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Opinion Letter No. 01-03
September 17, 2001
Disclosure of Inmate Information
A private company, Verifacts, Inc., asked the Department
of Public Safety ("PSD") for a copy of
inmate data that PSD maintains in its database. The Department of
the Attorney General asked the
OIP for written guidance regarding the record request.
The OIP noted that under the UIPA's mandatory disclosure provision,
section 92F-12 (a)(4), Hawaii
Revised Statutes, government agencies are required to disclose "directly
information concerning an
individual's presence at any correctional facility."
The OIP therefore advised that PSD is required to disclose directory
information concerning an
individual's presence at a correctional facility. Directory information
is limited to names and locations
of covered individuals.
Other inmate information should be disclosed subject to the personal
privacy and frustration
exceptions at section 92F-13, Hawaii Revised Statutes.
PSD may withhold information such as social security number, birth
date, complexion, gender, hair
and eye color, race, and personal financial information, when the
privacy interest of the individual
outweighs the public interest in disclosure of that information.
In addition, PSD has the discretion to withhold from disclosure
information that must be confidential in
order to prevent the frustration of a legitimate government function.
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