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Opinion Letter No. 02-04
June 26, 2002
Reports Under Section 8-14.2, Revised Ordinances of Honolulu
The City and County of Honolulu ("City")
must make some information about real property interests
held or acquired by foreign persons public. Section 8-14.2, Revised
Ordinances of Honolulu
("Section 8-14.2") mandates that foreign property owners
report certain information to the City. The
City, in turns, reports this information in aggregate form to the
City Council.
Some of the information required to be reported under Section 8-14.2
is also contained in other
records that are required to be disclosed under section 92F-12(a)(5),
Hawaii Revised Statutes, or
that are otherwise public. The City should disclose otherwise public
information upon request as
disclosure would not be a clearly unwarranted invasion of personal
privacy. This includes names and
addresses of real property owners, assessed value of real property,
and consideration paid.
Disclosure of citizenship information concerning foreign individuals,
or natural persons, is a clearly
unwarranted invasion of personal privacy under section 92F-13(1),
Hawaii Revised Statutes,
however, disclosure of citizenship information about non-natural
persons is not, as only individuals
have privacy interests.
Names and addresses of officers and directors of foreign corporations,
and of partners in foreign
limited partnerships, that are publicly available in annual reports
filed with the Department of
Commerce and Consumer Affairs ("DCCA") must be made public
by the City, as disclosure would
not be a clearly unwarranted invasion of personal privacy.
Disclosure of names of shareholders of foreign corporations, and
trustees and beneficiaries of foreign
trusts that own real property is not a clearly unwarranted invasion
of personal privacy if that
information is already in the public domain. This may need to be
determined on a case by case
inquiry. Home addresses of shareholders of foreign corporations
and of trustees of foreign trusts that
own real property that are not in the public domain should not be
disclosed. Business addresses may
be disclosed.
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