Opinion Letter No. 02-05
July 30, 2002
Agency Maintenance of Records Submitted by Private Entity
An individual asked the OIP whether an agency subject
to the Uniform Information Practices Act
(Modified), chapter 92F, Hawaii Revised Statutes ("UIPA"),
may maintain information about an
individual that is generated and submitted by a private entity.
The question applies to the policy of the Department of Public Safety
("PSD") of incarcerating Hawaii
inmates in private mainland prisons. These mainland prisons are
alleged to provide the PSD with
disciplinary infractions or other detrimental information.
The OIP opined that an agency may maintain such information. The
UIPA does not impose
affirmative obligations on agencies to maintain records. Collection
and maintenance of records may be
governed by laws outside the UIPA and by the agencies' policies.