Opinion Letter No. 02-12
November 22, 2002
Hawaii's Fiscal Accounting and Management System
("FAMIS") is a government record as defined
by section 92F-3, Hawaii Revised Statutes. As a government record,
FAMIS is subject to the
Uniform Information Practices Act (Modified), chapter 92F, Hawaii
Revised Statutes ("UIPA").
Under the UIPA, the public is entitled to access information contained
in FAMIS that is not protected
from disclosure by section 92F-13, Hawaii Revised Statutes.
The Department of Accounting and General Services ("DAGS")
may withhold information from the
public that is contained in FAMIS if it fits into one of the exceptions
at 92F-13, Hawaii Revised
Statutes. The OIP did not review the contents of FAMIS, however,
it appears that at least some of
the information contained therein may be protected from disclosure
under section 92F-13(1), (4),
Hawaii Revised Statutes.
DAGS has no obligation under the UIPA to provide information contained
in FAMIS that is not
readily retrievable. Haw. Rev. Stat. § 92F-11(c) (1993).
The OIP was also asked whether the language in Section 189 of House
Bill 1220 ("H.B. 1220")
introduced in 1995 to the Eighteenth Legislature, which would have
allowed the "legislature" read-only
access to FAMIS, refers to the Legislature as a body, or to each
individual Legislator. The Attorney
General interpreted the term "legislature" as used in
H.B. 1220 to apply to the Legislature as a body.
The OIP did not opine on this issue as H.B. 1220 did not pass and
the issue is moot.