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Opinion Letter No. 05-18
December 9, 2005
Disclosure of Plantation
Archive Records (RFO 03-044)
OIP
received a request for an opinion regarding the records received
from Hawaii Sugar Planters’ Association that comprise the
Plantation Archives held by the University of Hawaii at Manoa
Library (“Library”). Specifically, the requestee
asked whether the records are accessible to the public and whether
the Library may implement a policy of disclosing records created
eighty years or more ago, regardless of potential issues regarding
personal privacy interests.
Whether,
in accordance with the Uniform Information Practices Act (Modified),
chapter 92F, Hawaii Revised Statutes (“HRS”) (“UIPA”),
the Library may implement a policy of allowing public access to
records created over 80 years ago that are part of the Plantation
Archives, including social security numbers and personal income
tax information contained in the records.
In
general, a policy allowing public access to records that are 80 or more
years old is consistent with the UIPA. It is based upon the
legislature’s determination that records of such
age maintained by the state archives is public. However,
with respect to income tax records and any other records made confidential
by statute, absent a specific statutory provision allowing disclosure of
those records, OIP does not believe that the UIPA supports a policy of
disclosure and suggests that the Library consult with its attorney before
implementing such a policy.
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