Opinion Letter Summary

Opinion Letter No. 91-28
December 13, 1991
Civil Service Applications of Unsuccessful Applicants

The Department of Personnel Services (DPS) is permitted to disclose the civil service applications of
unsuccessful applicants to other State government agencies seeking temporary or emergency hires for the same or a related civil service class. The OIP previously concluded that the unsuccessful
applicants’ applications are confidential under the UIPA’s "clearly unwarranted invasion of privacy"
and "frustration of a legitimate government function" exceptions.

However, the disclosure of these applications to other State agencies seeking temporary or emergency hires in the same or related class fulfills several conditions for inter-agency disclosure under section 92F-19(a), Hawaii Revised Statutes. Specifically, the disclosure of these applications to other agencies for this purpose would be compatible with the purpose for which the information was collected or obtained, consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided, and reasonably proper for the performance of the requesting agency’s duties and functions. In contrast, section 92F-19(a), Hawaii Revised Statutes, does not permit the DPS to disclose unsuccessful applicants’ civil service exam scores to other agencies.

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