Opinion Letter No. 92-07
June 29, 1992
List of Self-Insured Employers
The Department of Labor and Industrial Relations
(DLIR) must make available for public inspection
and copying the names of employers that obtained approval to be
self-insured under Hawaii’s
Workers’ Compensation Law, chapter 386, Hawaii Revised Statutes.
Because the employers are
business entities and not "natural persons," they do not
have a cognizable personal privacy interest in
information concerning the fact of their self-insurance.
The OIP also found that the list of self-insured employers
is not commercial or financial information that falls within the
UIPA’s "frustration of a legitimate government function"
exception because: (1) disclosure would not impair the government's
ability to obtain information from employers that wish to be approved
for self-insurance; and (2) the fact that an employer is self-insured
is not the type of detailed financial information that would likely
cause substantial competitive harm to the self-insured employers.