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Opinion Letter No. 97-09
December 17, 1997
Geographic Information System Database as Confidential Commercial
Information
The Hawaii Natural Heritage Program ("HINHP")
database provided by The Nature Conservancy to
the Office of Planning and incorporated into the State geographic
information system ("State GIS") is
exempt from disclosure as confidential commercial information which,
if disclosed, would result in the
frustration of a legitimate government function. The HINHP database
is a comprehensive compilation
of the geographic location and status of rare species and ecosystems
in the State of Hawaii, which is
available in such a complete form only from The Nature Conservancy.
The OIP determined that disclosure of the HINHP database would result
in substantial competitive
harm to The Nature Conservancy and would impair the State’s
ability to get further such information
from The Nature Conservancy. Such impairment would frustrate the
ability of State agencies to
effectively carry out their planning and environmental protection
functions.
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