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Opinion Letter No. 99-07
November 23, 1999
Identities of Complainants to DOH
The Department of Health ("DOH") often
receives complaints from members of the public on possible
civil law violations. The DOH received a request for records that
would disclose the identity of a
person who reported an alleged food labeling violation. The DOH
asserted that if it must make
identities of informants public, its ability to investigate alleged
violations of the law will be chilled
because informants have expressed concerns about the disclosure
of their identities due to fear of
retaliation.
The OIP found that the identities of these informants
may be withheld from public disclosure because disclosure would
likely cause the frustration of the DOH's legitimate government
function enforcing civil laws under section 92F-13(3), Hawaii Revised
Statutes. This may include redaction of information in addition
to a person's name, if it would lead to the identification of the
individual.
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