The Uniform Information Practices Act (Modified),
chapter 92F, Hawaii Revised Statutes ("UIPA"), is Hawaii's
public records law. The Office of Information Practices ("OIP")
was created by the Legislature in 1988 to administer the UIPA.
UIPA
Training Video
Basic UIPA training video and materials
UIPA Record Request Log
Log, Training, Instructions, FAQ
UIPA Guide
"Open Records" Guide to Hawaii's Uniform Information
Practices Act
Notice Regarding Furlough Days
The Law
Uniform Information Practices Act (Modified), Chapter 92F, Hawaii
Revised Statutes ("UIPA")
Quick
Review: Responding to a Personal Record Request (April 2013)
APPEALS:
Guide to Appeals to the Office of
Information Practices
This guide, in a question and answer format, provides an introduction
to the process of administrative appeals to
the Office of Information Practices (OIP) from government agency
decisions under the Uniform Information Practices Act (UIPA),
the Sunshine Law, and certain decisions of the State Department
of Taxation to grant or deny access to their records.
UIPA
Training Video:
The state Office of Information Practices is pleased
to provide you with a new training video to provide in-depth training
on the Uniform Information Practices Act. The video is a PowerPoint
presentation with a voice-over and comes in two parts, which will
take a total of approximately 1-½ hours to complete.
OIP is using technology to efficiently leverage its limited resources.
These on-line videos (including a new
training video on the Sunshine Law) provide the same content
that OIP formerly presented in person, and they are now more readily
available 24/7 to all government agencies as well as members of
the public. By asking agencies to first view these videos for basic
training on the open government laws, OIP can more effectively follow-up
with specialized in-person training to answer questions and focus
on agencies’ specific areas of concern.
Basic
UIPA training video, part 1 (streaming)
Basic UIPA
training video, part 2 (streaming)
Once a video begins playing, you can download and
save it to RealPlayer by mousing over the video and then clicking
in the upper right on "Download This Video." (If you
need to download the free RealPlayer to your computer, go to www.real.com/realplayer.)
Materials for Basic UIPA
training:
1. UIPA training
slides handout (pdf)
2. UIPA
training Shrimp Board record set (pdf)
3. Open Records: Guide
to Hawaii's Uniform Information Practices Act
(pdf, print in landscape) - January 2013
4. Open
Records: Guide to Hawaii's Uniform Information Practices Act
COVER PAGE (pdf) - January 2013
The UIPA Record Request Log is a new tool for agencies
to track their written requests for records, track their response,
and calculate fees and costs. Please follow the Instructions and
Training below.
* FY 2014
REPORTING FOR UIPA RECORD REQUEST LOG:
EFFECTIVE JULY 1, 2013, to report record requests received July
1, 2013,
or later.
The UIPA Record Request Log has been revised
to add a column for "Request Needed Initial Clarification."
(For FY 2013 reporting, scroll down to FY 2013 materials).
*** UIPA
Record Request Log TRAINING with notes (pdf) (July 1, 2013)
UIPA
Record Request Log TRAINING handout (for note taking) (pdf)
(July 1, 2013)
UIPA
Record Request Log TRAINING with narration (PowerPoint)
(July 1, 2013)
UIPA
Record Request Log INSTRUCTIONS (July 1, 2013)
UIPA
Record Request Log FAQ (July 1, 2013)
UIPA
Record Request Log (form) (Excel) (July 1, 2013)
Note: To adjust your view of the Log spreadsheet,
change the zoom view
to 50% (click on View, then Zoom, and select
a zoom level).
Note: The UIPA Log summaries
(totals) will be uploaded twice
a year to data.hawaii.gov
(see reporting and uploading instructions below). Each agency
should save its UIPA Record Request Log file for the first 6-month
period (July through December 2013), then save that same file
under a different name (FY 2014) to add
the data for records requests received in January through June
2014). This means that the second report (due in July) will
cover the entire fiscal year from July 1 to June 30, and will
be uploaded to a different Master Log reflecting the annual
totals from all agencies.
Here's the uploading schedule:
January 2014: Upload 6-month Log summaries
for July 1, 2013, through December 31, 2013.
July 2014: Upload 12-month Log summaries
for all of FY 2014 (July 1, 2013, through June 30, 2014).
Reporting the UIPA Log on the Records Report
System (RRS):
OIP has a model report of the UIPA Log for State of Hawaii executive
agencies on the RRS (see RSN
39988). Individual departments should use the RRS to
report the UIPA Log as one of their record titles and include
information regarding officer in charge, record uses, storage,
etc. Each agency may report the UIPA Log on the RRS, or a department
may choose to report the UIPA Log once for the whole department.
The RRS Page for
Agencies has login information, reporting instructions, and
other guidance.
Uploading UIPA Log summaries to data.hawaii.gov:
Beginning in January 2013, State agencies have been required to
semiannually upload their Log summaries to OIP’s Master
Log on the State's new website at data.hawaii.gov, where the data
can be summarized, sorted, analyzed, and visualized in countless
ways. The instructions and form below (July 1, 2013) teach you
how to upload multiple sets of Log totals at one time onto data.hawaii.gov.
*** How
to Upload Multiple UIPA Log Totals to data.hawaii.gov TRAINING
(pdf) (July 1, 2013)
Blank
UIPA Log to Upload Multiple Agency Totals to data.hawaii.gov
(Excel) (July 1, 2013)
* FY 2013 REPORTING
FOR UIPA RECORD REQUEST LOG:
Use these materials to report record requests received in FY 2013
(July 1, 2012 through June 30, 2013). (For FY 2014 reporting,
scroll up to FY 2014 materials.)
Tip
Sheet for UIPA Log Users (Feb. 1, 2013)
A list of tips for (1) completing the log and (2) uploading the
log totals to data.hawaii.gov. This list is based on the experiences
of agency personnel who have completed the UIPA Log for their
agencies, and those who are uploading the log totals to data.hawaii.gov.
UIPA
Record Request Log TRAINING with narration, part 1
(streaming) (Nov. 5, 2012)
UIPA
Record Request Log TRAINING with narration, part 2
(streaming) (Nov. 5, 2012)
Videos may take a while to begin, depending on
your browser. Once a video begins playing, you can download
and save it to RealPlayer by mousing over the video and then
clicking in the upper right on "Download This Video."
(If you need to download the free RealPlayer to your computer,
go to www.real.com/realplayer.)
*** UIPA
Record Request Log TRAINING with notes (pdf) (Nov. 5, 2012)
UIPA
Record Request Log TRAINING handout (for note taking) (pdf)
(Nov. 14, 2012)
UIPA
Record Request Log INSTRUCTIONS (Oct. 11, 2012)
UIPA
Record Request Log FAQ (August 2012)
UIPA
Record Request Log (form) (Excel) (Oct. 12, 2012)
Note: To adjust your view of the Log spreadsheet,
change the zoom view
to 50% (click on View, then Zoom, and select
a zoom level).
Note: The UIPA Log summaries
(totals) will be uploaded twice
a year to data.hawaii.gov
(see reporting and uploading instructions below). Each agency
should save its UIPA Record Request Log file for the first 6-month
period (July through December 2012), then save that same file
under a different name (FY 2013) to add
the data for records requests received in January through June
2013). This means that the second report (due in July) will
cover the entire fiscal year from July 1 to June 30, and will
be uploaded to a different Master Log reflecting the annual
totals from all agencies.
Here's the uploading schedule:
January 2013: Upload 6-month Log summaries
for July 1, 2012, through December 31, 2012.
July 2013: Upload 12-month Log summaries
for all of FY 2013 (July 1, 2012, through June 30, 2013).
Reporting the UIPA Log on the Records Report
System (RRS):
OIP has a model report of the UIPA Log for State of Hawaii executive
agencies on the RRS (see RSN
39988). Individual departments should use the RRS to
report the UIPA Log as one of their record titles and include
information regarding officer in charge, record uses, storage,
etc. Each agency may report the UIPA Log on the RRS, or a department
may choose to report the UIPA Log once for the whole department.
The RRS Page for
Agencies has login information, reporting instructions, and
other guidance.
Uploading UIPA Log summaries to data.hawaii.gov:
Beginning in January 2013, State agencies will be required to
semiannually upload their Log summaries to OIP’s Master
Log on the State's new website at data.hawaii.gov, where the data
can be summarized, sorted, analyzed, and visualized in countless
ways. The instructions and form below (October 17, 2012) teach
you how to upload multiple sets of Log totals at one time onto
data.hawaii.gov.
*** How
to Upload Multiple UIPA Log Totals to data.hawaii.gov TRAINING
(pdf) (Oct. 17, 2012)
Blank
UIPA Log to Upload Multiple Agency Totals to data.hawaii.gov
(Excel) (Oct. 16, 2012)
UIPA GUIDE:
"Open Records" Guide to Hawaii's Uniform Information Practices
Act
(updated January 2013):
Quick
Review : Responding to a Personal Record Request (April 2013)
(pdf)
Quick
Review: The ABCs of Redaction (April 2013) (pdf)
Notice
Regarding Furlough Days:
Under the UIPA and OIP's administrative
rules, the time limits for agencies to respond to records requests
are set forth as specified numbers of business or working days.
For purposes of calculating the agency response
time limits, a furlough day shall not be considered a business
or working day, unless the agency or division thereof is open
for the transaction of public business.
This is an
unofficial copy of the Uniform Information Practices Act (Modified),
chapter 92F, Hawaii Revised Statutes ("UIPA"). It contains
all amendments enacted through the Legislature's 2012 regular
and special sessions.
Link
to the 2012 Hawaii Revised Statutes, chapter 92F, on the Hawaii
State Legislature website (the 2012 HRS has been updated for all
Acts passed in the 2012 Legislative session).
Hawaii Revised Statutes
CHAPTER 92F
UNIFORM INFORMATION PRACTICES ACT (MODIFIED)
PART I. GENERAL PROVISIONS AND DEFINITIONS
SECTION
92F-1 SHORT TITLE
92F-2 PURPOSES; RULES OF CONSTRUCTION
92F-3 GENERAL DEFINITIONS
92F-4 FUNDING, SERVICES, AND OTHER FEDERAL ASSISTANCE
PART II. FREEDOM OF INFORMATION
92F-11 AFFIRMATIVE AGENCY DISCLOSURE
RESPONSIBILITIES
92F-12 DISCLOSURE REQUIRED
92F-13 GOVERNMENT RECORDS; EXCEPTIONS TO GENERAL
RULE
92F-14 SIGNIFICANT PRIVACY INTERESTS; EXAMPLES
92F-15 JUDICIAL ENFORCEMENT
92F-15.3 NOTICE TO THE OFFICE OF INFORMATION PRACTICES
92F-15.5 ALTERNATIVE METHOD TO APPEAL A DENIAL
OF ACCESS
92F-16 IMMUNITY FROM LIABILITY
92F-17 CRIMINAL PENALTIES
92F-18 AGENCY IMPLEMENTATION
92F-19 LIMITATIONS ON DISCLOSURE OF GOVERNMENT
RECORDS TO OTHER AGENCIES
PART III. DISCLOSURE OF PERSONAL
RECORDS
92F-21 INDIVIDUAL’S ACCESS
TO OWN PERSONAL RECORD
92F-21.5 REPEALED
92F-22 EXEMPTIONS AND LIMITATIONS ON INDIVIDUAL
ACCESS
92F-23 ACCESS TO PERSONAL RECORD; INITIAL PROCEDURE
92F-24 RIGHT TO CORRECT PERSONAL RECORD; INITIAL
PROCEDURE
92F-25 CORRECTION AND AMENDMENT; REVIEW PROCEDURES
92F-26 RULES
92F-27 CIVIL ACTIONS AND REMEDIES
92F-27.5 ALTERNATIVE METHOD TO APPEAL A DENIAL
OF ACCESS
92F-28 ACCESS TO PERSONAL RECORDS BY ORDER IN JUDICIAL
OR ADMINISTRATIVE PROCEEDINGS; ACCESS AS AUTHORIZED OR REQUIRED
BY OTHER LAW
PART IV. OFFICE OF INFORMATION PRACTICES;
DUTIES
92F-41 OFFICE OF INFORMATION PRACTICES;
ESTABLISHED
92F-42 POWERS AND DUTIES OF THE OFFICE OF INFORMATION
PRACTICES
92F-43 AGENCY APPEAL OF A DECISION BY THE OFFICE
OF INFORMATION PRACTICES
PART 1. GENERAL PROVISIONS
AND DEFINITIONS
[§92F-1]
Short title. This chapter shall be known and may be cited
as the Uniform Information Practices Act (Modified). [L 1988, c
262, pt of §1]
[§92F-2]
Purposes; rules of construction. In a democracy, the people
are vested with the ultimate decision-making power. Government agencies
exist to aid the people in the formation and conduct of public policy.
Opening up the government processes to public scrutiny and participation
is the only viable and reasonable method of protecting the public's
interest. Therefore the legislature declares that it is the policy
of this State that the formation and conduct of public policy—the
discussions, deliberations, decisions, and action of government
agencies—shall be conducted as openly as possible.
The policy of conducting government business as openly
as possible must be tempered by a recognition of the right of the
people to privacy, as embodied in section 6 and section 7 of Article
I of the Constitution of the State of Hawaii.
This chapter shall be applied and construed to promote
its underlying purposes and policies, which are to:
(1) Promote the public interest in disclosure;
(2) Provide for accurate, relevant, timely, and
complete government records;
(3) Enhance governmental accountability through
a general policy of access to government records;
(4) Make government accountable to individuals in
the collection, use, and dissemination of information relating
to them; and
(5) Balance the individual privacy interest and
the public access interest, allowing access unless it would constitute
a clearly unwarranted invasion of personal privacy. [L 1988, c
262, pt of §1]
[§92F-3]
General definitions. Unless the context otherwise requires,
in this chapter:
"Agency" means any unit of government in
this State, any county, or any combination of counties; department;
institution; board; commission; district; council; bureau; office;
governing authority; other instrumentality of state or county government;
or corporation or other establishment owned, operated, or managed
by or on behalf of this State or any county, but does not include
the nonadministrative functions of the courts of this State.
"Government record" means information maintained
by an agency in written, auditory, visual, electronic, or other
physical form.
"Individual" means a natural person.
"Person" means an individual, corporation,
government, or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or any other legal entity.
"Personal record" means any item, collection,
or grouping of information about an individual that is maintained
by an agency. It includes, but is not limited to, the individual's
education, financial, medical, or employment history, or items that
contain or make reference to the individual's name, identifying
number, symbol, or other identifying particular assigned to the
individual, such as a finger or voice print or a photograph. [L
1988, c 262, pt of §1]
[§92F-4]
Funding, services, and other federal assistance. Where compliance
with any provision of this chapter would cause an agency to lose
or be denied funding, services, or other assistance from the federal
government, compliance with that provision shall be waived but only
to the extent necessary to protect eligibility for federal funding,
services, or other assistance. [L 1992, c 118, §1]
PART II. FREEDOM OF INFORMATION
[§92F-11]
Affirmative agency disclosure responsibilities. (a) All government
records are open to public inspection unless access is restricted
or closed by law.
(b) Except as provided in section 92F-13, each agency
upon request by any person shall make government records available
for inspection and copying during regular business hours; provided
that an agency shall not be required to make government records
available or respond to a person's subsequent duplicative request,
if:
(1) After conducting a good faith review and comparison
of the earlier request and the pending request, the agency finds
that the pending request is duplicative or substantially similar
in nature;
(2) The pending request has already been responded
to within the past year; and
(3) The agency's response to the pending request
would remain unchanged.
(c) Unless the information is readily retrievable
by the agency in the form in which it is requested, an agency shall
not be required to prepare a compilation or summary of its records.
(d) Each agency shall assure reasonable access to
facilities for duplicating records and for making memoranda or abstracts.
(e) Each agency may adopt rules, pursuant to chapter
91, to protect its records from theft, loss, defacement, alteration,
or deterioration and to prevent manifestly excessive interference
with the discharge of its other lawful responsibilities and functions.
[L 1988, c 262, pt of §1]
§92F-12
Disclosure required. (a) Any other provision in this chapter
to the contrary notwithstanding, each agency shall make available
for public inspection and duplication during regular business hours:
(1) Rules of procedure, substantive rules of general
applicability, statements of general policy, and interpretations
of general applicability adopted by the agency;
(2) Final opinions, including concurring and dissenting
opinions, as well as orders made in the adjudication of cases,
except to the extent protected by section 92F-13(1);
(3) Government purchasing information, including
all bid results, except to the extent prohibited by section 92F-13;
(4) Pardons and commutations, as well as directory
information concerning an individual's presence at any correctional
facility;
(5) Land ownership, transfer, and lien records,
including real property tax information and leases of state land;
(6) Results of environmental tests;
(7) Minutes of all agency meetings required by law
to be public;
(8) Name, address, and occupation of any person
borrowing funds from a state or county loan program, and the amount,
purpose, and current status of the loan;
(9) Certified payroll records on public works contracts
except social security numbers and home addresses;
(10) Regarding contract hires and consultants employed
by agencies:
(A) The contract itself, the
amount of compensation,
(B) The duration of the contract, and
(C) The objectives of the contract,
except social security numbers and home addresses;
(11) Building permit information within the control
of the agency;
(12) Water service consumption data maintained by
the boards of water supply;
(13) Rosters of persons holding licenses or permits
granted by an agency that may include name, business address,
type of license held, and status of the license;
(14) The name, compensation (but only the salary
range for employees covered by or included in chapter 76, and
sections 302A-602 to 302A-640, and 302A-701, or bargaining unit
(8)), job title, business address, business telephone number,
job description, education and training background, previous work
experience, dates of first and last employment, position number,
type of appointment, service computation date, occupational group
or class code, bargaining unit code, employing agency name and
code, department, division, branch, office, section, unit, and
island of employment, of present or former officers or employees
of the agency; provided that this paragraph shall not require
the creation of a roster of employees; and provided further that
this paragraph shall not apply to information regarding present
or former employees involved in an undercover capacity in a law
enforcement agency;
(15) Information collected and maintained for the
purpose of making information available to the general public;
and
(16) Information contained in or compiled from a
transcript, minutes, report, or summary of a proceeding open to
the public.
(b) Any provision to the contrary notwithstanding,
each agency shall also disclose:
(1) Any government record, if the requesting person
has the prior written consent of all individuals to whom the record
refers;
(2) Government records which, pursuant to federal
law or a statute of this State, are expressly authorized to be
disclosed to the person requesting access;
(3) Government records pursuant to a showing of
compelling circumstances affecting the health or safety of any
individual;
(4) Government records requested pursuant to an
order of a court;
(5) Government records pursuant to a subpoena from
either house of the state legislature; and
(6) Information from the motor vehicle registration
files, provided that the person requesting such files shall have
a legitimate reason as determined by rules. [am L 1996, c 89,
§8; am L 2000, c253, §150; am L 2004, c 92, §3; am
L 2005, c 85, §1; am L 2007, c 14, §1]
§92F-13
Government records; exceptions to general rule. This part
shall not require disclosure of:
(1) Government records which, if disclosed, would
constitute a clearly unwarranted invasion of personal privacy;
(2) Government records pertaining to the prosecution
or defense of any judicial or quasi-judicial action to which the
State or any county is or may be a party, to the extent that such
records would not be discoverable;
(3) Government records that, by their nature, must
be confidential in order for the government to avoid the frustration
of a legitimate government function;
(4) Government records which, pursuant to state
or federal law including an order of any state or federal court,
are protected from disclosure; and
(5) Inchoate and draft working papers of legislative
committees including budget worksheets and unfiled committee reports;
work product; records or transcripts of an investigating committee
of the legislature which are closed by rules adopted pursuant
to section 21-4 and the personal files of members of the legislature.
[L 1988, c 262, pt of §1; am L 1993, c 250, §1]
§92F-14
Significant privacy interest; examples. (a) Disclosure of
a government record shall not constitute a clearly unwarranted invasion
of personal privacy if the public interest in disclosure outweighs
the privacy interests of the individual.
(b) The following are examples of information in which
the individual has a significant privacy interest:
(1) Information relating to medical, psychiatric,
or psychological history, diagnosis, condition, treatment, or
evaluation, other than directory information while an individual
is present at such facility;
(2) Information identifiable as part of an investigation
into a possible violation of criminal law, except to the extent
that disclosure is necessary to prosecute the violation or to
continue the investigation;
(3) Information relating to eligibility for social
services or welfare benefits or to the determination of benefit
levels;
(4) Information in an agency's personnel file, or
applications, nominations, recommendations, or proposals for public
employment or appointment to a governmental position, except:
(A) Information disclosed under section 92F-12(a)(14);
and
(B) The following information related to employment
misconduct that results in an employee's suspension or discharge:
(i) The name of the employee;
(ii) The nature of the employment-related misconduct;
(iii) The agency's summary of the allegations
of misconduct;
(iv) Findings of fact and conclusions of law;
and
(v) The disciplinary action taken by the agency;
when the following has occurred: the highest non-judicial
grievance adjustment procedure timely invoked by the employee
or the employee's representative has concluded; a written
decision sustaining the suspension or discharge has been issued
after this procedure; and thirty calendar days have elapsed
following the issuance of the decision; provided that this
subparagraph shall not apply to a county police department
officer except in a case which results in the discharge of
the officer;
(5) Information relating to an individual's nongovernmental
employment history except as necessary to demonstrate compliance
with requirements for a particular government position;
(6) Information describing an individual's finances,
income, assets, liabilities, net worth, bank balances, financial
history or activities, or creditworthiness;
(7) Information compiled as part of an inquiry into
an individual's fitness to be granted or to retain a license,
except:
(A) The record of any proceeding resulting in
the discipline of a licensee and the grounds for discipline;
(B) Information on the current place of employment
and required insurance coverages of licensees; and
(C) The record of complaints including all dispositions;
and
(8) Information comprising a personal recommendation
or evaluation; and
(9) Social security numbers. [L 1988, c 262, pt
of §1; am L 1993, c 191, §1; am L 1995, c 242, §1;
am L 2004, c92, §4]
§92F-15
Judicial enforcement. (a) A person aggrieved by a denial
of access to a government record may bring an action against the
agency at any time within two years after the agency denial to compel
disclosure.
(b) In an action to compel disclosure the circuit
court shall hear the matter de novo; provided that if the action
to compel disclosure is brought because an agency has not made a
record available as required by section 92F-15.5(b) after the office
of information practices has made a decision to disclose the record
and the agency has not appealed that decision within the time period
provided by 92F-43, the decision of the office of information practices
shall not be subject to challenge by the agency in the action to
compel disclosure. Opinions and rulings of the office of information
practices shall be admissible and shall be considered as precedent
unless found to be palpably erroneous, except that in an action
to compel disclosure brought by an aggrieved person after the office
of information practices upheld the agency's denial of access to
the person as provided in section 92F-15.5(b), the opinion or ruling
upholding the agency's denial of access shall be reviewed de novo.
The circuit court may examine the government record at issue, in
camera, to assist in determining whether it, or any part of it,
may be withheld.
(c) The agency has the burden of proof to establish
justification for nondisclosure.
(d) If the complainant prevails in an action brought
under this section, the court shall assess against the agency reasonable
attorney's fees and all other expenses reasonably incurred in the
litigation.
(e) The circuit court in the judicial circuit in which
the request for the record is made, where the requested record is
maintained, or where the agency's headquarters are located shall
have jurisdiction over an action brought under this section.
(f) Except as to cases the circuit court considers
of greater importance, proceedings before the court, as authorized
by this section, and appeals therefrom, take precedence on the docket
over all cases and shall be assigned for hearing and trial or for
argument at the earliest practicable date and expedited in every
way. [L 1988, c 262, pt of §1; am L 1989, c 192, §3; am
L 2012, c 176, §4]
§92F-15.3
Notice to the office of information practices. When filing
a civil action that is under, related to, or is affected by this
chapter, a person shall notify the office of information practices
in writing at the time of the filing. The office of information
practices may intervene in the action.
[L 1998, c 82, §1]
§92F-15.5
Alternative method to appeal a denial of access. (a) When
an agency denies a person access to a government record, the person
may appeal the denial to the office of information practices in
accordance with rules adopted pursuant to section 92F-42(12). A
decision to appeal to the office of information practices for review
of the agency denial shall not prejudice the person's right to appeal
to the circuit court after a decision is made by the office of information
practices.
(b) If the decision is to disclose, the office of
information practices shall notify the person and the agency, and
the agency shall make the record available. If the denial of access
is upheld, in whole or in part, the office of information practices
shall, in writing, notify the person of the decision, the reasons
for the decision, and the right to bring a judicial action under
section 92F-15(a). [L 1989, c 192, §1]
[§92F-16]
Immunity from liability. Anyone participating in good faith
in the disclosure or nondisclosure of a government record shall
be immune from any liability, civil or criminal, that might otherwise
be incurred, imposed or result from such acts or omissions. [L 1988,
c 262, pt of §1]
[§92F-17]
Criminal penalties. (a) An officer or employee of an agency
who intentionally discloses or provides a copy of a government record,
or any confidential information explicitly described by specific
confidentiality statutes, to any person or agency with actual knowledge
that disclosure is prohibited, shall be guilty of a misdemeanor,
unless a greater penalty is otherwise provided for by law.
(b) A person who intentionally gains access to or
obtains a copy of a government record by false pretense, bribery,
or theft, with actual knowledge that access is prohibited. or who
intentionally obtains any confidential information by false pretense,
bribery, or theft, with actual knowledge that it is prohibited [by]
a confidentiality statute, shall be guilty of a misdemeanor. [L
1988, c 262, pt of §1]
§92F-18
Agency implementation. (a) Each agency shall:
(1) Issue instructions and guidelines necessary
to effectuate this chapter; and
(2) Take steps to assure that all its employees
and officers responsible for the collection, maintenance, use,
and dissemination of government records are informed of the requirements
of this chapter.
(b) Each agency shall compile a public report describing
the records it routinely uses or maintains using forms prescribed
by the office of information practices. The public reports shall
be filed with the office of information practices on or before December
31, 1994. The public reports shall include:
(1) The name and location of each set of records;
(2) The authority under which the records are maintained;
(3) The categories of individuals for whom records
are maintained;
(4) The categories of information or data maintained
in the records;
(5) The categories of sources of information in
the records;
(6) The categories of uses and disclosures made
of the records;
(7) The agencies and categories of persons outside
of the agency which routinely use the records;
(8) The records routinely used by the agency which
are maintained by:
(A) Another agency; or
(B) A person other than an agency;
(9) The policies and practices of the agency regarding
storage, retrievability, access controls, retentions, and disposal
of the information maintained in records;
(10) The title, business address, and business telephone
number of the agency officer or officers responsible for the records;
(11) The agency procedures whereby an individual
may request access to records; and
(12) The number of written requests for access within
the preceding year, the number denied, the number of lawsuits
initiated against the agency under this part, and the number of
suits in which access was granted.
(c) Each agency shall supplement or amend its public
report, or file a new report, on or before July 1 of each subsequent
year, to ensure that the information remains accurate and complete.
Each agency shall file the supplemental, amended, or new report
with the office of information practices, which shall make the reports
available for public inspection. [L 1988, c 262, pt of §1;
am L 1989, c 192, §4; am L 1991, c 167, §2; am L 1992,
c 118, §2; am L 1993, c 57, §1]
§92F-19
Limitations on disclosure of government records to other agencies.
(a) No agency may disclose or authorize disclosure of government
records to any other agency unless the disclosure is:
(1) Necessary for the performance of the requesting
agency's duties and functions and is also:
(A) Compatible with the purpose for which the
information was collected or obtained; or
(B) Consistent with the conditions or reasonable
expectations of use and disclosure under which the information
was provided;
(2) To the state archives for the purposes of historic
preservation, administrative maintenance, or destruction;
(3) To another agency, another state, or the federal
government, or foreign law enforcement agency or authority, if
the disclosure is:
(A) For the purpose of a civil or criminal law
enforcement activity authorized by law; and
(B) Pursuant to:
(i) A written agreement or written request,
or
(ii) A verbal request, made under exigent circumstances, by
an officer or employee of the requesting agency whose identity
has been verified, provided that such request is promptly
confirmed in writing;
(4) To a criminal law enforcement agency of this
State, another state, or the federal government, or a foreign
criminal law enforcement agency or authority, if the information
is limited to an individual's name and other identifying particulars,
including present and past places of employment;
(5) To a foreign government pursuant to an executive
agreement, compact, treaty, or statute;
(6) To the legislature, or a county council, or
any committee or subcommittee thereof;
(7) Pursuant to an order of a court of competent
jurisdiction;
(8) To authorized officials of another agency, another
state, or the federal government for the purpose of auditing or
monitoring an agency program that receives federal, state, or
county funding;
(9) To the offices of the legislative auditor, the
legislative reference bureau, or the ombudsman of this State for
the performance of their respective functions;
(10) To the department of human resources development,
county personnel agencies, or line agency personnel offices for
the performance of their respective duties and functions, including
employee recruitment and examination, classification and compensation
reviews, the administration and auditing of personnel transactions,
the administration of training and safety, workers' compensation,
and employee benefits and assistance programs, and for labor relations
purposes; or
(11) Otherwise subject to disclosure under this
chapter.
(b) An agency receiving government records
pursuant to subsection (a) shall be subject to the same restrictions
on disclosure of the records as the originating agency. [L 1988,
c 262, pt of §1; am L 1993, c 250, §2; L 1994,
c 56, §21]
PART III. DISCLOSURE OF PERSONAL
RECORDS
Note
Part heading amended by L 1989, c 192, §5.
[§92F-21]
Individual's access to own personal record. Each agency that
maintains any accessible personal record shall make that record
available to the individual to whom it pertains, in a reasonably
prompt manner and in a reasonably intelligible form. Where necessary
the agency shall provide a translation into common terms of any
machine readable code or any code or abbreviation employed for internal
agency use. [L 1988, c 262, pt of §1]
§92F-21.5 REPEALED. L 199O,
c 250, §4.
§92F-22
Exemptions and limitations on individual access. An agency
is not required by this part to grant an individual access to personal
records, or information in such records:
(1) Maintained by an agency that performs as its
or as a principal function any activity pertaining to the prevention,
control, or reduction of crime, and which consist of:
(A) Information or reports prepared or compiled
for the purpose of criminal intelligence or of a criminal investigation,
including reports of informers, witnesses, and investigators;
or
(B) Reports prepared or compiled at any stage
of the process of enforcement of the criminal laws from arrest
or indictment through confinement, correctional supervision,
and release from supervision.
(2) The disclosure of which would reveal the identity
of a source who furnished information to the agency under an express
or implied promise of confidentiality.
(3) Consisting of testing or examination material
or scoring keys used solely to determine individual qualifications
for appointment or promotion in public employment, or used as
or to administer a licensing examination or an academic examination,
the disclosure of which would compromise the objectivity, fairness,
or effectiveness of the testing or examination process.
(4) Including investigative reports and materials,
related to an upcoming, ongoing, or pending civil or criminal
action or administrative proceeding against the individual.
(5) Required to be withheld from the individual
to whom it pertains by statute or judicial decision or authorized
to be so withheld by constitutional or statutory privilege. [L
1988, c 262, pt of §1; am L 1993, c 250, §3]
[92F-23]
Access to personal record; initial procedure. Upon the request
of an individual to gain access to the individual's personal record,
an agency shall permit the individual to review the record and have
a copy made within ten working days following the date of receipt
of the request by the agency unless the personal record requested
is exempted under section 92F-22. The ten-day period may be extended
for an additional twenty working days if the agency provides to
the individual, within the initial ten working days, a written explanation
of unusual circumstances causing the delay.
[L 1988, c 262, pt of §1; am L 2000, c 254, §1]
[§92F-24]
Right to correct personal record; initial procedure. (a)
An individual has a right to have any factual error in that person's
personal record corrected and any misrepresentation or misleading
entry in the record amended by the agency which is responsible for
its maintenance.
(b) Within twenty business days after receipt of a
written request to correct or amend a personal record and evidence
that the personal record contains a factual error, misrepresentation,
or misleading entry, an agency shall acknowledge receipt of the
request and purported evidence in writing and promptly:
(1) Make the requested correction or amendment;
or
(2) Inform the individual in writing of its refusal
to correct or amend the personal record, the reason for the refusal,
and the agency procedures for review of the refusal. [L 1988,
c 262, pt of §1]
§92F-25
Correction and amendment; review procedures. (a) Not later
than thirty business days after receipt of a request for review
of an agency refusal to allow correction or amendment of a personal
record, the agency shall make a final determination.
(b) If the agency refuses upon final determination
to allow correction or amendment of a personal record, the agency
shall so state in writing and:
(1) Permit, whenever appropriate, the individual
to file in the record a concise statement setting forth the reasons
for the individual's disagreement with the refusal of the agency
to correct or amend it; and
(2) Notify the individual of the applicable procedures
for obtaining appropriate judicial remedy. [L 1988, c 262, pt
of §1; am L 1989, c 192, §6]
§92F-26
Rules. The office of information practices shall adopt rules,
under chapter 91, establishing procedures necessary to implement
or administer this part, which the agencies shall adopt, insofar
as practicable, in order to ensure uniformity among state and county
agencies. [L 1988, c 262, pt of §1; am L 1989, c 192, §7]
§92F-27
Civil actions and remedies. (a) An individual may bring a
civil action against an agency in a circuit court of the State whenever
an agency fails to comply with any provision of this part, and after
appropriate administrative remedies under sections 92F-23, 92F-24,
and 92F-25 have been exhausted.
(b) Opinions and rulings of the office of information
practices shall be admissible and shall be considered as precedent
unless found to be palpably erroneous, except that the opinion or
ruling upholding the agency's denial of access to the aggrieved
person shall be reviewed de novo. The circuit court may examine
the record at issue, in camera, to assist in determining whether
it, or any part of it, may be withheld.
(c) In any action brought under this section the court
may order the agency to correct or amend the complainant's personal
record, to require any other agency action, or to enjoin such agency
from improper actions as the court may deem necessary and appropriate
to render substantial relief.
(d) In any action brought under this section in which
the court determines that the agency knowingly or intentionally
violated a provision of this part, the agency shall be liable to
the complainant in an amount equal to the sum of:
(1) Actual damages sustained by the complainant
as a result of the failure of the agency to properly maintain
the personal record, but in no case shall an individual complainant
entitled to recovery receive less than the sum of $1,000; and
(2) The costs of the action together with reasonable
attorney's fees as determined by the court.
(e) The court may assess reasonable attorney's fees
and other litigation costs reasonably incurred against the agency
in any case in which the complainant has substantially prevailed,
and against the complainant where the charges brought against the
agency were frivolous.
(f) An action may be brought in the circuit court
where the complainant resides, the complainant's principal place
of business is situated, or the complainant's relevant personal
record is situated. No action shall be brought later than two years
after notification of the agency denial, or where applicable, the
date of receipt of the final determination of the office of information
practices. [L 1988, c 262, pt of §1; am L 1989, c 192, §8;
am L 2012, c 176, §5]
§92F-27.5
Alternative method to appeal a denial of access. (a) When
an agency denies an individual access to that individual's personal
record, the individual may appeal the denial to the office of information
practices in accordance with rules adopted pursuant to section 92F-42(12).
A decision to appeal to the office of information practices for
review of the agency denial shall not prejudice the individual's
right to appeal to the circuit court after a decision is made by
the office of information practices.
(b) If the decision is to disclose, the office of
information practices shall notify the individual and the agency,
and the agency shall make the record available. If the denial of
access is upheld, in whole or in part, the office of information
practices shall, in writing, notify the individual of the decision,
the reasons for the decision, and the right to bring a judicial
action under section 92F-27. [L 1989, c 192, §2]
[§92F-28]
Access to personal records by order in judicial or administrative
proceedings; access as authorized or required by other law.
Nothing in this part shall be construed to permit or require an
agency to withhold or deny access to a personal record, or any information
in a personal record:
(1) When the agency is ordered to produce, disclose,
or allow access to the record or information in the record, or
when discovery of such record or information is allowed by prevailing
rules of discovery or by subpoena, in any judicial or administrative
proceeding; or
(2) Where any statute, administrative rules, rule
of court, judicial decision, or other law authorizes or allows
an individual to gain access to a personal record or to any information
in a personal record or requires that the individual be given
such access. [L 1988, c 262, pt of §1]
PART IV. OFFICE OF INFORMATION
PRACTlCES; DUTIES
§92F-41
Office of information practices; established. (a) There is
established a temporary office of information practices for a special
purpose within the office of the lieutenant governor for administrative
purposes.
(b) The governor shall appoint a director of the office
of information practices to be its chief executive officer and who
shall be exempt from chapter 76.
(c) All powers and duties of the office of information
practices are vested in the director and may be delegated to any
other officer or employee of the office.
(d) The director may employ such other personnel as
are necessary, including but not limited to attorneys and clerical
staff without regard to chapter 76. [L 1988, c 262, pt of §1;
am L 1989, c 192, §9; am L 1998, c 137, §4; am L 2000,
c 253, §150 ]
§92F-42
Powers and duties of the office of information practices.
The director of the office of information practices:
(1) Shall, upon request, review and rule on an agency
denial of access to information or records, or an agency's granting
of access; provided that any review by the office of information
practices shall not be a contested case under chapter 91 and shall
be optional and without prejudice to rights of judicial enforcement
available under this chapter;
(2) Upon request by an agency, shall provide and
make public advisory guidelines, opinions, or other information
concerning that agency's functions and responsibilities;
(3) Upon request by any person, may provide advisory
opinions or other information regarding that person's rights and
the functions and responsibilities of agencies under this chapter;
(4) May conduct inquiries regarding compliance by
an agency and investigate possible violations by any agency;
(5) May examine the records of any agency for the
purpose of paragraph (4) and seek to enforce that power in the
courts of this State;
(6) May recommend disciplinary action to appropriate
officers of an agency;
(7) Shall report annually to the governor and the
state legislature on the activities and findings of the office
of information practices, including recommendations for legislative
changes;
(8) Shall receive complaints from and actively solicit
the comments of the public regarding the implementation of this
chapter;
(9) Shall review the official acts, records, policies,
and procedures of each agency;
(10) Shall assist agencies in complying with the
provisions of this chapter;
(11) Shall inform the public of the following rights
of an individual and the procedures for exercising them:
(A) The right of access to records pertaining
to the individual;
(B) The right to obtain a copy of records pertaining
to the individual;
(C) The right to know the purposes for which
records pertaining to the individual are kept;
(D) The right to be informed of the uses and
disclosures of records pertaining to the individual;
(E) The right to correct or amend records pertaining
to the individual; and
(F) The individual's right to place a statement
in a record pertaining to that individual;
(12) Shall adopt rules that set forth an administrative
appeals structure which provides for:
(A) Agency procedures for processing records requests;
(B) A direct appeal from the division maintaining
the record; and
(C) Time limits for action by agencies;
(13) Shall adopt rules that set forth the fees and
other charges that may be imposed for searching, reviewing, or
segregating disclosable records, as well as to provide for a waiver
of such fees when the public interest would be served;
(14) Shall adopt rules which set forth uniform standards
for the records collection practices of agencies;
(15) Shall adopt rules that set forth uniform standards
for disclosure of records for research purposes;
(16) Shall have standing to appear in cases where
the provisions of this chapter are called into question;
(17) Shall adopt, amend, or repeal rules pursuant
to chapter 91 necessary for the purposes of this chapter; and
(18) Shall take action to oversee compliance with
Part I of chapter 92 by all state and county boards including:
(A) Receiving and resolving complaints;
(B) Advising all government boards and the public
about compliance with chapter 92; and
(C) Reporting each year to the legislature on
all complaints received pursuant to section 92-1.5. [L 1988,
c 262, pt of §1; am L 1989, c 192, §10; am L 1998,
c 137, §5]
§92F-43
Agency appeal of a decision by the office of information
practices. (a) An agency may not appeal a decision by the
office of information practices made under this chapter or part
I of chapter 92, except as provided in this section. Within thirty
days of the date of the decision, an agency may seek judicial review
of a final decision rendered by the office of information practices
under this chapter or part I of chapter 92, by filing a complaint
to initiate a special proceeding in the circuit court of the judicial
circuit in the State where:
(1) The request for access to a record was made;
(2) The act the office determined was prohibited under part
I of chapter 92 occurred; or
(3) The agency's principal place of business is located.
(b) The agency shall give notice of the complaint
to the office of information practices and the person who requested
the decision for which the agency seeks judicial review by serving
a copy of the complaint on each; provided that the office of information
practices and the person who requested the decision shall not be
required to participate in the proceeding; and provided further
that the court shall proceed to review the decision pursuant to
the rules applicable to a special proceeding, upon the expiration
of time that an answer to the complaint would otherwise need to
be filed under the rules of court by the office of information practices
or the person upon whom the complaint was served. The office of
information practices or the person who requested the decision may
intervene in the proceeding.
(c) Within thirty days of service of the complaint,
the office of information practices shall file a certified copy
of the record that it compiled to make its decision in the circuit
court and mail a copy of the index to that record to the appealing
agency. The circuit court's review shall be limited to the record
that was before the office of information practices when it rendered
the decision, unless the circuit court finds that extraordinary
circumstances justify discovery and admission of additional evidence.
The circuit court shall uphold a decision of the office of information
practices, unless the circuit court concludes that the decision
was palpably erroneous. [L 2012, c 176, §1]
|
