90-08

Posted on Feb 12, 1990 in Formal Opinions

Opinion Letter No. 90-08
February 12, 1990
Intra-agency Memoranda and Staff Notes

[OIP Op. Ltr. No. 05-03 partially overrules this opinion to the extent that it states or implies that the UIPA’s privacy exception in section 92F-13(1), HRS, either prohibits public disclosure or mandates confidentiality.]

Under the UIPA, an agency is not required to disclose inter-agency and intra-agency memoranda, or employee notes, if they fall within the protection of the “deliberative process privilege.” This privilege applies to records prepared before a final agency decision, which express opinions, recommendations, or evaluations on issues of agency policy or law. This privilege does not protect purely factual information contained in such memoranda.

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