OIP Issues Personal Records OpinionPosted on Apr 12, 2013 in What's New
The state Office of Information Practices (OIP) issued a new formal opinion as well as a new Quick Review, which explain the analytical framework to identify and respond to personal records requests made under Part III of the UIPA. OIP Op. Ltr. No. F13-01 and Quick Review: Responding to a Personal Record Request can also be found on the Laws, Rules, Opinions page of OIP’s website at hawaii.gov/oip.
While Part II of the Uniform Information Practices Act (UIPA) governs the general public’s right of access to government records, Part III provides individuals with different and broader rights to access and to seek correction of personal records about themselves. For an agency’s knowing or intentional violation of Part III, the UIPA requires a court to impose court costs and $1,000 or more in actual damages. Additionally, a court may award reasonable attorney fees and litigation costs against an agency if the complainant substantially prevails, or against the complainant who brings frivolous charges under Part III. Consequently, agencies and their counsel are urged to review OIP’s new materials as soon as possible to understand how to promptly identify and respond to Part III personal record requests.
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