Three Informal Opinions Issued

Posted on Jun 22, 2016 in Featured, What's New

The state Office of Information Practices (OIP) has posted summaries of three recent informal opinions relating to the Uniform Information Practices Act (UIPA), which are posted on the UIPA informal opinions page of OIP’s website.

In U Memo 16-4, OIP concluded that the Department of Health (DOH) timely responded to a records request by conducting a reasonable search and disclosing letters that it maintained.  As the Director’s personal calendar and telephone message slips were not maintained by the DOH, they were not “government records” subject to disclosure under the UIPA.  Moreover, President Obama’s birth certificate was properly withheld from disclosure under section 338-18, HRS.

In U Memo 16-5, OIP concluded that Alii Health Center, LLC (AHC) is not an agency subject to the UIPA, based on the Hawaii Supreme Court’s analytical framework established in Olelo:  The Corporation for Community Television v. Office of Informational Practices, 116 Haw. 337, 173 P.3d 484 (Haw. 2007).

Finally, in U Memo 16-6, OIP advised that e-mails maintained by agencies are “government records” under Part II and that e-mails containing information “about” an individual are “personal records” under Part III of the UIPA.  Both types of records are subject to disclosure, unless an exception applies, and copying charges may be imposed.  Search, review, and segregation fees may also be charged for government record requests.

For the latest open government news, check for archived copies of What’s New articles that are posted here, or e-mailed upon request. To be added to OIP’s e-mail list, please e-mail oip@hawaii.gov.  Also, if you would like to receive What’s New articles or attachments in a Word format, please contact OIP at (808) 586-1400 or oip@hawaii.gov.