Posted on Jul 30, 2002 in Formal Opinions

Opinion Letter No. 02-05
July 30, 2002
Agency Maintenance of Records Submitted by Private Entity

An individual asked the OIP whether an agency subject to the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“UIPA”), may maintain information about an individual that is generated and submitted by a private entity.

The question applies to the policy of the Department of Public Safety (“PSD”) of incarcerating Hawaii inmates in private mainland prisons. These mainland prisons are alleged to provide the PSD with disciplinary infractions or other detrimental information.

The OIP opined that an agency may maintain such information. The UIPA does not impose affirmative obligations on agencies to maintain records. Collection and maintenance of records may be governed by laws outside the UIPA and by the agencies’ policies.

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