04-13

Posted on Aug 23, 2004 in Formal Opinions

Opinion Letter No. 04-13
August 23, 2004
Payroll Clearance Fund Escheated Warrants Report

[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.]

The Department of Accounting and General Services (“DAGS”) should disclose Payroll Clearance Fund Escheated Warrants Reports for present and former state employees not involved in undercover law enforcement capacities because disclosure would not constitute an unwarranted invasion into the personal privacy of these employees.

The names of present or former employees engaged in undercover law enforcement capacities should be redacted from the reports because these employees’ significant privacy interest, recognized by statute, in information that identifies them as government employees clearly outweighs the public interest in disclosure.

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