Office of Information Practices

Opinion Letter No. 10-02
August 16, 2010
Form of Record; Limitations on Employer Actions

[Please note that opinions discussing the deliberative process privilege have been materially affected by the Hawaii Supreme Court’s majority opinion in Peer News LLC v. City and County of Honolulu, 143 Haw. 472 (Dec. 21, 2018).]

Requester asked OIP whether the University of Hawaii properly denied Requester’s request for all UH faculty names and e-mail addresses (faculty e-mail list) in electronic form, and whether statements made by UH concerning his use of the record it disclosed violate the UIPA.

OIP found that UH is not required to compile the faculty e-mail list if it is not “readily retrievable.” Further, UH need not provide access to information in an electronic form if information in that form is protected under a UIPA exception to disclosure and cannot be segregated.

OIP also found that UH is not prohibited from limiting its employees’ use of information obtained under a UIPA request because the UIPA does not provide an affirmative right to use such information without repercussion. Thus, UH’s notice to Requester that its internal policy prohibited use of its electronic mail system by its employees in the manner intended by Requester did not violate the UIPA.

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