92-14
Posted on Aug 13, 1992 in Formal OpinionsOpinion Letter No. 92-14
August 13, 1992
Personal Injury Claim Reports
The State Department of Accounting and General Services (DAGS) is not required to publicly disclose two reports concerning a claim filed with the DAGS alleging personal injury caused by the State. Specifically, the OIP found that the DAGS’ “Report on Claim Against the State” and the State Department of Education’s report about the claim were protected by the attorney work-product doctrine, because these reports were “prepared in anticipation of litigation.”
Thus, the OIP found that these records fell within the scope of the UIPA exception to required disclosure for records “to the extent that such records would not be discoverable” and the exception for records that must be kept confidential in order to avoid the “frustration of a legitimate government function.” Although these reports would constitute “personal records” of the claimant, they are not required to be disclosed to the individual to whom they pertain under section 92F-22(5), Hawaii Revised Statutes, because they are “authorized to be so withheld by constitutional or statutory privilege.”