92-18
Posted on Sep 16, 1992 in Formal OpinionsOpinion Letter No. 92-18
September 16, 1992
Information on Certified Pesticide Users
[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 State Department of Agriculture must make available for public inspection and copying the following information about an individual certified to use restricted pesticides: name, business address (even if it is also the applicator’s home address), category of pesticide use in which the individual is certified, and status of certification. The disclosure of this information would not constitute a clearly unwarranted invasion of privacy, nor does it fall within any other UIPA exception to required agency disclosure. However, a certified applicator’s home address that is not used as a business address, exam score, or continuing education classes taken for certification renewal must be kept confidential under the UIPA’s “clearly unwarranted invasion of personal privacy” exception.