Posted on Oct 21, 1993 in Formal Opinions

Opinion Letter No. 93-19
October 21, 1993
State Enforcement Plan Public

[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).]

[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 Transportation’s (DOT) State Enforcement Plan, which describes how the DOT will spend federal grant monies to enforce motor carrier safety and hazardous material safety regulations in the State, must be made available for public inspection and copying upon request. However, before public disclosure, the DOT must segregate all information that would reveal the exact compensation of identifiable employees covered by chapters 76, 77, 297, or bargaining unit (8), because disclosure would constitute a “clearly unwarranted invasion of personal privacy.”

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