94-06Posted on Apr 28, 1994 in Formal Opinions
Opinion Letter No. 94-06
April 28, 1994
Former Governors’ Records Public
[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.]
Under the UIPA, former governors’ records sent to State Archives must be made available for public inspection and copying upon request, even though in the past they have been subject to a ten-year restriction under a pre-statehood policy adopted by the Board of Commissioners of Public Archives. Information protected by the UIPA’s personal privacy exception and frustration of a legitimate government function exception may be segregated before the records are disclosed; however, once the ten-year restriction has expired, the records must be made public in their entirety.