Posted on May 8, 1995 in Formal Opinions

Opinion Letter No. 95-12
May 8, 1995
Names and Qualifications of Unpaid Consultants

The Department of Human Resources Development should disclose names and qualifications of consultants who assist the agency in reviewing job applications for civil services positions, even though said consultants are unpaid. The clearly unwarranted invasion of personal privacy exception to disclosure under the UIPA does not apply to a consultant’s name, educational background, previous employment, and present government employment, because section 92F-12(a)(14), Hawaii Revised Statutes, makes that information public.

In addition, section 92F-12(a)(10), Hawaii Revised Statutes, provides that if the consultants had been compensated and working under contract with the State, the contract itself, the amount of compensation, duration, and objectives of the contract would be public. Public disclosure of a consultant’s employment history (including non-governmental employment) that is relevant to current consulting work for the State is necessary to show qualifications, and outweighs personal privacy interests therein.

The UIPA exception to disclosure to prevent the frustration of a legitimate government does not apply here because disclosure does not violate the deliberative process privilege as the records contain only the names and qualifications of the consultants, and not the process used to select them.

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