99-03Posted on Jun 1, 1999 in Formal Opinions
Opinion Letter No. 99-03
June 1, 1999
DLNR Vessel Registration Application Forms
[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.]
Department of Land and Natural Resources (DLNR) vessel registration application forms are public after segregation of information which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy. This includes home addresses, and telephone numbers, and dates of birth of registration applicants. For applications that have been granted, citizenship status of applicants should also be segregated. For applications that have been denied or are pending, names of applicants should be segregated.
Agencies cannot compel record requesters to make requests in writing; however, the OIP’s new administrative rules require that formal record requests be in writing. Agencies cannot require record requesters to answer certain questions prior to disclosure, such as how the information will be used. Finally, if both paper and electronic copies are maintained as government records, the agency should disclose the record in the form requested.