Office of Information Practices

U Memo 25-16
March 21, 2025
Records Related to an Ongoing Criminal Investigation

Requester sought copies of records related to a murder investigation from the Maui Police Department (MPD).  MPD denied the record request, arguing that disclosure would lead to a clearly unwarranted invasion of personal privacy of witnesses and third parties, and frustration of a legitimate government function.  Requester appealed the denial of his record request to OIP.

OIP found that the responsive records consist of information of a type that OIP has previously recognized as likely to disrupt the progress of an ongoing investigation.  OIP also found that MPD provided evidence that the criminal investigation the records relate to is still ongoing.  Therefore, OIP concluded that MPD could withhold the records under section 92F-13(3), Hawaii Revised Statutes (HRS), as their disclosure would likely frustrate a legitimate government function.

OIP also found that the responsive records contain personal information of witnesses and third parties, and the records are identifiable as part of an investigation into a possible violation of criminal law.  OIP found that the significant privacy interests of the witnesses and third parties named in the police report outweighed public interest in disclosure and concluded that MPD could also withhold identifying information about witnesses and third parties under section 92F-13(1), HRS, to prevent a clearly unwarranted invasion of personal privacy.