02-04Posted on Jun 26, 2002 in Formal Opinions
Opinion Letter No. 02-04
June 26, 2002
Reports Under Section 8-14.2, Revised Ordinances of Honolulu
[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 City and County of Honolulu (“City”) must make some information about real property interests held or acquired by foreign persons public. Section 8-14.2, Revised Ordinances of Honolulu (“Section 8-14.2”) mandates that foreign property owners report certain information to the City. The City, in turns, reports this information in aggregate form to the City Council.
Some of the information required to be reported under Section 8-14.2 is also contained in other records that are required to be disclosed under section 92F-12(a)(5), Hawaii Revised Statutes, or that are otherwise public. The City should disclose otherwise public information upon request as disclosure would not be a clearly unwarranted invasion of personal privacy. This includes names and addresses of real property owners, assessed value of real property, and consideration paid.
Disclosure of citizenship information concerning foreign individuals, or natural persons, is a clearly unwarranted invasion of personal privacy under section 92F-13(1), Hawaii Revised Statutes, however, disclosure of citizenship information about non-natural persons is not, as only individuals have privacy interests.
Names and addresses of officers and directors of foreign corporations, and of partners in foreign limited partnerships, that are publicly available in annual reports filed with the Department of Commerce and Consumer Affairs (“DCCA”) must be made public by the City, as disclosure would not be a clearly unwarranted invasion of personal privacy.
Disclosure of names of shareholders of foreign corporations, and trustees and beneficiaries of foreign trusts that own real property is not a clearly unwarranted invasion of personal privacy if that information is already in the public domain. This may need to be determined on a case by case inquiry. Home addresses of shareholders of foreign corporations and of trustees of foreign trusts that own real property that are not in the public domain should not be disclosed. Business addresses may be disclosed.