91-28Posted on Dec 13, 1991 in Formal Opinions
Opinion Letter No. 91-28
December 13, 1991
Civil Service Applications of Unsuccessful Applicants
[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 Department of Personnel Services (DPS) is permitted to disclose the civil service applications of unsuccessful applicants to other State government agencies seeking temporary or emergency hires for the same or a related civil service class. The OIP previously concluded that the unsuccessful applicants’ applications are confidential under the UIPA’s “clearly unwarranted invasion of privacy” and “frustration of a legitimate government function” exceptions.
However, the disclosure of these applications to other State agencies seeking temporary or emergency hires in the same or related class fulfills several conditions for inter-agency disclosure under section 92F-19(a), Hawaii Revised Statutes. Specifically, the disclosure of these applications to other agencies for this purpose would be compatible with the purpose for which the information was collected or obtained, consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided, and reasonably proper for the performance of the requesting agency’s duties and functions. In contrast, section 92F-19(a), Hawaii Revised Statutes, does not permit the DPS to disclose unsuccessful applicants’ civil service exam scores to other agencies.