92-08Posted on Jul 16, 1992 in Formal Opinions
Opinion Letter No. 92-08
July 16, 1992
Veterans’ Personal Data
[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.]
State agencies may not disclose to the U.S. Department of Veterans Affairs (VA) the name, ethnicity, and home address of each veteran who resides in the State because the disclosure of this information would constitute a “clearly unwarranted invasion of personal privacy” under the UIPA. Further, the inter-agency disclosure of this confidential information to the VA is not authorized by section 92F-19, Hawaii Revised Statutes, which permits disclosure of protected information to federal government agencies only under limited circumstances. In contrast, the OIP concluded that State and county agencies may disclose this information to the State Office of Veterans Services (OVS) under section 92F-19(a)(3), Hawaii Revised Statutes, because such disclosure is reasonably proper for the performance of the OVS’ express statutory duties.