93-05Posted on Jun 7, 1993 in Formal Opinions
Opinion Letter No. 93-05
June 7, 1993
List of Paramedic 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 State must publicly disclose, as government purchasing information, a list of paramedic applicants submitted by Mercy Ambulance Service Hawaii Inc. (Mercy) of Maui. Mercy, now in the third step of the 3-step bidding process, was the lowest bidder in an Invitation for Bid to provide ambulance services for the County of Maui. Mercy’s failure to submit the list to the State would result in the automatic rejection of its bid.
The OIP found that while the names of individuals who had applied for employment with Mercy may have a significant privacy interest in this fact, the public interest in disclosure of the list outweighs the privacy interest of the affected individuals. The OIP reasoned that the public has a strong interest in assuring that the winning bidder possess qualified professional personnel. The OIP also found that disclosure of the list would not increase the cost of government procurements nor disqualify the low bidder.