95-19Posted on Aug 1, 1995 in Formal Opinions
Opinion Letter No. 95-19
August 1, 1995
Complainant May Review Maui Police Commission’s Investigative Report
An individual who filed a complaint with the Maui Police Commission, alleging that a Maui Police Department officer treated her rudely, must be permitted to review the police commission’s investigative report.
The OIP found that disclosure of the investigative report (which had been disclosed to the police officer) was governed by part III of the UIPA, which permits individuals to review their own personal records. The OIP found this record to be the personal record for both complainant and the police officer. Therefore, because no disclosure exceptions existed under the UIPA (section 92F-22, Hawaii Revised Statutes), the complainant must be allowed to inspect and copy the record.
Although UIPA part III (section 92F-22(2), Hawaii Revised Statutes), does not require an agency to disclose information in a personal record which might identify a source who provided information under an express or implied promise of confidentiality, the OIP found insufficient evidence to suggest that any person provided information in this investigation under an expressed or implied promise of confidentiality.