U Memo 16-3Posted on Feb 2, 2016 in Informal Opinions - UIPA Opinions
U Memo 16-3
February 2, 2016
Personal Records/No Copies
Requester sought a decision as to whether the University of Hawaii’s Office of Judicial Affairs (UH-JA) properly denied, under Part III of the UIPA, his request for a copy of his personal records that UH-JA maintained about him.
OIP found that UH-JA is subject to the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g and 34 CFR Part 99, which, if not complied with, would put UH’s federal funding in jeopardy. But as FERPA does not prohibit UH-JA from providing Requester with a copy of Requester’s “education record,” OIP concluded that the UIPA requires UH-JA to provide Requester with access to the education records requested and provide a copy of those records.
OIP also found that some records that Requester sought were joint education records of Requester and another student under the UIPA, which are considered joint personal records under Part II of the UIPA and may be disclosable using the analysis explained in OIP Opinion Letter Number F13-01. Under FERPA, however, personally identifiable information about another student may not be disclosed and thus, OIP concluded that the other student’s personally identifiable information was properly withheld from disclosure. Requester’s own personally identifiable information in the form of his social security number, date of birth, and age should not be redacted from the records provided to Requester.