U Memo 21-3Posted on Oct 21, 2020 in Informal Opinions - UIPA Opinions
U Memo 21-3
October 21, 2020
Insurance Commissioner Records
Requester sought a decision as to whether the Department of Commerce and Consumer Affairs (DCCA) Insurance Division (DCCA-INS) properly denied her requests for a copy of records referenced in a letter to the requester from DCCA-INS under the Uniform Information Practices Act (Modified), chapter 92F, HRS (UIPA).
The Insurance Code, chapter 431, HRS (Insurance Code), includes a confidentiality provision at section 431:2-209(e), HRS, that protects certain DCCA-INS records from disclosure for so long as the Insurance Commissioner deems prudent. Procedurally, although the responses to the requester’s two record requests did cite to section 431:2 209, HRS, they should also have cited to the applicable UIPA sections allowing DCCA-INS to deny access based on the Insurance Code provision. Sections 92F-13(4) and 92F22(5), HRS, allow agencies to withhold records that are subject to a confidentiality statute, whether they are government records subject to Part II of the UIPA or personal records subject to Part III. OIP found that under sections 92F-13(4) and 92F-22(5), HRS, DCCA-INS could withhold the records entirely rather than disclosing a redacted copy because the records as a whole are protected by the confidentiality statute at section 241:2-209(e), HRS.