Openline November-December 1999
Posted on Dec 1, 1999 in NewsletterRecent OIP Opinions: Building Permit Information; Seniors Mailing List; Identities of
Complainants to DOH; Identities of Complainants to DLNR Harbor Staff
Open Meetings Law Online
OIP Staff Update
Outstanding Caseload With OIP
Need Some Quick Answers?
Recent OIP Opinions
Building Permit Information
The OIP was asked to revisit the advice set forth in OIP Opinion Letter Number 90-20. Opinion Letter 90-20 opined that section 92F-12(a)(11), Hawaii Revised Statutes, which mandates disclosure of “building permit information,” includes information submitted to a government agency both before and after the issuance of a building permit.
Since the issuance of that opinion, government agencies have received complaints about disclosure of certain building permit information, such as building plans. Some individuals feel that building plans can be used to obtain access to a home to commit a crime, or can be used to build an identical home. The OIP reaffirmed its prior opinion, noting that there has been no change in the UIPA and no Hawaii case law that would affect its prior opinion.
Agencies cannot condition disclosure of building permit information on prior approval of the homeowner or of the architect who drafted the building plans. The OIP also opined that “access” under the UIPA includes inspection and copying, and that agencies must permit both upon request.
Finally, because some building plans have been copyrighted, we advised that agencies contact their Deputy Attorney General or Deputy Corporation Counsel when they receive requests for copyrighted information, because the OIP does not have jurisdiction to advise on copyright issues. [OIP Op. Ltr. No. 99-5, Oct. 19, 1999]
Seniors Mailing List
A member of the public asked the County of Kauai Office of Elderly Affairs (“OEA”) for a copy of the names and addresses in its database. This information is collected by the OEA for, among other things, planning services and programs, statistical record-keeping, complying with reporting requirements to State and federal agencies, and identifying seniors who may benefit from services offered. The database does not differentiate between business and home addresses, it merely collects whatever address was supplied by each senior.
The OIP opined that home addresses need not be disclosed because disclosure would constitute a clearly unwarranted invasion of personal privacy. Disclosure of the addresses would not shed light on the workings of government.
The OIP also opined that in cases where it cannot be determined whether a particular address is a business or home address, the address need not be disclosed.
In addition, post office box numbers need not be disclosed because if the box is being used for business purposes, the United States Postal Service will disclose the name and address of the registered user of the box. This could lead to the discovery of an individual’s home address. [OIP Op. Ltr. No. 99-6, Oct. 25, 1999]
Identities of Complainants to DOH
The Department of Health (“DOH”) often receives complaints from members of the public on possible civil law violations. The DOH received a request for records that would disclose the identity of a person who reported an alleged food labeling violation.
The DOH asserted that if it must make identities of informants public, its ability to investigate alleged violations of the law will be chilled because informants have expressed concerns about disclosure of their identities due to fear of retaliation.
The OIP found that the identities of these informants may be withheld from public disclosure because disclosure would likely cause the frustration of the DOH’s legitimate government function of enforcing civil laws under section 92F-13(3), Hawaii Revised Statutes. This may include redaction of information in addition to a person’s name, if it would lead to the identification of the individual. [OIP Op. Ltr. No. 99-7, Nov. 23, 1999]
Identities of Complainants to DLNR Harbor Staff
The Department of Land and Natural Resources (“DLNR”) harbor staff often receives complaints from members of the public about individuals living on board vessels without proper permits, which is a civil law violation. The DLNR asserted that if it must make identities of informants public, its ability to investigate alleged violations of the law will be chilled. Informants have expressed concerns about disclosure of their identities due to fear of retaliation.
The OIP found that the identities of these informants may be withheld from public disclosure because disclosure would likely cause the frustration of DLNR’s legitimate government function of enforcing civil laws under section 92F-13(3), Hawaii Revised Statutes. [OIP Op. Ltr. No. 99-8, Nov. 29, 1999]
Open Meetings Law Online
The State of Hawaii’s Open Meetings Law, found in Chapter 92, Hawaii Revised Statutes, is now available on the OIP’s web site, at www.state.hi.us/oip. Often referred to as the “sunshine law,” the law covers “Meetings” (Part I of Chapter 92) and “Boards: Quorum; General Powers” (Part II).
Act 137, which took effect July 1, 1998, gave the Office of Information Practices jurisdiction regarding Part I of Chapter 92. Because Part II is also part of the sunshine law, the OIP’s web site includes the text of Part II as well.
Chapter 92 includes sections on, among other things, open meetings, permitted interactions of members, limited meetings, meeting by videoconference, executive meetings, emergency meetings, notice, minutes, enforcement, and penalties.
The unofficial text of Chapter 92, Parts I and II, as it appears on the OIP site, features links to each of the sections. It also incorporates text of the 1998 Cumulative Supplement of the Hawaii Revised Statutes. Official text of Chapter 92 can be found in the Hawaii Revised Statutes and its supplements.
OIP Staff Update
The Office of Information Practices bids a fond farewell to Nancy Henderson. Nancy, who has served admirably this past year as Secretary to the Director, is sailing into the exciting waters of the private sector. We were fortunate to have Nancy with us. We will miss her calm and positive approach, her organizational skills, and her caring personality. Everyone at the OIP wishes Nancy the best always and many happy returns to visit the office (and bring cookies).
We also extend our warmest aloha to volunteer student intern Lisa Asato. Lisa has completed her stay at the OIP this semester as part of her journalism studies at the University of Hawaii. We expect to hear great things from Lisa in the near future. Lisa, thank you for your valuable research on privacy issues.
The office welcomes Lorena Leigh, the new Secretary to the Director. Lorena, a graduate of Waipahu High School (go Marauders!), received the Associate of Science degree in the legal assistant program at Kapi’olani Community College. Lorena has a daughter about to enter college. Lorena claims she does not lead an exciting life but does read exciting books, specializing in legal and medical thrillers. She also knows the way to Disneyland and Las Vegas. Welcome, Lorena!
Outstanding Caseload With OIP
Telephone inquiries to the OIP have decreased over the past years, reflecting a wider understanding of the Uniform Information Practices Act (Modified) (“UIPA”). However, the number of outstanding written requests for assistance to the OIP continues to hover at about 220 per year. Currently, the OIP has been asked to provide opinions and assistance on 153 issues involving State agencies and 60 questions involving county agencies.
Need Some Quick Answers?
Looking for quick answers under the rainbow? The OIP’s web site has some. Next time you’re online take a look at www.state.hi.us/oip. In the Contents bar at the left of the screen click on “Guidance.” We don’t claim to have all the answers, but we do have some of them, and now you know where to look.