U Memo 14-9

Posted on Apr 30, 2014 in Informal Opinions - UIPA Opinions

U Memo 14-9
April 30, 2014
Fingerprint Database

Requester sought a decision as to whether the Department of Transportation (DOT) properly denied access to its fingerprint database under Part II of the UIPA.

OIP found that the fingerprint database is part of the statewide traffic records system. OIP previously opined that any request for individually identifiable information from the statewide traffic records system should be made in writing to the Director of Transportation for a determination of whether a request is “legitimate,” within the meaning of section 92F-12(b)(6), HRS, or section 19-121-6, HAR, and that this determination lies with the Director of Transportation, not OIP.  OIP Op. Ltr. No. 91-13 at 9.  Requester submitted multiple requests to DOT for access to the fingerprint database.  DOT denied each request.  OIP declined to revisit this issue, as it is solely within DOT’s power to determine who may access information in the statewide traffic records system.

Requester later amended his request, stating that he no longer sought access to the fingerprint database, and indicating that he would instead obtain individuals’ fingerprints and personal information from their healthcare providers who contract with Requester’s company. Requester would then ask DOT to verify the identity of the individuals using its database. A request that DOT verify an identity of an individual using a fingerprint submitted to it by Requester is not a request for a government record that would trigger the UIPA.