U Memo 18-11

Posted on Jun 28, 2018 in Informal Opinions - UIPA Opinions

U Memo 18-11
June 28, 2018
Background Investigation Materials

Requester sought a decision as to whether the Department of Public Safety (PSD) properly denied under Part III of the UIPA his request for his background investigation materials obtained in the course of his employment application.

OIP concluded that nearly all of the records sought in this case must be disclosed to Requester because they are considered personal records “about” Requester under Part III of the UIPA, and are not exempt from disclosure under sections 92F-22(3) or 92F-28(2), Hawaii Revised Statutes (HRS).  With respect to the records retrieved from the Federal Bureau of Investigation’s (FBI) identification records database, if PSD can show that the FBI records were provided to PSD only on the condition that the information remains confidential and that it would lose access to FBI assistance if the FBI information is disclosed to Requester, then PSD may withhold them under section 92F-4, HRS.

As to the information in the records that were not “about” Requester, OIP examined this information under Part II of the UIPA relating to government records.  OIP found that, while the job titles and general business contact information of government employees were required to be disclosed under section 92F-12(a)(14), HRS, individuals’ direct business contact information may be withheld from disclosure under the Part II frustration exception set forth in section 92F-13(3), HRS.

With regard to any remaining issues, PSD provided only statutory citations, but no legal or factual arguments, to justify nondisclosure, and consequently, OIP concluded that PSD had not met its burden of proof under section 92F-15(c), HRS.