Office of Information Practices

U Memo 26-06
November 21, 2025
Actual Knowledge That a Receipt is Not a Government Record

Requester sought a copy of a store receipt that was held by a government employee in his personal capacity.  The UIPA requires that all government records are public unless access is restricted or closed by law.  A government record is defined as “information maintained by an agency in written, auditory, visual, electronic, or other physical form.”  HRS § 92F-3 (2012).  However, an agency’s disclosure obligation applies only to those records it actually maintains; it is not required to provide records that it does not maintain.  OIP found that agency staff had actual knowledge that the agency did not maintain a responsive government record.  OIP therefore concluded that the agency was not required to conduct a search for responsive records.  OIP further concluded that the agency‘s response that it does not maintain records responsive to the record request was proper, and the agency had no further obligations under the UIPA regarding this request.