The Uniform Information Practices Act (Modified), chapter 92F, Hawaii
Revised Statutes ("UIPA"), is Hawaii's public records
law. The Office of Information Practices ("OIP") was created
by the Legislature in 1988 to administer the UIPA.
To view or print this guide to the UIPA, click on the title
below:
This is an up-to-date,
but "unofficial," copy of the Uniform Information Practices
Act (Modified), Chapter 92F, Hawaii Revised Statutes ("UIPA").
Text of the 2007 Cumulative Supplement of the Hawaii
Revised Statutes has been incorporated and noted in this copy. Official
text of the UIPA can be found in the Hawaii Revised Statutes and
its supplements.
Hawaii Revised Statutes
CHAPTER 92F
UNIFORM INFORMATION PRACTICES ACT (MODIFIED)
PART I. GENERAL PROVISIONS AND DEFINITIONS
SECTION
92F-1 SHORT TITLE
92F-2 PURPOSES; RULES OF CONSTRUCTION
92F-3 GENERAL DEFINITIONS
92F-4 FUNDING, SERVICES, AND OTHER FEDERAL ASSISTANCE
PART II. FREEDOM OF INFORMATION
92F-11 AFFIRMATIVE AGENCY DISCLOSURE
RESPONSIBILITIES
92F-12 DISCLOSURE REQUIRED
92F-13 GOVERNMENT RECORDS; EXCEPTIONS TO GENERAL
RULE
92F-14 SIGNIFICANT PRIVACY INTERESTS; EXAMPLES
92F-15 JUDICIAL ENFORCEMENT
92F-15.3 NOTICE TO THE OFFICE OF INFORMATION PRACTICES
92F-15.5 ALTERNATIVE METHOD TO APPEAL A DENIAL
OF ACCESS
92F-16 IMMUNITY FROM LIABILITY
92F-17 CRIMINAL PENALTIES
92F-18 AGENCY IMPLEMENTATION
92F-19 LIMITATIONS ON DISCLOSURE OF GOVERNMENT
RECORDS TO OTHER AGENCIES
PART III. DISCLOSURE OF PERSONAL
RECORDS
92F-21 INDIVIDUAL’S ACCESS
TO OWN PERSONAL RECORD
92F-21.5 REPEALED
92F-22 EXEMPTIONS AND LIMITATIONS ON INDIVIDUAL
ACCESS
92F-23 ACCESS TO PERSONAL RECORD; INITIAL PROCEDURE
92F-24 RIGHT TO CORRECT PERSONAL RECORD; INITIAL
PROCEDURE
92F-25 CORRECTION AND AMENDMENT; REVIEW PROCEDURES
92F-26 RULES
92F-27 CIVIL ACTIONS AND REMEDIES
92F-27.5 ALTERNATIVE METHOD TO APPEAL A DENIAL
OF ACCESS
92F-28 ACCESS TO PERSONAL RECORDS BY ORDER IN JUDICIAL
OR ADMINISTRATIVE PROCEEDINGS; ACCESS AS AUTHORIZED OR REQUIRED
BY OTHER LAW
PART IV. OFFICE OF INFORMATION PRACTICES;
DUTIES
92F-41 OFFICE OF INFORMATION PRACTICES;
ESTABLISHED
92F-42 POWERS AND DUTIES OF THE OFFICE OF INFORMATION
PRACTICES
PART 1. GENERAL PROVISIONS
AND DEFINITIONS
[§92F-1]
Short title. This chapter shall be known and may be cited
as the Uniform Information Practices Act (Modified). [L 1988, c
262, pt of §1]
[§92F-2]
Purposes; rules of construction. In a democracy, the people
are vested with the ultimate decision-making power. Government agencies
exist to aid the people in the formation and conduct of public policy.
Opening up the government processes to public scrutiny and participation
is the only viable and reasonable method of protecting the public's
interest. Therefore the legislature declares that it is the policy
of this State that the formation and conduct of public policy—the
discussions, deliberations, decisions, and action of government
agencies—shall be conducted as openly as possible.
The policy of conducting government business as openly
as possible must be tempered by a recognition of the right of the
people to privacy, as embodied in section 6 and section 7 of Article
I of the Constitution of the State of Hawaii.
This chapter shall be applied and construed to promote
its underlying purposes and policies, which are to:
(1) Promote the public interest in disclosure;
(2) Provide for accurate, relevant, timely, and complete
government records;
(3) Enhance governmental accountability through a
general policy of access to government records;
(4) Make government accountable to individuals in
the collection, use, and dissemination of information relating to
them; and
(5) Balance the individual privacy interest and the
public access interest, allowing access unless it would constitute
a clearly unwarranted invasion of personal privacy. [L 1988, c 262,
pt of §1]
[§92F-3]
General definitions. Unless the context otherwise requires,
in this chapter:
"Agency" means any unit of government in
this State, any county, or any combination of counties; department;
institution; board; commission; district; council; bureau; office;
governing authority; other instrumentality of state or county government;
or corporation or other establishment owned, operated, or managed
by or on behalf of this State or any county, but does not include
the nonadministrative functions of the courts of this State.
"Government record" means information maintained
by an agency in written, auditory, visual, electronic, or other
physical form.
"Individual" means a natural person.
"Person" means an individual, corporation,
government, or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or any other legal entity.
"Personal record" means any item, collection,
or grouping of information about an individual that is maintained
by an agency. It includes, but is not limited to, the individual's
education, financial, medical, or employment history, or items that
contain or make reference to the individual's name, identifying
number, symbol, or other identifying particular assigned to the
individual, such as a finger or voice print or a photograph. [L
1988, c 262, pt of §1]
[§92F-4]
Funding, services, and other federal assistance. Where compliance
with any provision of this chapter would cause an agency to lose
or be denied funding, services, or other assistance from the federal
government, compliance with that provision shall be waived but only
to the extent necessary to protect eligibility for federal funding,
services, or other assistance. [L 1992, c 118, §1]
PART II. FREEDOM OF INFORMATION
[§92F-11]
Affirmative agency disclosure responsibilities. (a) All government
records are open to public inspection unless access is restricted
or closed by law.
(b) Except as provided in section 92F-13, each agency
upon request by any person shall make government records available
for inspection and copying during regular business hours.
(c) Unless the information is readily retrievable
by the agency in the form in which it is requested, an agency shall
not be required to prepare a compilation or summary of its records.
(d) Each agency shall assure reasonable access to
facilities for duplicating records and for making memoranda or abstracts.
(e) Each agency may adopt rules, pursuant to chapter
91, to protect its records from theft, loss, defacement, alteration,
or deterioration and to prevent manifestly excessive interference
with the discharge of its other lawful responsibilities and functions.
[L 1988, c 262, pt of §1]
§92F-12
Disclosure required. (a) Any other provision in this chapter
to the contrary notwithstanding, each agency shall make available
for public inspection and duplication during regular business hours:
(1) Rules of procedure, substantive rules of general
applicability, statements of general policy, and interpretations
of general applicability adopted by the agency;
(2) Final opinions, including concurring and dissenting
opinions, as well as orders made in the adjudication of cases, except
to the extent protected by section 92F-13(1);
(3) Government purchasing information, including all
bid results, except to the extent prohibited by section 92F-13;
(4) Pardons and commutations, as well as directory
information concerning an individual's presence at any correctional
facility;
(5) Land ownership, transfer, and lien records, including
real property tax information and leases of state land;
(6) Results of environmental tests;
(7) Minutes of all agency meetings required by law
to be public;
(8) Name, address, and occupation of any person borrowing
funds from a state or county loan program, and the amount, purpose,
and current status of the loan;
(9) Certified payroll records on public works contracts
except social security numbers and home addresses;
(10) Regarding contract hires and consultants employed
by agencies:
(A) The contract itself, the amount
of compensation,
(B) The duration of the contract, and
(C) The objectives of the contract,
except social security numbers and home addresses;
(11) Building permit information within the control
of the agency;
(12) Water service consumption data maintained by
the boards of water supply;
(13) Rosters of persons holding licenses or permits
granted by an agency that may include name, business address, type
of license held, and status of the license;
(14) The name, compensation (but only the salary range
for employees covered by or included in chapter 76, and sections
302A-602 to 302A-640, and 302A-701, or bargaining unit (8)), job
title, business address, business telephone number, job description,
education and training background, previous work experience, dates
of first and last employment, position number, type of appointment,
service computation date, occupational group or class code, bargaining
unit code, employing agency name and code, department, division,
branch, office, section, unit, and island of employment, of present
or former officers or employees of the agency; provided that this
paragraph shall not require the creation of a roster of employees;
and provided further that this paragraph shall not apply to information
regarding present or former employees involved in an undercover
capacity in a law enforcement agency;
(15) Information collected and maintained for the
purpose of making information available to the general public; and
(16) Information contained in or compiled from a transcript,
minutes, report, or summary of a proceeding open to the public.
(b) Any provision to the contrary notwithstanding,
each agency shall also disclose:
(1) Any government record,
if the requesting person has the prior written consent of all individuals
to whom the record refers;
(2) Government records which,
pursuant to federal law or a statute of this State, are expressly
authorized to be disclosed to the person
requesting access;
(3) Government records pursuant
to a showing of compelling circumstances affecting the health or
safety of any individual;
(4) Government records requested
pursuant to an order of a court;
(5) Government records pursuant
to a subpoena from either house of the state legislature; and
(6) Information from the motor
vehicle registration files, provided that the person requesting
such files shall have a legitimate reason
as determined by rules. [am L 1996, c 89, §8; am L 2000, c253,
§150; am L 2004, c 92, §3; am L
2005, c 85, §1; am L 2007, c 14, §1]
§92F-13
Government records; exceptions to general rule. This part
shall not require disclosure of:
(1) Government records which, if disclosed, would
constitute a clearly unwarranted invasion of personal privacy;
(2) Government records pertaining to the prosecution
or defense of any judicial or quasi-judicial action to which the
State or any county is or may be a party, to the extent that such
records would not be discoverable;
(3) Government records that, by their nature, must
be confidential in order for the government to avoid the frustration
of a legitimate government function;
(4) Government records which, pursuant to state or
federal law including an order of any state or federal court, are
protected from disclosure; and
(5) Inchoate and draft working papers of legislative
committees including budget worksheets and unfiled committee reports;
work product; records or transcripts of an investigating committee
of the legislature which are closed by rules adopted pursuant to
section 21-4 and the personal files of members of the legislature.
[L 1988, c 262, pt of §1; am L 1993, c 250, §1]
§92F-14
Significant privacy interest; examples.
(a) Disclosure of a government record shall not constitute
a clearly unwarranted invasion of personal privacy if the public
interest in disclosure outweighs the privacy interests of the individual.
(b) The following are examples of information in which
the individual has a significant privacy interest:
(1) Information relating to medical, psychiatric,
or psychological history, diagnosis, condition, treatment,
or evaluation, other than directory information while an individual
is present at such facility;
(2) Information identifiable as part of
an investigation into a possible violation of criminal law, except
to the extent that disclosure is necessary to prosecute
the violation or to continue the investigation;
(3) Information relating to eligibility
for social services or welfare benefits or to the determination
of benefit levels;
(4) Information in an agency's personnel
file, or applications, nominations, recommendations, or proposals
for public employment or appointment to a governmental position,
except:
(A) Information disclosed
under section 92F-12(a)(14); and
(B) The following information
related to employment misconduct that results in an employee's suspension
or discharge:
(i) The name of the employee;
(ii) The nature of the employment-related misconduct;
(iii) The agency's summary of the allegations of misconduct;
(iv) Findings of fact and conclusions of law; and
(v) The disciplinary action taken by the agency; when
the following has occurred: the highest non-judicial grievance adjustment
procedure timely invoked by the employee or the employee's representative
has concluded; a written decision sustaining the suspension or discharge
has been issued after this procedure; and thirty calendar days have
elapsed following the issuance of the decision; provided that this
subparagraph shall not apply to a county police department officer
except in a case which results in the discharge of the officer;
(5) Information relating to an individual's nongovernmental
employment history except as necessary to demonstrate compliance
with requirements for a particular government position;
(6) Information describing an individual's finances,
income, assets, liabilities, net worth, bank balances, financial
history or activities, or creditworthiness;
(7) Information compiled as part of an inquiry into
an individual's fitness to be granted or to retain a license, except:
(A) The record of any proceeding resulting
in the discipline of a licensee and the grounds for discipline;
(B) Information on the current place of
employment and required insurance coverages of licensees; and
(C) The record of complaints including
all dispositions; and
(8) Information comprising a personal recommendation
or evaluation; and
(9) Social security numbers. [L 1988, c 262, pt of
§1; am L 1993, c 191, §1; am L 1995, c 242, §1; am
L 2004, c92, §4]
§92F-15
Judicial enforcement.
(a) A person aggrieved by a denial of access to a
government record may bring an action against the agency at any
time within two years after the agency denial to compel disclosure.
(b) In an action to compel disclosure the circuit
court shall hear the matter de novo. Opinions and rulings of the
office of information practices shall be admissible. The circuit
court may examine the government record at issue, in camera, to
assist in determining whether it, or any part of it, may be withheld.
(c) The agency has the burden of proof to establish
justification for nondisclosure.
(d) If the complainant prevails in an action brought
under this section, the court shall assess against the agency reasonable
attorney's fees and all other expenses reasonably incurred in the
litigation.
(e) The circuit court in the judicial circuit in which
the request for the record is made, where the requested record is
maintained, or where the agency's headquarters are located shall
have jurisdiction over an action brought under this section.
(f) Except as to cases the circuit court considers
of greater importance, proceedings before the court, as authorized
by this section, and appeals therefrom, take precedence on the docket
over all cases and shall be assigned for hearing and trial or for
argument at the earliest practicable date and expedited in every
way. [L 1988, c 262, pt of §1; am L 1989, c 192, §3]
§92F-15.3
Notice to the office of information practices. When filing
a civil action that is under, related to, or is affected by this
chapter, a person shall notify the office of information practices
in writing at the time of the filing. The office of information
practices may intervene in the action.
[L 1998, c 82, §1]
§92F-15.5
Alternative method to appeal a denial of access. (a) When
an agency denies a person access to a government record, the person
may appeal the denial to the office of information practices in
accordance with rules adopted pursuant to section 92F-42(12). A
decision to appeal to the office of information practices for review
of the agency denial shall not prejudice the person's right to appeal
to the circuit court after a decision is made by the office of information
practices.
(b) If the decision is to disclose, the office of
information practices shall notify the person and the agency, and
the agency shall make the record available. If the denial of access
is upheld, in whole or in part, the office of information practices
shall, in writing, notify the person of the decision, the reasons
for the decision, and the right to bring a judicial action under
section 92F-15(a). [L 1989, c 192, §1]
[§92F-16]
Immunity from liability. Anyone participating in good faith
in the disclosure or nondisclosure of a government record shall
be immune from any liability, civil or criminal, that might otherwise
be incurred, imposed or result from such acts or omissions. [L 1988,
c 262, pt of §1]
[§92F-17]
Criminal penalties. (a) An officer or employee of an agency
who intentionally discloses or provides a copy of a government record,
or any confidential information explicitly described by specific
confidentiality statutes, to any person or agency with actual knowledge
that disclosure is prohibited, shall be guilty of a misdemeanor,
unless a greater penalty is otherwise provided for by law.
(b) A person who intentionally gains access to or
obtains a copy of a government record by false pretense, bribery,
or theft, with actual knowledge that access is prohibited. or who
intentionally obtains any confidential information by false pretense,
bribery, or theft, with actual knowledge that it is prohibited [by]
a confidentiality statute, shall be guilty of a misdemeanor. [L
1988, c 262, pt of §1]
§92F-18
Agency implementation. (a) Each agency shall:
(1) Issue instructions and guidelines necessary to
effectuate this chapter; and
(2) Take steps to assure that all its employees and
officers responsible for the collection, maintenance, use, and dissemination
of government records are informed of the requirements of this chapter.
(b) Each agency shall compile a public
report describing the records it routinely uses or maintains using
forms prescribed by the office of information practices. The public
reports shall be filed with the office of information
practices on or before December 31, 1994. The public reports shall
include:
(1) The name and location
of each set of records;
(2) The authority under which
the records are maintained;
(3) The categories of individuals
for whom records are maintained;
(4) The categories of information
or data maintained in the records;
(5) The categories of sources
of information in the records;
(6) The categories of uses
and disclosures made of the records;
(7) The agencies and categories
of persons outside of the agency which routinely use the records;
(8) The records routinely
used by the agency which are maintained by:
(A) Another agency; or
(B) A person other than an agency;
(9) The policies and practices
of the agency regarding storage, retrievability, access controls,
retentions, and disposal of the information
maintained in records;
(l0) The title, business address,
and business telephone number of the agency officer or officers
responsible for the records;
(11) The agency procedures
whereby an individual may request access to records; and
(12) The number of written
requests for access within the preceding year, the number denied,
the number of lawsuits initiated against
the agency under this part, and the number of suits in which access
was granted.
(c) Each agency shall supplement or amend
its public report, or file a new report, on or before July 1 of
each subsequent year, to ensure that the information remains accurate
and complete. Each agency shall file the
supplemental, amended, or new report with the office of information
practices, which shall make the reports
available for public inspection. [L 1988, c 262, pt of §1;
am L 1989, c 192, §4; am L 1991, c
167, §2; am L 1992, c 118, §2; am L 1993, c 57, §1]
§92F-19
Limitations on disclosure of government records to other agencies.
(a) No agency may disclose or authorize disclosure of government
records to any other agency unless the disclosure is:
(1) Necessary for the performance of the requesting
agency's duties and functions and is also:
(A) Compatible with the purpose for which
the information was collected or obtained; or
(B) Consistent with the conditions or
reasonable expectations of use and disclosure under which the information
was provided;
(2) To the state archives for the purposes of historic
preservation, administrative maintenance, or destruction;
(3) To another agency, another state, or the federal
government, or foreign law enforcement agency or authority,
if the disclosure is:
(A) For the purpose of a civil or criminal
law enforcement activity authorized by law; and
(B) Pursuant to:
(i) A written agreement or written request,
or
(ii) A verbal request, made under exigent
circumstances, by an officer or employee of the requesting
agency whose identity has been verified, provided that such request
is promptly confirmed in writing;
(4) To a criminal law enforcement agency of this State,
another state, or the federal government, or a foreign criminal
law enforcement agency or authority, if the information is limited
to an individual's name and other identifying particulars, including
present and past places of employment;
(5) To a foreign government pursuant to an executive
agreement, compact, treaty, or statute;
(6) To the legislature, or a county council, or any
committee or subcommittee thereof;
(7) Pursuant to an order of a court of competent jurisdiction;
(8) To authorized officials of another agency, another
state, or the federal government for the purpose of auditing or
monitoring an agency program that receives federal, state, or county
funding;
(9) To the offices of the legislative auditor, the
legislative reference bureau, or the ombudsman of this State for
the performance of their respective functions;
(10) To the department of human resources development,
county personnel agencies, or line agency personnel offices for
the performance of their respective duties and functions, including
employee recruitment and examination, classification and compensation
reviews, the administration and auditing of personnel transactions,
the administration of training and safety, workers' compensation,
and employee benefits and assistance programs, and for labor relations
purposes; or
(11) Otherwise subject to disclosure under this chapter.
(b) An agency receiving government records
pursuant to subsection (a) shall be subject to the same restrictions
on disclosure of the records as the originating agency. [L 1988,
c 262, pt of §1; am L 1993, c 250, §2; L 1994,
c 56, §21]
PART III. DISCLOSURE OF PERSONAL
RECORDS
Note
Part heading amended by L 1989, c 192, §5.
[§92F-21]
Individual's access to own personal record. Each agency that
maintains any accessible personal record shall make that record
available to the individual to whom it pertains, in a reasonably
prompt manner and in a reasonably intelligible form. Where necessary
the agency shall provide a translation into common terms of any
machine readable code or any code or abbreviation employed for internal
agency use. [L 1988, c 262, pt of §1]
§92F-21.5 REPEALED. L 199O,
c 250, §4.
§92F-22
Exemptions and limitations on individual access. An agency
is not required by this part to grant an individual access to personal
records, or information in such records:
(1) Maintained by an agency that performs as its or
as a principal function any activity pertaining to the prevention,
control, or reduction of crime, and which consist of:
(A) Information or reports prepared or
compiled for the purpose of criminal intelligence or of a criminal
investigation, including reports of informers, witnesses, and investigators;
or
(B) Reports prepared or compiled at any
stage of the process of enforcement of the criminal laws from
arrest or indictment through confinement, correctional supervision,
and release from supervision.
(2) The disclosure of which would reveal the identity
of a source who furnished information to the agency under an express
or implied promise of confidentiality.
(3) Consisting of testing or examination material
or scoring keys used solely to determine individual qualifications
for appointment or promotion in public employment, or used as or
to administer a licensing examination or an academic examination,
the disclosure of which would compromise the objectivity, fairness,
or effectiveness of the testing or examination process.
(4) Including investigative reports and materials,
related to an upcoming, ongoing, or pending civil or criminal action
or administrative proceeding against the individual.
(5) Required to be withheld from the individual to
whom it pertains by statute or judicial decision or authorized to
be so withheld by constitutional or statutory privilege. [L 1988,
c 262, pt of §1; am L 1993, c 250, §3]
[92F-23]
Access to personal record; initial procedure. Upon the request
of an individual to gain access to the individual's personal record,
an agency shall permit the individual to review the record and have
a copy made within ten working days following the date of receipt
of the request by the agency unless the personal record requested
is exempted under section 92F-22. The ten-day period may be extended
for an additional twenty working days if the agency provides to
the individual, within the initial ten working days, a written explanation
of unusual circumstances causing the delay.
[L 1988, c 262, pt of §1; am L 2000, c 254, §1]
[§92F-24]
Right to correct personal record; initial procedure.(a) An
individual has a right to have any factual error in that person's
personal record corrected and any misrepresentation or misleading
entry in the record amended by the agency which is responsible for
its maintenance.
(b) Within twenty business days after receipt of a
written request to correct or amend a personal record and evidence
that the personal record contains a factual error, misrepresentation,
or misleading entry, an agency shall acknowledge receipt of the
request and purported evidence in writing and promptly:
(1) Make the requested correction or amendment;
or
(2) Inform the individual in writing of
its refusal to correct or amend the personal record, the reason
for the refusal, and the agency procedures for review
of the refusal. [L 1988, c 262, pt of §1]
§92F-25
Correction and amendment; review procedures. (a) Not later
than thirty business days after receipt of a request for review
of an agency refusal to allow correction or amendment of a personal
record, the agency shall make a final determination.
(b) If the agency refuses upon final determination
to allow correction or amendment of a personal record, the agency
shall so state in writing and:
(1) Permit, whenever appropriate, the
individual to file in the record a concise statement setting forth
the reasons for the individual's disagreement with the
refusal of the agency to correct or amend it; and
(2) Notify the individual of the applicable
procedures for obtaining appropriate judicial remedy. [L 1988,
c 262, pt of §1; am L 1989, c 192, §6]
§92F-26
Rules. The office of information practices shall adopt rules,
under chapter 91, establishing procedures necessary to implement
or administer this part, which the agencies shall adopt, insofar
as practicable, in order to ensure uniformity among state and county
agencies. [L 1988, c 262, pt of §1; am L 1989, c 192, §7]
§92F-27
Civil actions and remedies. (a) An individual may bring a
civil action against an agency in a circuit court of the State whenever
an agency fails to comply with any provision of this part, and after
appropriate administrative remedies under sections 92F-23, 92F-24,
and 92F-25 have been exhausted.
(b) In any action brought under this section the court
may order the agency to correct or amend the complainant's personal
record, to require any other agency action, or to enjoin such agency
from improper actions as the court may deem necessary and appropriate
to render substantial relief.
(c) In any action brought under this section in which
the court determines that the agency knowingly or intentionally
violated a provision of this part, the agency shall be liable to
the complainant in an amount equal to the sum of:
(1) Actual damages sustained by the complainant
as a result of the failure of the agency to properly maintain
the personal record, but in no case shall a complainant (individual)
entitled to recovery receive less than the sum of $1,000;
and
(2) The costs of the action together with
reasonable attorney's fees as determined by the court.
(d) The court may assess reasonable attorney's fees
and other litigation costs reasonably incurred against the agency
in any case in which the complainant has substantially prevailed,
and against the complainant where the charges brought against the
agency were frivolous.
(e) An action may be brought in the circuit court
where the complainant resides, the complainant's principal place
of business is situated, or the complainant's relevant personal
record is situated. No action shall be brought later than two years
after notification of the agency denial, or where applicable, the
date of receipt of the final determination of the office of information
practices. [L 1988, c 262, pt of §1; am L 1989, c 192, §8]
§92F-27.5
Alternative method to appeal a denial of access. (a) When
an agency denies an individual access to that individual's personal
record, the individual may appeal the denial to the office of information
practices in accordance with rules adopted pursuant to section 92F-42(12).
A decision to appeal to the office of information practices for
review of the agency denial shall not prejudice the individual's
right to appeal to the circuit court after a decision is made by
the office of information practices.
(b) If the decision is to disclose, the office of
information practices shall notify the individual and the agency,
and the agency shall make the record available. If the denial of
access is upheld, in whole or in part, the office of information
practices shall, in writing, notify the individual of the decision,
the reasons for the decision, and the right to bring a judicial
action under section 92F-27. [L 1989, c 192, §2]
[§92F-28]
Access to personal records by order in judicial or administrative
proceedings; access as authorized or required by other law.
Nothing in this part shall be construed to permit or require an
agency to withhold or deny access to a personal record, or any information
in a personal record:
(1) When the agency is ordered to produce, disclose,
or allow access to the record or information in the record, or when
discovery of such record or information is allowed by prevailing
rules of discovery or by subpoena, in any judicial or administrative
proceeding; or
(2) Where any statute, administrative rules, rule
of court, judicial decision, or other law authorizes or allows an
individual to gain access to a personal record or to any information
in a personal record or requires that the individual be given such
access. [L 1988, c 262, pt of §1]
PART IV. OFFICE OF INFORMATION
PRACTlCES; DUTIES
§92F-41
Office of information practices; established. (a) There is
established a temporary office of information practices for a special
purpose within the office of the lieutenant governor for administrative
purposes.
(b) The governor shall appoint a director of the office
of information practices to be its chief executive officer and who
shall be exempt from chapter 76.
(c) All powers and duties of the office of information
practices are vested in the director and may be delegated to any
other officer or employee of the office.
(d) The director may employ such other personnel as
are necessary, including but not limited to attorneys and clerical
staff without regard to chapter 76. [L 1988, c 262, pt of §1;
am L 1989, c 192, §9; am L 1998, c 137, §4; am L 2000,
c 253, §150 ]
§92F-42
Powers and duties of the office of information practices.
The director of the office of information practices:
(1) Shall, upon request, review and rule on an agency
denial of access to information or records, or an agency's granting
of access; provided that any review by the office of information
practices shall not be a contested case under chapter 91 and shall
be optional and without prejudice to rights of judicial enforcement
available under this chapter;
(2) Upon request by an agency, shall provide and make
public advisory guidelines, opinions, or other information concerning
that agency's functions and responsibilities;
(3) Upon request by any person, may provide advisory
opinions or other information regarding that person's rights and
the functions and responsibilities of agencies under this chapter;
(4) May conduct inquiries regarding compliance by
an agency and investigate possible violations by any agency;
(5) May examine the records of any agency for the
purpose of paragraph (4) and seek to enforce that power in the courts
of this State;
(6) May recommend disciplinary action to appropriate
officers of an agency;
(7) Shall report annually to the governor and the
state legislature on the activities and findings of the office of
information practices, including recommendations for legislative
changes;
(8) Shall receive complaints from and actively solicit
the comments of the public regarding the implementation of this
chapter;
(9) Shall review the official acts, records, policies,
and procedures of each agency;
(10) Shall assist agencies in complying with the provisions
of this chapter;
(11) Shall inform the public of the following rights
of an individual and the procedures for exercising them:
(A) The right of access to records pertaining
to the individual;
(B) The right to obtain a copy of records
pertaining to the individual;
(C) The right to know the purposes for
which records pertaining to the individual are kept;
(D) The right to be informed of the uses
and disclosures of records pertaining to the individual;
(E) The right to correct or amend records
pertaining to the individual; and
(F) The individual's right to place a
statement in a record pertaining to that individual;
(12) Shall adopt rules that set forth an administrative
appeals structure which provides for:
(A) Agency procedures for processing records
requests;
(B) A direct appeal from the division
maintaining the record; and
(C) Time limits for action by agencies;
(13) Shall adopt rules that set forth the fees and
other charges that may be imposed for searching, reviewing, or segregating
disclosable records, as well as to provide for a waiver of such
fees when the public interest would be served;
(14) Shall adopt rules which set forth uniform standards
for the records collection practices of agencies;
(15) Shall adopt rules that set forth uniform standards
for disclosure of records for research purposes;
(16) Shall have standing to appear in cases where
the provisions of this chapter are called into question;
(17) Shall adopt, amend, or repeal rules pursuant
to chapter 91 necessary for the purposes of this chapter; and
(18) Shall take action to oversee compliance with
Part I of chapter 92 by all state and county boards including:
(A) Receiving and resolving complaints;
(B) Advising all government boards and
the public about compliance with chapter 92; and
(C) Reporting each year to the legislature
on all complaints received pursuant to section 92-1.5.
[L 1988, c 262, pt of §1; am L 1989, c 192, §10;
am L 1998, c 137, §5]
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