Hawaii
Hawaii Uniform Information Practices Act
HRS Chapter 92F
Transparency Score: 62/100
Response Timeline
Hawaii has no fixed statutory deadline. Agencies must respond 'during business hours' and provide access to records that are 'readily available.' The Office of Information Practices (OIP) recommends agencies respond within 10 business days as best practice.
No residency requirement. Any person may request government records regardless of location or citizenship.
How to Submit a Request
Accepted Methods
No specific format required. Written requests recommended for complex requests. Oral requests may be sufficient for readily available records. Must describe records with reasonable specificity.
Required Elements
- Description of records requested
- Requester contact information
Optional Elements
- Preferred format
- Purpose of request (may affect fee determination)
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Copies (per page) | USD0.05 |
HRS section 92-21 sets a minimum fee of $0.05 per page. Individual agencies set their own fee schedules for search, duplication, and review costs. Fees vary significantly between agencies. The OIP can review fee disputes.
Fee Waivers
- Individual agencies may waive or reduce fees at their discretion
- Some agencies waive fees for requests serving public interest
Fee waivers are at individual agency discretion. No mandatory statutory fee waiver categories exist. Some agencies have adopted policies waiving fees for public interest requests.
Exemptions
-
Records protected by statute or court order from disclosure
-
Deliberative materials - government records that are pre-decisional and deliberative in nature
-
Legislative drafts and working papers before introduction
-
Personal privacy - constitutional balancing test weighing privacy against public interest (HRS section 92F-14)
-
Records whose disclosure would frustrate a legitimate government function
-
Records compiled for law enforcement purposes
-
Attorney-client privileged communications
-
Trade secrets and confidential commercial or financial information
-
Medical and health records
-
Tax return information and related records
Hawaii uses a constitutional balancing test for privacy exemptions, weighing the individual's privacy interest against the public interest in disclosure. The 'frustrating government function' exemption is unique to Hawaii and has been interpreted narrowly by OIP. The deliberative process exemption protects pre-decisional materials.
Appeal Process
1
File complaint with OIP for administrative determination - OIP has authority to issue binding opinions on UIPA compliance
2
Appeal OIP decision to circuit court, or file suit directly in circuit court
The Office of Information Practices (OIP) is the primary administrative appeal body for Hawaii UIPA disputes. OIP opinions are binding on agencies. If unsatisfied with OIP determination, requesters may appeal to circuit court. OIP can also initiate enforcement actions.
Request Templates
NFOIC Hawaii Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - Hawaii →
Reporters Committee for Freedom of the Press
MuckRock Hawaii Guide →
MuckRock
Records Retention
Haw. Rev. Stat. §94-1 to §94-8
Under HRS §94-3, public officers must submit records to the State Comptroller for disposition authorization. The Records Management Branch develops General Records Schedules and agency-specific schedules.