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) The office of information practices may
adopt rules, pursuant to chapter 91, to protect agency records from theft,
loss, defacement, alteration, or deterioration and to prevent manifestly
excessive interference with the discharge of agencies' other lawful
responsibilities and functions. [L 1988, c 262, pt of §1; am L 2010, c 100, §§1,
3; am L 2017, c 165, §1]
Cross References
Department of Hawaiian home lands records, see chapter 92J.
Case Notes
Chapter 92F applies
prospectively, requiring disclosure of records maintained by state agencies
regardless of when the records came into existence. 83 H. 378, 927 P.2d 386.
Where trial court
determined that any unaccepted engineering reports were returned to the
developer and there was a lack of evidence suggesting that the city planning
and permitting department "maintained" any reports or copies of the
reports that were unaccepted by the department, trial court properly determined
that, pursuant to this chapter, the reports submitted to the department in
connection with the developer's subdivision application did not constitute
"government records" prior to their acceptance by the department.
119 H. 90, 194 P.3d 531.
Cited: 134 H. 181, 339 P.3d 679 (2014).
Mentioned: 74 H.
365, 846 P.2d 882.
Notes of Decisions
Peer News LLC v. City of Honolulu & Dep't of Budget & Fiscal Servs., 431 P.3d 1245 (Haw. 2018).
· cites it 3× “HRS § 92F-11 (2012), which sets forth an agency's affirmative disclosure obligations, provides in relevant part as follows: (a) All government records are open to public inspection unless access is restricted or closed by law.”
Civil Beat Law Ctr. for the Pub. Interest, Inc. v. City & Cnty. of Honolulu, 445 P.3d 47 (Haw. 2019).
“" HRS § 92F-11(a). The UIPA also recognizes that "[t]he 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 [A]rticle I of the [C]onstitution of the…”
Civil Beat Law Ctr. for the Pub. Interest, Inc. v. City & Cnty. of Honolulu., No. SCAP-17-0000899 (Haw. June 26, 2019).
“” HRS § 92F-11(a). The UIPA also recognizes that “[t]he 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 [A]rticle I of the [C]onstitution of the…”
Haw. Rev. Stat. § 92F-11(a): 3 cases
Civil Beat Law Ctr. for the Pub. Interest, Inc. v. City & Cnty. of Honolulu, 445 P.3d 47 (Haw. 2019).
“" HRS § 92F-11(a). The UIPA also recognizes that "[t]he 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 [A]rticle I of the [C]onstitution of the…”
Civil Beat Law Ctr. for the Pub. Interest, Inc. v. City & Cnty. of Honolulu., No. SCAP-17-0000899 (Haw. June 26, 2019).
“” HRS § 92F-11(a). The UIPA also recognizes that “[t]he 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 [A]rticle I of the [C]onstitution of the…”
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