REPORT TITLE:
Personal Records; Disclosure


DESCRIPTION:
Prohibits an agency from refusing to enter into an agreement to
keep the source of information confidential.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            785         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO RECORDS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that it is important to
 
 2 keep the delicate balance between opening government records to
 
 3 the public and respecting privacy.  Section 92F-22(2) provides
 
 4 that the source of information may be kept confidential if the
 
 5 agency and the source agree to it.  The purpose of this Act is to
 
 6 prohibit an agency from refusing to enter into such an agreement
 
 7 if the source so requests.
 
 8      SECTION 2.  Section 92F-22, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "�92F-22  Exemptions and limitations on individual access.
 
11 An agency is not required by this part to grant an individual
 
12 access to personal records, or information in such records:
 
13      (1)  Maintained by an agency that performs as its or as a
 
14           principal function any activity pertaining to the
 
15           prevention, control, or reduction of crime, and which
 
16           consist of:
 
17           (A)  Information or reports prepared or compiled for
 
18                the purpose of criminal intelligence or of a
 
19                criminal investigation, including reports of
 

 
Page 2                                         785         
                                     H.B. NO.           
                                                        
                                                        

 
 1                informers, witnesses, and investigators; or
 
 2           (B)  Reports prepared or compiled at any stage of the
 
 3                process of enforcement of the criminal laws from
 
 4                arrest or indictment through confinement,
 
 5                correctional supervision, and release from
 
 6                supervision.
 
 7      (2)  The disclosure of which would reveal the identity of a
 
 8           source who furnished information to the agency under an
 
 9           express or implied promise of confidentiality.  An
 
10           agency is prohibited from refusing to enter into an
 
11           agreement to keep the identity of the source
 
12           confidential if the source requests it."
 
13      (3)  Consisting of testing or examination material or
 
14           scoring keys used solely to determine individual
 
15           qualifications for appointment or promotion in public
 
16           employment, or used as or to administer a licensing
 
17           examination or an academic examination, the disclosure
 
18           of which would compromise the objectivity, fairness, or
 
19           effectiveness of the testing or examination process.
 
20      (4)  Including investigative reports and materials, related
 
21           to an upcoming, ongoing, or pending civil or criminal
 
22           action or administrative proceeding against the
 
23           individual.
 

 
Page 3                                         785         
                                     H.B. NO.           
                                                        
                                                        

 
 1      (5)  Required to be withheld from the individual to whom it
 
 2           pertains by statute or judicial decision or authorized
 
 3           to be so withheld by constitutional or statutory
 
 4           privilege."
 
 5      SECTION 3.  New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________