STAND. COM. REP. NO. 1423

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 287

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 287, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE UNIFORM INFORMATION PRACTICES ACT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to include under the list of examples of information in which an individual has a significant privacy interest under the Uniform Information Practices Act records that if disclosed would create a substantial and demonstrable risk of physical harm to an individual.

 

     Your Committee received testimony in support of this measure from the Judiciary; Office of Information Practices; Police Department, City and County of Honolulu; League of Women Voters of Hawaii; and two individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Chapter of the Society of Professional Journalists.

 

     Your Committee finds that an individual's privacy interest in the information contained in public records should be protected and remain private when weighed against the public's interest in disclosure, especially in cases where a legitimate threat of physical harm exists with the public release of such information.  This measure requires records to not be disclosed if the disclosure of such records would create a substantial and demonstrable risk of physical harm to an individual.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 287, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 287, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair