§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 interest 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;



(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, c 92, §4]



 



Attorney General Opinions



 



  Board of education members may disclose reasons they voted as
they did in executive session resulting in appointment of education
superintendent; they cannot disclose information discussed in executive session
if information is of the type listed in subsection (b) without first
determining to what extent disclosure is in public interest.  Att. Gen. Op.
94-1.



 



Law Journals and Reviews



 



  Driving into the Sunset:  A Proposal for Mandatory Reporting
to the DMV by Physicians Treating Unsafe Elderly Drivers.  25 UH L. Rev. 59.



 



Case Notes



 



  Information that must be disclosed pursuant to clause (b)(4)(B)
regarding a public employee's employment-related misconduct and resulting
discipline not "highly personal and intimate information" and thus
not within scope of Hawaii's constitutional right to privacy.  83 H. 378, 927
P.2d 386.