§92F-14  Significant privacy interest;examples.  (a)  Disclosure of a government record shall not constitute aclearly unwarranted invasion of personal privacy if the public interest indisclosure outweighs the privacy interest of the individual.

(b)  The following are examples of informationin which the individual has a significant privacy interest:

(1)  Information relating to medical, psychiatric, orpsychological history, diagnosis, condition, treatment, or evaluation, otherthan directory information while an individual is present at such facility;

(2)  Information identifiable as part of aninvestigation into a possible violation of criminal law, except to the extentthat disclosure is necessary to prosecute the violation or to continue theinvestigation;

(3)  Information relating to eligibility for socialservices or welfare benefits or to the determination of benefit levels;

(4)  Information in an agency's personnel file, orapplications, nominations, recommendations, or proposals for public employmentor appointment to a governmental position, except:

(A)  Information disclosed under section 92F-12(a)(14);and

(B)  The following information related toemployment misconduct that results in an employee's suspension or discharge:

(i)  The name of the employee;

(ii)  The nature of the employment relatedmisconduct;

(iii)  The agency's summary of the allegations ofmisconduct;

(iv)  Findings of fact and conclusions of law;and

(v)  The disciplinary action taken by theagency;

when thefollowing has occurred:  the highest non-judicial grievance adjustmentprocedure timely invoked by the employee or the employee's representative hasconcluded; a written decision sustaining the suspension or discharge has beenissued after this procedure; and thirty calendar days have elapsed followingthe issuance of the decision; provided that this subparagraph shall not applyto a county police department officer except in a case which results in thedischarge of the officer;

(5)  Information relating to an individual'snongovernmental employment history except as necessary to demonstratecompliance with requirements for a particular government position;

(6)  Information describing an individual's finances,income, assets, liabilities, net worth, bank balances, financial history oractivities, or creditworthiness;

(7)  Information compiled as part of an inquiry intoan individual's fitness to be granted or to retain a license, except:

(A)  The record of any proceeding resulting inthe discipline of a licensee and the grounds for discipline;

(B)  Information on the current place ofemployment and required insurance coverages of licensees; and

(C)  The record of complaints including alldispositions;

(8)  Information comprising a personal recommendationor 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 asthey did in executive session resulting in appointment of educationsuperintendent; they cannot disclose information discussed in executive sessionif information is of the type listed in subsection (b) without firstdetermining 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 Reportingto 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 resultingdiscipline not "highly personal and intimate information" and thusnot within scope of Hawaii's constitutional right to privacy.  83 H. 378, 927P.2d 386.