Hawaii Governor Ige Considering Amendment to Hawaii Information Practices Law

The Honolulu Star-Advertiser had a front page story today on a bill passed by the Legislature proposing an amendment to Hawaii's Uniform Information Practices Act, Hawaii Revised Statutes Ch. 92F.

The bill, H.B. 287, underwent re-writes throughout the session.  The version that passed, and is awaiting Governor signature or veto, is:

     SECTION 1.  Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

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     (8)  Information comprising a personal recommendation or evaluation; [and]

     (9)  Social security numbers[.]; and

    (10)  Information that if disclosed would create a substantial and demonstrable risk of physical harm to an individual."

The State of Hawaii Judiciary testified in favor of changes to Ch. 92F and Civil Beat's Law Center for the Public Interest opposed the changes.  The testimony of both the Judiciary and the Law Center is available here.  

The Judiciary's position appears to be tied to the physical safety and security vulnerable from the public disclosure of information:

This legislation is designed to promote the safety and security of individuals by ensuring that a review of matters relating to personal safety and security is part of the equation in determining whether particular documents shall be disclosed pursuant to Hawaii's Uniform Information Practices Act. While the present law states that government records shall not be disclosed if their disclosure would constitute a "clearly unwarranted invasion of personal privacy," the law does not specifically address situations where disclosure could result in a threat to one's physical safety or security.

The Law Center for Public Interest's testimony outlines its observation that personally identifiable information (read: social security number, etc) is already protected by Ch. 92F.

In addition to the Judiciary, the Honolulu Police Department supported the bill.  Several others opposed the bill, including Common Cause Hawaii, the Office of Information Practices, the Society of Professional Journalists and the American Civil Liberties Union.

Governor Ige has a few weeks to decide whether to sign the bill, veto the bill or let it become law without his signature.

On balance, Hawaii's law favors disclosure of government records.  The Star-Advertiser prevailed on its suit to compel Governor Abercrombie to produce the list of candidates he was considering for a supreme court justice-ship.  [Disclosure:  we represented the Star-Advertiser in that litigation].  

One wonders how many folks are at risk of physical harm from the government disclosure of this information. Hawaii is not known for high incidence of violent crime, in fact, those crimes are on the decline, and it seems unusual to change the law without an incident triggering the need for this law change, but most violent offenders probably find their victims through other means than Ch. 92F.  

Stay tuned for the Governor's action.