Hawaii Public Records

Hawaii public records refer to official documents, materials, or data created, filed, or maintained by a government agency. These records are available for inspection and copying at the request of the public unless specifically exempt from public disclosure by law or statute.

Record custodians who do not respond appropriately to public records requests can be held accountable by the Office of Information Practices and the court of law. Agencies can be fined up to $5,000 for each Hawaii Public Records Law violation.

Are Hawaii Records Public?

Yes, government records are generally open to the public under Hawaii's Uniform Information Practices Act (UIPA). The UIPA also provides established procedures that government agencies and the public must follow to ensure compliance. Individuals who follow these procedures and submit a Public Records request can obtain public records for their private use.

Due to confidentiality and privacy concerns, certain records are excluded from public disclosure. These exceptions are listed under HAR §92F-13 and HAR §92F-14. Some of these records include:

All records containing personal information that would constitute an unwarranted invasion of an individual's privacy. These records include medical, psychiatric, or psychological information and social security numbers. This also includes credit or debit card numbers and bank account numbers;
Records of ongoing or pending judicial or quasi-judicial proceedings where disclosure would undermine the integrity of the legal process;
Records that must remain confidential for the government to effectively fulfill its legitimate functions, such as law enforcement investigations or sensitive negotiations;
Records that are protected from disclosure by a court order or by state or federal law;
Drafts, worksheets, and unfiled reports of legislative committees, which represent ongoing deliberations not yet finalized;
Records or transcripts of legislative investigative committees, which are closed to protect the confidentiality of witnesses and ongoing investigations;
Personal files of individual legislators containing private information unrelated to their official duties.

Hawaii Public Records Act

The Uniform Information Practices Act (UIPA), enacted in 1988, guarantees the public's right to access government records in Hawaii. This law applies to all state and county agencies, including their boards, commissions, and departments.

As defined by the UIPA under HAR §92F-3, public records refer to information created, received, or maintained by a government agency regardless of its form or media. This includes written documents, electronic records, audio-visual materials, and other physical formats. Per HAR §92F-12, the following public records are publicly accessible in Hawaii:

Administrative records, such as rules of procedures and statements of general policy;
Court records, such as court dockets, opinions, transcripts, orders, and judgments;
Government purchasing information, such as contracts, bids, invoices, and procurement policies;
Crime statistics, such as crime rate, crime locations, crime types, and arrest data;
Inmate records, such as inmate's name and ID, offense information, jail location, and release dates;
Sex offender records, including the offender's name and ID, addresses, and parole conditions;
Land ownership records, such as property ownership, property values, property taxes, and zoning regulations;

How Do I Find Public Records in Hawaii:

Individuals can access public records in Hawaii by taking the following steps:

Determine the type of record needed and identify the custodian.

To access Hawaii public records without unnecessary delays, individuals must first determine the type of record containing the information they seek. An individual seeking information about crime statistics would waste time searching for such records under court records.

Requesters must understand that different record custodians maintain public records. For instance, court records are held by the Hawaii State Judiciary, while the Bureau of Conveyances manages land ownership records. The requester needs to know the record custodian to verify the availability of the desired record.

Verify the record availability and the means of access.

Some government agencies in Hawaii host public records on online databases. Individuals can access those databases by visiting the agency's websites and entering the required search parameters. For example, individuals can access court records on the eCourt Kokua portal of the Hawaii State Judiciary.

If the desired records are unavailable online, the requester can contact the record custodian to find out how to access the public record. The contact information of record custodians is typically available on their websites and the Hawaii Departments and Agencies Directory.

Submit a public records request.

In Hawaii, inquirers can submit public record requests online, by mail, email, or in person. Additionally, most record custodians in Hawaii have standardized public records request forms that individuals can complete to retrieve public records. These forms require requesters to provide their names, contact information, and identifying details of the desired record. Information usually required to initiate the search includes the case information, case number, the name(s) of the record holder(s), their birth date, and others. For nationwide searches, additional information, such as the district or city of the record's filing or creation, may be required. With sufficient information, requests may be processed without the inquirer being present. For instance, the Hawaii Department of Defense offers an online request form that allows requesters to state their request without sending mail or visiting in person.

Following agency-specific record request procedures (including submission methods and payment instructions) is essential. Generally, individuals can view public records for free at the record custodian's office. However, a nominal fee is required to obtain copies of public records. These fees typically cover the costs of copying, printing, and mailing the records.

Find Hawaii Public Records Free

Some government agencies in Hawaii provide free online databases where individuals can access public records. For example, the Department of the Attorney General maintains the state's sex offenders registry, which is available for free online. The Crime Prevention and Justice Assistance Division (CPJAD) also makes Hawaii's crime statistics report available online for free. Additionally, certain public records can be accessed for free in person at government offices in Hawaii. For example, courthouses have public terminals where inquirers can view court records at no cost.

What Happens if I Am Refused a Public Records Request?

When a government agency denies a public records request, the custodian must write to the requester stating the reasons for the denial. This explanation must reference the specific rules under the UIPA that permit such denial.

Per HAR §92F-15, the following options are available to individuals who have been denied a public records request:

Individuals can file a lawsuit against the agency within two years of the denial. The agency has the burden of proof to justify the nondisclosure. The court will review the case and decide whether the agency should disclose the record or not. If the individual wins the case, the agency must disclose the record, and the court may award attorney's fees and expenses. This lawsuit can only be filed in the circuit court where the request for the record was made or where the agency's headquarters is located.
Individuals can appeal a denial to the Office of Information Practices (OIP). If the OIP decides to disclose the record, the agency must adhere to the directive. If the OIP upholds the denial, the requester can file a lawsuit against the agency in the circuit court. The requester must, however, notify the OIP at the time of the filing.

How Long Does It Take to Obtain a Hawaii Public Record?

Per HAR §2-71-13, when an individual requests records that are publicly available under HRS 92F-12, the record custodian must disclose such records within 10 business days of receiving the request.

Suppose the record is not covered under HRS 92F-12, or it's not available in its entirety. In that case, the custodian must notify the requester within 10 business days and disclose such records within 5 business days of sending the notification.

In cases where an agency cannot meet the 10 business-day deadline due to extenuating circumstances (as stated in HAR §2-71-15), the agency must acknowledge the request in writing within 10 business days. In the letter, the agency must communicate the reasons for the delay and the expected date of disclosure. The extended period must not exceed 20 working days from the day the agency received the request.