Hawaii Public Records Law
Access to public information in Hawaii is granted through Chapter 92F of the Hawaii Revised Statutes, referred to as the Uniform Information Practices Act (UIPA). Under this law, any interested member of the public can inspect and copy information (whether written, auditory, visual, electronic, or in any other physical form) maintained by state and county agencies and departments in Hawaii.
Where Do I Submit a Public Record Request in Hawaii?
Hawaii does not have a central repository for public records; therefore, record requests must be submitted directly to the state or county agency or department that maintains the record(s) in question.
Notwithstanding this, you may get general advice on submitting public records requests in Hawaii (and accessing these records) by contacting the state's Office of Information Practices (OIP) at:
No. 1 Capitol District Building
250 South Hotel Street
Suite 107
Honolulu, HI 96813
Phone: (808) 586-1400
Inquiries may also be directed to this office via email or fax at (808) 586-1412. It is important to note that the OIP does not receive requests for records held by other agencies.
How Do I Request Public Records in Hawaii?
You may inspect and obtain copies of public records in Hawaii by taking the following steps:
- Determine which government agency maintains the records you need.
- Contact this agency and submit a request for the required records to the officer in charge of maintaining the record/information. Depending on the agency, this request may be made via telephone, fax, email, online portals, or mail. Note that you do not typically have to state the reason for the request: however, you will be required to clearly and specifically describe the records being sought.
- Pay any applicable fees. Some agencies may also require a valid ID or other supporting documentation, depending on the nature of the request.
Several third-party websites offer access to certain Hawaii public records; however, you may have to pay an additional service charge for this.
What Records Are Public in Hawaii?
Various types of government records are open to public disclosure in Hawaii, including:
- Property Records: Examples of these include deeds, tax assessments, land ownership, transfer, and lien records.
- Business Records: such as business registrations, licensing records, and corporate filings.
- Judicial/Court Records: These include case files, motions, court orders, bankruptcy filings, judgments, and other documents generated in the state's trial court system, which comprises Circuit, District, Family, Land, and Tax Appeal Courts.
- Law Enforcement Records: These include arrest records, incident reports, jail logs, inmate records, criminal history records, and sex offender registries.
- Government Financial Records: such as budget reports, expenditure and audit reports, and government contracts.
It should be noted that, even though divorce records are generally considered public in Hawaii, access to other vital records (birth, death, and marriage) is restricted under state law.
To this end, the Hawaii Office of Information Practices offers a Records Report System that allows interested parties to identify the types of records maintained by government agencies and determine which records are accessible to the public.
Who Can Request Public Records in Hawaii?
Per Hawaii's UIPA, any person may request access to, and obtain copies of government records in Hawaii. The term "person" as defined by this act includes individuals, corporations, estates, business trusts, associations, trust partnerships, governments, governmental subdivisions or agencies, and any other legal entity.
What Is the Response Time for Public Records Requests in Hawaii?
There is no set deadline for general public record requests in Hawaii, and agencies are typically expected to make government records available for inspection and copying during "regular business hours".
However, in situations where a person requests access to their personal records, the agency must respond within 10 working days. This timeline may be extended to 20 working days if the agency notifies the requester in writing (within the initial 10-day period), explaining the reason for the delay.
What Is the Fee Charged for Providing Copies of Public Records?
The UIPA does not stipulate specific fees for copying public records. However, per the Hawaii Office of Information Practices' administrative rules, agencies may charge up to $2.50 per 15 minutes to search for requested records, and up to $5 per 15 minutes to review and segregate the record.
What Records Are Exempted Under the Hawaii Public Records Law?
Certain records are exempt from public disclosure under Hawaii's Uniform Information Practices Act. Examples include:
- Personal medical or financial information, social security numbers, home addresses and phone numbers of government employees, and other records that would constitute an unwarranted invasion of personal privacy if disclosed
- Investigative reports and materials related to ongoing or pending criminal, civil, or administrative proceedings
- Information that would reveal confidential informants
- Testing and examination materials and scoring keys
- Records protected by court order
- Partial and draft working papers of legislative committees