Opinion Letter Summary

Opinion Letter No. 92-22
November 18, 1992
Register of Blind Persons

The State Departments of Taxation (DOTAX) and Health (DOH) cannot disclose information about
blind individuals’ visual impairment, birthdate, and ethnicity to the State Department of Human
Services for its register of blind persons. The DOTAX income tax return records and certain DOH
health records that contain this information are confidential under specific confidentiality statutes, and
also under the UIPA’s "clearly unwarranted invasion of privacy" exception.

The OIP concluded that the applicable confidentiality statutes supersede section 92F-19, Hawaii Revised Statutes, which, under certain circumstances, permits inter-agency disclosure of confidential records. The OIP also found that under the federal Buckley Amendment, the Department of Education would likely jeopardize its receipt of federal funding if it discloses information identifying blind students.

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