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Opinion Letter No. 95-05
March 9, 1995
Requirement To Protect From Disclosure If Required By State or Federal
Law
The UIPA does not require the disclosure of records
which state or federal law protect from
disclosure under section 92F-13(4), Hawaii Revised Statutes. Section
396-14, Hawaii Revised
Statutes, of the State’s occupational safety and health law,
provides certain records and reports
created by the Division of Occupational Safety and Health ("DOSH"),
regarding the administration
and enforcement of occupational safety and health laws, cannot be
used as evidence or as discovery in civil actions growing out of
any matter mentioned in the record, determination, statement, or
report.
The language of section 396-14, Hawaii Revised Statutes,
is intended to protect against the admission
in evidence or the discovery of the identities of individuals who
provide information to DOSH in
connection with its enforcement of the State’s occupational
safety and health law. Because this
information would not be discoverable during civil actions, the
general public is similarly barred access
to this information. Instead, DOSH may disclose the records after
it removes all references to
information which might result in the likelihood of the actual identification
of individuals who furnished
DOSH with information. DOSH may also withhold information from other
records which fall within
disclosure exceptions in section 92F-13, Hawaii Revised Statutes.
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