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Opinion Letter No. 97-08
September 9, 1997
Requests for Government Records That Do Not Exist
Section 92F-3, Hawaii Revised Statutes, provides that
a government record is information maintained
by an agency in any physical form. The requester in this case sought
a record memorializing a
conversation; however, the agency asserted that the conversation
was never reduced to writing.
When a member of the public makes a request for a government record
that does not exist, the UIPA
does not apply. While the OIP advises that government agencies continue
to maintain existing records
when there is a pending UIPA request, they do not have a duty under
the UIPA to create records nor
to maintain records. Nevertheless, when an agency receives a request
for a record, a reasonable
search should be made for that record. A burdensome request does
not excuse compliance with the
UIPA.
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