Public Records Request Guide

The Uniform Information Practices Act (HRS Chapter 92F) — called UIPA — is Hawaii’s public records law. This guide is for records officers and agency staff responsible for processing records requests. It covers timelines, fees, exemptions, and the appeal process.

What records are subject to disclosure

The default under UIPA is disclosure. All government records are presumed to be public unless a specific exemption applies. This includes:

• Documents, reports, and correspondence
• Emails (including internal emails about government business)
• Contracts and financial records
• Meeting minutes and agendas
• Data and databases maintained by the agency
• Photographs, maps, and other media
• Records in any format — paper, electronic, audio, or video

The law applies to all state and county agencies, including boards, commissions, departments, and offices.

How to process a records request

When your agency receives a records request, follow these steps:

Step 1: Acknowledge the request

Respond promptly to confirm receipt. While UIPA does not specify an exact response time, OIP guidance states that agencies should respond within 10 business days. If the request is complex and will take longer, notify the requester of the expected timeline.

Step 2: Search for responsive records

Conduct a reasonable search for all records that match the request. Document your search process — what databases, file systems, and offices you searched, and who was involved. A reasonable search doesn’t mean an exhaustive search, but it must be thorough enough that you can defend it if challenged.

Step 3: Review for exemptions

Review each responsive record to determine whether any exemptions apply. If only part of a record is exempt, you must release the non-exempt portions — this is called providing the record in segregable form.

Step 4: Respond to the requester

Your response must include:

• The responsive records (or the non-exempt portions)
• For any withheld records: the specific exemption cited and a brief explanation of why it applies
• Information about the requester’s right to appeal to OIP
• If fees apply: an estimate before proceeding with copying

Response timelines

• Initial response: Within 10 business days of receiving the request
• Records available on site: Allow inspection within 10 business days
• Complex requests: Notify the requester within 10 business days if additional time is needed, and provide an estimated completion date
• Incremental production: For large requests, provide records on a rolling basis as they are reviewed, rather than waiting until all records are ready

Fee structure and limitations

Agencies may charge fees, but they are limited:

• Electronic delivery: No charge for records sent by email or electronic transfer
• Paper copies: Reasonable copying costs only (typically $0.05–$0.25 per page)
• No search fees: Agencies cannot charge for the time spent searching for records
• No review fees: Agencies cannot charge for the time spent reviewing records for exemptions
• Fee waiver: Consider waiving fees when disclosure is in the public interest

Always provide a fee estimate before producing paper copies, and offer electronic delivery as a no-cost alternative.

Exemptions

UIPA provides specific exemptions where disclosure would cause harm. The most common are:

Personal privacy (HRS 92F-14(b))

Records that would constitute a clearly unwarranted invasion of personal privacy. This includes Social Security numbers, medical records, home addresses of employees, and similar personal information. The test is whether the privacy interest outweighs the public interest in disclosure.

Law enforcement (HRS 92F-13(3))

Records related to active law enforcement investigations, where disclosure would interfere with enforcement proceedings, reveal confidential investigative techniques, or endanger someone’s safety.

Deliberative process (HRS 92F-13(3))

Pre-decisional, deliberative records — such as draft reports, internal memos with policy recommendations, or inter-agency communications where staff are discussing options before a decision is made. Once a decision is final, the factual portions become disclosable.

Other exemptions

• Attorney-client privilege — communications between the agency and its attorney
• Trade secrets — confidential commercial or financial information
• Other statutes — records made confidential by other state or federal laws

Appeal process through OIP

If a requester disagrees with your denial, they can file an appeal with the Office of Information Practices. Here’s what happens:

• The requester contacts OIP with the details of the request and denial
• OIP will contact your agency for a response and the withheld records
• OIP reviews the records and the cited exemptions
• OIP issues a formal opinion — either upholding the denial or ordering disclosure
• This process is free to the requester

If your agency disagrees with OIP’s opinion, the matter may be taken to court, but this is rare. Most agencies comply with OIP opinions.

Sample response templates

Full disclosure response

Dear [Requester Name],

Thank you for your records request dated [date].

We have located the requested records and they are
attached to this email. No fees apply for electronic
delivery.

If you have questions, please contact [name] at
[email/phone].

[Agency Name]

Partial denial response

Dear [Requester Name],

Thank you for your records request dated [date].

We have located [number] responsive records. [Number]
records are provided in full. [Number] records are
provided with redactions as noted below.

The following information has been withheld pursuant to
[cite specific HRS section]: [brief explanation of what
was redacted and why the exemption applies].

You have the right to appeal this determination to the
Office of Information Practices at oip@hawaii.gov or
(808) 586-1400.

[Agency Name]

Compliance checklist for records officers

Common mistakes to avoid

• Asking “why.” You may not require a requester to explain their purpose or intended use of the records
• Blanket denials. Citing an exemption for an entire category of records without reviewing each record individually
• Ignoring requests. Failing to respond at all is itself a violation — even a “we need more time” response is better than silence
• Charging search fees. UIPA does not allow agencies to charge for time spent searching for or reviewing records
• Failing to segregate. If only part of a record is exempt, you must release the non-exempt portions
• No appeal information. Every denial must inform the requester of their right to appeal to OIP

Resources

• HRS Chapter 92F — full text
• OIP guidance on UIPA
• OIP formal opinions database
• OIP Records Report System — searchable database of 26,000+ government record types
• OIP training and workshops

Get started

Need help processing a records request? OIP provides free guidance and training for agency records officers.

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