Hawaii FOIA procedures

Hawaii FOIA procedures
FOIA laws in Hawaii
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Hawaii as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Hawaii

Hawaii's Uniform Information Practices Act, found in Hawaii Revised Statutes Chapter 92F, does not specify how records should be requested. The Hawaii Office of Information Practices outlines the following steps for requesting public records:

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Describe Clearly and specifically describe the records or information you are seeking. Identify agency Determine which government agency maintains the information and the name of the officer in charge of the record. Contact that officer to gain access to the records you seek. Contact agency Request the record or information you want by calling, faxing, or writing to the officer in charge of the record at the agency maintaining the information. You do not have to say why you are requesting the record. Arrange notification It may be helpful to provide the agency with: your name (or an alias under which you can be contacted if you do not wish to use your real name); your mailing address; and a phone or fax number where you can be reached with questions or notifications about your request. Identification Although you do not have to identify yourself in order to view a public record, the agency should ask you to provide personal identification if you are requesting access to your own personal record. In addition, the agency may ask to hold your personal identification while you are viewing your personal record. Written requests Although not required, everyone is encouraged to provide the above information in writing. This makes it possible to keep track of your request and contact you for correspondence about your request. Costs If you wish, specify the total dollar amount you are prepared to pay for reproduction costs associated with filling your request. Before your request is filled, you may ask to be notified if the costs will exceed this amount.

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Purpose and use

Hawaii's Uniform Information Practices Act does not require a statement of purpose for requesting records or restrict the use of records.

Who may request public records?

See also: List of who can make public record requests by state

Anyone may request public records in Hawaii. According to Hawaii Revised Statutes Section 92F-11:

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(a) All government records are open to public inspection unless access is restricted or closed by law. (b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours.

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Hawaii is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Hawaii permits a fee to be charged to cover the cost of responding to a public records request. According to the Hawaii Office of Information Practices:

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OIP’s administrative rules allow an agency to charge certain fees. See Haw. Admin. R. § 2-71-19. These rules also allow an agency to require prepayment of 50% of the agency’s estimated fees to search for, review, and segregate the requested records, plus 100% of the agency’s estimate of other lawful fees, such as copying or mailing costs, as detailed below. Note that the agency must waive the first $30 in fees for search, review, and segregation. Alternatively, the agency must waive the first $60 in fees where the agency finds that the requester has met the requirements under OIP’s administrative rules for a public interest waiver, as detailed below. “Allowable fees.” An agency may charge fees as follows: (1) Fees for search, review, and segregation of the record(s), with the first $30 of the total waived, calculated as follows: (a) For search: $2.50 per 15 minutes or fraction thereof; and (b) For review/segregation: $5 per 15 minutes or fraction thereof. (2) Any other lawful fees.

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Response time

See also: Request response times by state

The law allows agencies 10 business days to respond to records requests, with an exception for unusual circumstances which may extend the response time up 20 days. According to Hawaii Revised Statutes Section 92F-23:

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Upon the request of an individual to gain access to the individual’s personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the request by the agency unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions to the Hawaii Uniform Information Practices Act are outlined in Hawaii Revised Statutes Section 92F-22:

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An agency is not required by this part to grant an individual access to personal records, or information in such records: (1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of: (A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or (B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision. (2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality. (3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process. (4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual. (5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege.

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See also

• Freedom of Information Act

External links

• Hawaii Revised Statutes
• Hawaii State Archives
• Hawaii Office of Information Practices
• Hawaii Office of Information Practices - Q&A
• Hawaii Office of Information Practices - Guide to Hawaii’s Uniform Information Practices Act