HAR §8-6-4. Review procedures concerning access and correction

(a) An employee, student, parent, or library patron who has been refused access to, or correction or amendment of, a personal record may submit a written request to the superintendent of education or the state librarian for a review of the refusal to allow access to, or correction or amendment of, a personal record. (b) Not later than thirty days after receiving a request for a review of a refusal to allow access to, or correction or amendment of, a personal record, the superintendent of education or the state librarian, or their respective designee, shall make a final determination. (c) If the superintendent of education or the state librarian, or their respective designee, refuses upon final determination to allow access to, or correction or amendment of, a personal record, the superintendent of education or the state librarian, or their respective designee, shall so state in writing, and: (1) Permit, whenever appropriate, the employee,student, parent, or library patron to file in the record a concise statement setting forth the reasons for disagreement with the refusal of the department to allow access to, or to correct or amend it; and (2)Notify the employee, student, parent, or library patron of the applicable procedures for obtaining appropriate judicial remedy. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§92E, 302A-1112) 　 §8-6-5 Exemptions and limitations on employee, student, parent, or library patron access. The department is not required to grant an employee, student, parent, or library patron access to personal records or information when: (1) The disclosure would reveal the identity of a source who furnished information to the department under an expressed or implied promise of confidentiality. (2)Records consist of testing or examination material or scoring keys solely to determine 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. (3)Records include investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the employee, student, parent, or library patron. (4)Required to be withheld from the employee, student, parent, or library patron to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§92E, 302A-1112)