HAR §16-54-5
HAR §16-54-5. Public access to personal records
Cite as Haw. Code R. § 16-54-5
(a) Except as provided in
subsection (b) the personal record of an individual shall not be disclosed to any
person other than the individual to whom the record pertains.
(b)
The personal record may be disclosed to a person other than the
individual to whom the record pertains if that disclosure is authorized by sections
92E-4 or 92E-13, HRS, or both provided that:
(1)
Where the person who requests access to the personal record claims
to be an authorized agent of the individual to whom the record
pertains, the division may require the agent to present written
authorization or other documentation establishing the agent's
authority to act on behalf of the individual and to obtain access to the
individual's personal record;
(2)
Information collected and maintained by the department for the
purpose of creating a record available to the general public means
information as to:
54-3
§16-54-5
(A)
Whether or not an individual is licensed or authorized to
engage in a particular profession or vocation, or to carry on a
particular type of activity or trade;
(B)
Whether or not an individual has been disciplined by the
department for any misconduct; and
(C)
Whether the individual maintains bonding or insurances and
if so, information about that coverage;
(3)
The division may require a person seeking disclosure for compelling
circumstances affecting the health or safety of any individual to
provide proof establishing those circumstances. [Eff 1/6/86] (Auth:
HRS §§26-9, 91-2, 92E-10) (Imp: HRS §§92E-4, 92E-13)