IDENTITY OF SUSPECT IN CRIMINAL INVESTIGATION MUST BE DISCLOSED
In this Opinion Letter dated October 7, 1992; the Dept. of the Attorney General’s Office of Information Practices (OIP) for the State of Hawaii has issued an Advisory Opinion in response to a request from the Deputy County Attorney for guidance on the disclosure of the identity of a government employee who is the subject of a criminal investigation:
Http Www.state.hi.Us Oip Opinion Letters Opinion 92-19
Whether, under the UIPA, the Kauai Police Department ("KPD")should, upon request, disclose the identity of a suspect currently being investigated for having committed a criminal offense, when that person has not been arrested, charged, or indicted for having committed the offense.
The UIPA provides that an individual has a significant privacy interest in "[i]nformation identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation."
Haw. Rev. Stat. § 92F-14(b)(2) (Supp. 1991).
The legislative history of the UIPA's privacy exception indicates that the exception only applies if an individual's privacy interest in a government record is "significant." See id. ("[o]nce a significant privacy interest is found, the privacy interest will be balanced against the public interest in disclosure").
In section 92F-14(b), Hawaii Revised Statutes, the Legislature provided examples of information in which an individual is deemed to have a significant privacy interest:
FULL ANALYSIS HERE http://pixelpatriot.blogspot.com/2011/08/id-of-suspect-in-criminal-investigation.html