Administrative Procedure 9.025 Administrative Procedure 9.025

Access to Personal Records

Administrative Procedure Chapter 9, Human Resources
Administrative Procedure AP 9.025, Access to Personal Records
Effective Date:  March 2024
Prior Dates Amended:  October 1988
Responsible Office: Office of the Vice President for Administration
Governing Board and/or Executive Policy: Executive Policy Chapter 9, EP 9.175, Executive Policy Chapter 2, EP 2.216
Review Date:  March 2027

To provide procedures in accordance with Chapter 92F, Hawai‘i Revised Statutes, that provide an individual access to personal records maintained by the University and provide an individual the opportunity to request correction of a record when there is evidence of a factual error, misrepresentation, or misleading entry.

Personal record: Any item, collection, or grouping of information about an employee that is maintained by the University of Hawai‘i.

1. Vice Presidents, the Provost, Chancellors, Deans and Directors shall designate an office on their respective campuses to which all requests for records will be sent and appoint a designee within that office who will be responsible for administering this procedure (Designee for Personal Records).


2. Employee Access to Personal Records.


1. An individual desiring to inspect and review their personal record shall adhere to the following procedures:


1. The employee shall provide a properly executed Request for Personal Record Information to the office designated to receive such requests.


2. The Designee for Personal Records shall make a reasonable effort to verify the identity of the employee requesting to inspect their personal records.


3. Upon completion of the inspection and review of the personal record, the employee shall confirm review of the personal record.


4. The Designee for Personal Records must comply with the employee’s request within ten (10) working days following the date of receipt of the request. The ten (10)-day period may be extended for an additional twenty (20) working days if the University provides to the employee within the initial ten (10) working days a written explanation of unusual circumstances causing the delay.


5. Should the employee request an explanation or interpretation of the personal record, the Designee for Personal Records shall assist the employee in obtaining such an explanation or interpretation.


6. A record of disclosure of personal records shall be maintained by the Designee for Personal Records.


7. Upon request, copies of any portion of the employee’s personal record shall be provided within the time period prescribed in subsection 1) above. At the discretion of the Designee for Personal Records, employees may be charged for any copies and for certification of copies. The cost shall include the cost of duplication, transcription of the record, if necessary, and any search required to find the records involved. The employee may also request a digital copy of requested personal records, to be made available by the designee within the time period prescribed in subsection d.


3. Exemptions and Limitations on Employee Access.


1. An employee may be denied access to the record if the employee is unable to produce verification of identity in accordance with this procedure;


2. An employee may be denied access to personal records, or information in such records as noted in section 92F-22, Hawai‘i Revised Statutes.


3. Nothing in this procedure shall be construed to permit or require the University to withhold or deny access to a personal record, or any information in a personal record where any statute, administrative rule, rule of court, judicial decision or other law authorizes or allows an individual to gain access to their personal record.


4. Correction or Amendment of Personal Record.


1. After reviewing their record, an employee who believes their personal record contains information which contains a factual error, misrepresentation, or misleading entry may request the University to amend such records.


2. The individual shall file a Request for Correction or Amendment of Personal Record.


3. Within twenty (20) working days after receipt of the request, the designee for personal records shall acknowledge receipt of the request in writing and promptly:


1. Make the requested correction or amendment; or


2. Inform the employee in writing of their refusal to correct or amend the personal record, the reason for refusal, and the University procedures for review of the refusal.


5. Procedure for Review of Denial for Access or Correction.


1. Following a denial of a request for access to or correction of a personal record, the affected individual may file a request for review of the decision of the designee for personal records.


2. A request for review shall be filed in writing with the Office of the President within twenty (20) working days after the date of the Designee for Personal Record's denial and shall concisely explain why the determination was in error.


3. Within thirty (30) working days after receipt of the request for review, the President or the President's Designee shall respond to the request in writing.


4. If the denial is affirmed, the President or the President’s designee shall state the reasons in writing and (1) allow the individual to submit a rebuttal statement for inclusion in the record and (2) inform the individual of their right to seek judicial review pursuant to Section 92F-27 and 92F-27.5, HRS.


6. Retention of Personal Records. Retention of employee personal records is in accordance with Executive Policy EP 2.216, Institutional Records Management.

There is no administrative specific delegation of authority.

Office of the Vice President for Administration.

EP9.175, Personnel Records Management.
EP2.216, Intuitional Records Management

Request for Personal Record Information

Request for Correction or Amendment of Personal Record