No Records of Instructions They Follow
From: Nellie (redacted)
Sent: Tuesday, December 22, 2009 7:34 AM
To: Okubo, Janice S.
Subject: UIPA Request
Aloha, Ms Okubo.
Pursuant to UIPA, I request an electronic copy of a screenshot of the dates that President Obama’s birth record was filed within the NR file, Pending file, HBC file, DBC file, and/or Unrec. BC file, as well as documents defining those terms and the procedures and criteria for filing information with those particluar classifications.
According to HRS 338-1, “Public health statistics” includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, fetal deaths, morbidity, marital status, and data incidental thereto.”
And according to HRS 338-18(b), “The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record.” This does not forbid non-certified copies nor the disclosure of information from these records. In both section (a) and (b) inspection of the record is mentioned as distinct from seeing a copy of it, thus indicating that inspection of the record is actually seeing the record in person. The language in section (b) contrasts with that of section a (pertaining to the vital records themselves) forbidding any copies of the vital record at all, except as provided by law or DOH rules (which ultimately even allow abbreviated copies of vital records certificates to be given to anyone, as long as the copies are not certified – thus making a huge distinction between certified and non-certified copies). HRS 338-18(b) forbids only the issuance of CERTIFIED copies to someone not having a direct and tangible interest in the record.
I prefer to receive the electronic copy via e-mail to (redacted) .
—– Original Message —–
From: Okubo, Janice S.
To: Nellie (redacted)
Sent: Tuesday, January 05, 2010 6:06 PM
Subject: RE: UIPA Request
Aloha Ms. (redacted),
Regarding your request for a “screenshot,” we do not have a record responsive to your request. The UIPA does not require an agency to compile or create information to response to a request.
Regarding your request for documents defining terms and procedures and criteria for filing information, we do not have a record responsive to your request.