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To: MissTickly

I made UIPA requests but not for the BC. I do genealogy so I’m well aware of the rules about issuing BCs to family members only. I now know that they lied to me about not having the document I requested.


2,224 posted on 10/25/2010 12:20:04 PM PDT by Jonah Vark (Any 5th grader knows that the Constitution declares the separation of powers.)
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To: Jonah Vark

If you want to cite the UIPA to request Obama’s LFBC, do so under §92F-14: “Significant privacy interest; examples. (a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interests of the individual.”

Mention that the website, http://hawaii.gov/health/vital-records/obama.html, acknowledges the public interest: “Below are responses to frequently asked questions related to all records and documents maintained by the Hawaii State Department of Health (DOH) related to the vital records of President Barack Hussein Obama II.”

The same page mentions UPIA 92F-13 which says, “This part shall not require disclosure of: “(4)Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure;” While it doesn’t require disclosure, it doesn’t prohibit disclosures either, and that the DOH should comply with the overall UIPA policy, expressed in 92F-2: “(1)Promote the public interest in disclosure;” “(3)Enhance governmental accountability through a general policy of access to government records;” and “(5) Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy.”

As you can see in part 5, the general rule is to allow access unless it would contsitute a clearly unwarranted invasion of privacy, but this is outweighed by public interest, which the DOH acknowledges. The DOH has NO legitimate reason to deny the release of this record. None.


2,236 posted on 10/25/2010 12:40:24 PM PDT by edge919
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