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 Barack Hussein Obama II. Frequently requested
records and documents which can be released to the public are attached
by electronic link below or, for those records and documents that are
not available electronically, directions are provided for requesting
copies.
The State’s public records law, the Uniform Information Practices Act
(Modified) (“UIPA”), found at chapter 92F, Hawaii Revised Statutes
(“HRS”) requires that all government records be open to public
inspection unless access is restricted or closed by law.
Government records means information maintained by an agency in written,
auditory, visual, electronic, or other physical form, see HRS §92F-3.
The UIPA does not require an agency to provide access to government
records that state law protects from disclosure, see, HRS §92F-13 (4),
nor does it require agencies to respond to all questions asked of the
agency.
Unless a request for DOH records is specific enough to be understood,
the request cannot be responded to by the DOH.
The DOH may not have a record which is responsive to a request. The
UIPA does not require an agency to compile or create information to
respond to a request.
State law prohibits the DOH from disclosing any vital statistics
records or information contained in such records unless the requestor
has a direct and tangible interest in the record, or as otherwise
allowed by statute or administrative rule. See HRS §338-18.
Direct and tangible interest is determined by HRS §338-18(b).
In light of the unprecedented number of requests for information
relating to the vital records of President Barack Hussein Obama II, the
DOH has reviewed the requirements of UIPA and the confidentiality
provisions of HRS Chapter 338.
Based upon that review, the DOH has determined that the information
listed below constitutes all of the publicly available information
related to requests for vital statistics records pertaining to President
Barack Hussein Obama II, and the only disclosures pertaining to those
records that can be made in accordance with Hawaii law. The
Department of Health is providing links to copies of the records in the
form that they are available to the public.
1. Birth Certificate or Certificate of Live Birth
State law prohibits the DOH for disclosing any information about
a Hawaii vital record unless the requestor has a direct and tangible
interest in the record. This includes verification of vital
records and all the information contained in a record. Vital
records disclosure laws protect all birth, death, marriage and
divorce records held by the department and all amendments, changes,
supporting records, and requests related to vital records.
Direct and tangible interest is determined by HRS §338-18(b).
This statute may be accessed on the state legislative website at:
http://www.capitol.hawaii.gov/hrscurrent/Vol06/Ch0321-0344/HRS0338/HRS
0338-0018.htm
The law that governs vital records in the State of Hawaii is
Hawaii Revised Statutes chapter 338, which may be accessed on the
state legislature website at:
http://www:capitol.hawaii.gov/hrscurrent/
Information on how to order certified copies of vital records in
Hawaii and who is eligible to order vital records in Hawaii, is
available on the DOH website at:
http://hawaii.gov/health/vital-records/vital-records/index.html
2. Index Data
Haw. Rev. Stat. §338-18(d) states, “Index data consisting of name
and sex of the registrant, type of vital event, and such other data
as the director may authorize shall be made available to the
public.” Refer to link above for HRS §338-18.
Index data consisting of name and sex of the registrant, and type
of event is made available to the public. The director, in
accordance with HRS §338-18(d), has not authorized any other data to
be made available to the public.
Index data referred to in HRS §338-18 from vital records in the
State of Hawaii is available for inspection at the Department of
Health’s Office of Health Status Monitoring at 1250 Punchbowl Street
in Honolulu. The public may sign in and inspect the names and
sex of all births that occurred in the state. Data is
maintained in bound copies by type of event with names listed
alphabetically by last name.
The index data regarding President Obama is:
Birth Index
Obama II, Barack Hussein
Male
To request index data, provide a first and last name of the
individual, and the type of event. There is no cost for the
first two requests; all subsequent requests require a prepayment of
$7.50 per individual and event requested along with a
self-addressed, stamped envelope. Only a money order,
certified check, or cashier’s check (make money order and checks
payable to the State Department of Health) will be accepted.
Personal checks will not be accepted. All fees are
non-refundable; if no data is found after a search is conducted, the
fees are retained to cover the cost of the search. Requests
for index data will be sent out within 2-3 weeks after receipt of
payment.
Prepayment and a written request including a first and last name
and type of event along with a self-addressed, stamped envelope may
be mailed to:
State Department of Health
Office of Health Status
Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801
3. All past statements by the Health Director are available at:
http://hawaii.gov/health/about/pr/2008/08-93.pdf
http://hawaii.gov/health/about/pr/2009/09-063.pdf
The statements speak for themselves and there are no other public
records maintained by the department related to these statements
that are available to the public.
4. All records on department regulations and rules related to
vital records are at:
http://gen.doh.hawaii.gov/sites/har/admrules/default.aspx
These records consist of:
Public Health Regulations Chapter 8 (Vital Records
Regulations and Records)
Public Health Regulations Chapter
8A (Delayed Birth Registration)
Public Health Regulations Chapter
8B (Vital Statistics Regulations and Records)
Hawaii
Administrative Rules, Title 11 Department of Health Chapter 120
(Foreign Born Persons Adopted in Hawaii)
Hawaii Administrative
Rules, Title 11 Department of Health Chapter 123 (Names of
Natural Parents in Birth Certificate of Adopted Person)
If you would like to have a hard copy of the rules sent to you by
mail or by facsimile, please send a prepayment of $10.00 along with
your written request to:
State Department of Health
Office of Health Status
Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801