§346-11

Unauthorized disclosure or inspection

Fraud & financial crimes · Chapter 346 — Department of Human Services · Part I. General and Administrative Provisions

Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been acquired from the confidential records or files of the department of human services, intentionally divulges the same other than as authorized by law, or who intentionally and knowingly aids or abets in the inspection of such applications or records by any person unauthorized to inspect the same under this chapter or other provisions of law, shall be guilty of a violation. [L 1941, c 296, pt of §1; RL 1945, §4826; RL 1955, §108-6; HRS §346-11; am L 1970, c 105, §5; am L 1978, c 105, §3; gen ch 1985; am L 1987, c 339, §4]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 1941, c 296, pt of §1; RL 1945, §4826; RL 1955, §108-6; HRS §346-11; am L 1970, c 105, §5; am L 1978, c 105, §3; gen ch 1985; am L 1987, c 339, §4]

Cross references, commentary & case notes

Case Notes Confidentiality requirement insufficient to prevent administrative inspection procedures from unconstitutionally intruding into patient's freedom to decide whether to seek aid of psychiatrist and communicate personal information. 481 F. Supp. 1028 (1979).

View official source on capitol.hawaii.gov ↗