Hawaii Film Blog

Thursday, December 07, 2006

Confidentiality Policy for 15-20% Film Tax Credit Forms

The Hawaii State Attorney General's Office and the Office of Information Practices recently issued formal written opinions on the confidentiality of the forms related to claiming the 15-20% Motion Picture, Digital Media, and Film Production Income Tax Credit. These forms include the Production Registration Form and the Hawaii Production Report which are submitted to the Hawaii Film Office for processing.

Please be aware that information submitted on these forms is subject to public disclosure, with the exception of budget and expenditure information and individual personal contact information. If there is any other information you would like to keep confidential, you must make a special written request for confidentiality specifically identifying the information to be withheld from public disclosure and explaining why you consider it to be confidential commercial and financial information and how its disclosure would likely cause you substantial competitive harm. You must submit this request along with your Production Registration Form and Hawaii Production Report.

Here is the new disclaimer on the Production Registration Form (the disclaimer on the Hawaii Production Report is similar to this):


CONFIDENTIALITY: This application and other records related to this application may be subject to public disclosure under Hawaii's Uniform Information Practices Act ("UIPA"), Chapter 92F, Hawaii Revised Statutes, which governs public access to the records of government agencies in Hawaii. The UIPA provides certain exceptions to public disclosure. One exception allows government agencies to protect information that constitutes confidential commercial and financial information that, if disclosed, would likely cause you substantial competitive harm. See Haw. Rev. Stat. ยง 92F-13(3) (1993). Pursuant to this exception, the Hawaii Film Office will not publicly disclose budget and expenditure information submitted (under Section 8 below) for specific productions, but may disclose this information in anonymous or aggregate form. To request that other information submitted be protected under this exception, you must submit a letter with this application specifically identifying the information to be withheld from public disclosure and explaining how its disclosure would likely cause you substantial competitive harm. The Hawaii Film Office reserves the right to determine whether information submitted by you will be withheld from disclosure. You will be notified of any requests made for the disclosure of your information and whether the information will be disclosed in accordance with the UIPA.

RELATED POSTS:
>> Finally! Forms for 15-20% Film Tax Credit!
>> Two Articles About Act 88 Today

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