Gov. David Ige has approved a new exemption from the state open records law that will withhold government records from the public if releasing the information "would create a substantial and demonstrable risk of physical harm" to a person.

Advocates for open records are skeptical about the need for the measure, since existing privacy requirements already bar the government from releasing sensitive personal information such as home addresses.

House Bill 287 was proposed by the state Judiciary, which initially asked state lawmakers this year to impose far more sweeping restrictions on records that can be released under the open records law known as the Uniform Information Practices Act.

Susan Pang Gochros, chief staff attorney and head of the Judiciary’s Department of International and Community Relations, said there was no specific incident that prompted the Judiciary to seek the extra restrictions under the state open records law.

However, she said in a written response to questions that "judges have endured threats and security concerns that serve as constant reminders of our need to promote security and safety."

While state law makes clear that government records cannot be disclosed if disclosure constitutes a "clearly unwarranted invasion of personal privacy," the law "does not specifically address situations where disclosure could result in a threat to one’s physical safety or security," she said in written comments.

"We think that this added guidance is helpful in determining whether records should be released and are pleased that the Legislature decided to amend the UIPA to make physical safety or security part of the consideration before releasing government records," she said.

The bill has been cited by advocates for openness in government as a sign that state lawmakers are "going in the wrong direction" on the issue of public access to government records and information.

Honolulu lawyer Jeffrey Portnoy, who specializes in First Amendment law and the Hawaii public records law, said lawmakers’ decision to adopt HB 287 and reject other bills to expand public access demonstrates "a disturbing trend." Lawmakers should instead be moving toward greater openness and access, he said.

Portnoy at times has represented the Honolulu Star-Advertiser in open records cases.

Ige signed Act 140 into law on June 25, and the measure took effect immediately.