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No basis for
charges over releasing
Arakawa info,
lawyer says

The DUI suspect's address
and Social Security number
were revealed by an official

---

By Debra Barayuga
Star-Bulletin

There appears no basis for possible criminal charges against the head of the state Driver's License Revocation office for releasing personal information about retired police officer Clyde Arakawa, according to a state attorney.

Police said yesterday they are investigating possible criminal charges against Ronald Sakata, chief adjudicator of the agency. The agency administratively reviews and revokes driver's licenses of motorists suspected of driving while intoxicated, involved in a traffic accident or who refuse to submit to breath or blood tests.

Lt. Connie Shaw-Fujii, head of the Criminal Investigation Division, said they are looking into any violation of 92-F, the state Uniform Information Practices Act, and whether the release of personal information violated any laws.

"I can't imagine what it is" that police are looking for, said Deputy Attorney General John Dellera, who successfully argued for the dismissal of a federal lawsuit earlier this week that claimed Sakata improperly released information about Arakawa to the public.

Arakawa is accused of driving while intoxicated Oct. 8 when his car collided with another car, killing 19-year-old Dana Ambrose.

Police recently completed their investigation into the collision, and prosecutors are trying to decide whether criminal charges against Arakawa are warranted.

Dellera said that under 92F-16, if Sakata released the information by mistake or if he acted in good faith and with no malice, he is immune from civil and criminal liability.

But if an individual knowingly discloses confidential information that he knows is prohibited, that is a misdemeanor, Dellera said.

In the federal suit filed against Sakata, Arakawa contended that disclosure of personal information -- his address, Social Security number and date of birth -- violated his privacy and his rights regarding the maintenance of his records under 92F.

U.S. District Judge David A. Ezra dismissed the suit, saying that although Arakawa may have a right to privacy concerning his Social Security number, Sakata did not violate any law barring its release.

Furthermore, Sakata, as a state official, was covered by "qualified immunity" -- which makes government officials immune to lawsuits unless they violate clearly established rules.

Michael Ostendorp, Arakawa's attorney, said he will not appeal the courts ruling because Sakata's office is no longer releasing personal information when opening files to the public.

"We filed the lawsuit and wanted them to change the procedure. They changed the procedure. We achieved our goal even if the case was dismissed," he said.

Ostendorp said he believes there is a concern that there is a double standard applied to police officers.

He has received calls from officers from as far as the Big Island complaining about the release of Arakawa's Social Security number, particularly when not everyone's Social Security number is disclosed.

"It seems like (Arakawa) had less rights than the average citizen," Ostendorp said.