Open Access to Public Records: A Genealogical Perspective

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            In a post 9/11 world, the new millennium is faced with two significant social developments. First, the concern over the proliferation of personal information now made available and second, the need to legitimately identify a country’s citizens through official records that support that claim.

These seemingly competing issues present a significant challenge for local, state and federal lawmakers as they strive to ensure national security, combat terrorism and respond to the privacy needs of their electorate.  The genealogical community is in complete support of lawmakers protecting sensitive information from misuse by those perpetrating crimes of identity theft or other illicit activities.

            The Records Preservation and Access Committee (RPAC), a joint committee of the Federation of Genealogical Societies and the National Genealogical Society is leading the genealogical community to openly share perspectives on these vital issues and add their support to fostering education between lawmakers and genealogists. The committee believes that open communication between the nation’s genealogists and lawmakers can strike a reasonable balance between the public’s right to know while maintaining the lawmaker’s responsibility to its constituents. 

           This document is a project by the RPAC to provide information to lawmakers and those called to implement legislation about the genealogical community’s perspective of open access to records.

           We envision that this will be a living document. Updates and corrections are welcomed and should be submitted to access@fgs.org . 

This version has been approved by the Boards of Directors of the Federation of Genealogical Societies and the National Genealogical Society.  At the time of posting, it has also been endorsed by IAJGS. 

The Federation of Genealogical Societies is a nationwide umbrella organization of nearly 600 member societies representing the interests of over one million genealogists.  The National Genealogical Society represents the national interests of genealogy in the United States with a membership in excess of ten thousand.  The Records Preservation and Access Committee also includes representatives from the Association of Professional Genealogists, the Board for Certification of Genealogists, and the International Association of Jewish Genealogical Societies.

Permission is granted for genealogical organizations to locally reproduce in its entirety the attached PDF version of the White Paper.

RPAC Brochure–The Case for Open Public Records

The Records Preservation and Access Committee have developed a tri-fold brochure entitled “The Case for Open Public Records.”

Special thanks are in order to President Jan Alpert of the National Genealogical Society for her role in coordinating the project and NGS for sponsoring the design of the brochure. We also thank Heather Henderson of Ancestral Origins for the graphic design of the brochure (and for her patience in managing the numerous edits of its content.) Copies of the printed brochure are available at 12 cents each plus shipping by contacting janalpert@aol.com.

We also want to thank the members of the RPAC committee who contributed information and provided editing support.

Permission is granted for genealogical organizations to locally reproduce in its entirety the attached PDF version of the brochure.

PAHR proposed to increase federal support for state and local archival records held by government agencies, historical societies, libraries, and related organizations. This initiative would establish a program of formula-based grants to states for re-grants and statewide services to support preservations and use of historical records. The program, to be administered by the National Archives, will provide a total of $50 million per year nationwide. Each state would receive a portion of these funds for redistribution to organizations within its borders. This program would be in addition to the existing national grants program within the National Historical Publications and Records Commission.

How can you help?

Contact your Representative in Congress and urge them to sign on as an original sponsor of PAHR. Write a few sentences telling him or her how PAHR would help his or her constituents — you! (Tell them how vital it is to have records preserved and available to the public.) Also, spread the word about this action alert!

Time is critical. Deadline for action is Saturday, May 10.

Faxing your Representative is the preferred method of communication. The Humanities Advocacy Network maintains a website with all of the contact information for legislators: http://www.humanitiesadvocacy.org/action_ctr.html

Further information about PAHR, including the bill, background information, and the amount of funding for each state can be found at:

http://www.archivists.org/pahr/

Since Lithuania was no longer under the yoke of  the Soviet Union, the
privacy law of the Lithuanian Archives was 50 years for death records and 70
years for all other records. As of January 1, 2005  Lithuania was accepted as a
member of the European Union and had to adopt their  privacy law which was 50
years for death records and 100 years for other  records.

Several months ago, the privacy law was changed. We do not know what
triggered the change but it was a welcome change never the less. The 50 year
requirement on death records, and the 100  year restriction on birth records,
remained in place. However, the 100 year  restriction on marriage and divorce
records reverted back to the 70 year law.

GENEALOGISTS PUSH FOR OPEN RECORDS
Formation of the Keeping Genealogical Records Open Workgroup (KGROW)

WESTMINSTER, Colo., March 21 – The Association of Professional Genealogists (APG) contends that there is no proof that open records significantly contribute to ID theft or terrorism. In a position paper that outlines the case for open public records, APG asserts that open records are rarely used by identification thieves and maintains that the benefit of open access to records far outweighs any potential abuse.

APG has joined forces with other genealogical organizations including the National Genealogical Society (NGS), The Federation of Genealogical Societies (FGS) and the International Association of Jewish Genealogical Societies (IAJGS) in endorsing the position paper and calling on legislators to keep records open.

“Public records allow genealogists and other professionals such as medical researchers, journalists, historians and academic researchers to do their jobs,” explains APG President, Jake Gehring. He urges that “concerned citizens tell their representatives that they want to keep public records open.”

A group of professional genealogists within APG formed the Keeping Genealogical Records Open Workgroup (KGROW) in 2007 and prepared the position paper. Melinde Lutz Sanborn, FASG (Fellow, American Society of Genealogists) and member of the committee, says, “Open records and transparency in government are the best protections we have against twenty-first century fraud.”

The KGROW committee recommends in their paper that “lawmakers respond to the ID theft problem, not try to prevent a nonexistent problem.” Further, they encourage “private companies and government improve their protection of personal data.” The Case for Open Public Records position paper is available on the APG website at http://apgen.org/publications/press.

The Association of Professional Genealogists is an independent organization whose worldwide members number over 1,800. The group’s principal purpose is to support professional genealogists in all phases of their work: from the amateur genealogist wishing to turn knowledge and skill into a vocation, to the experienced professional seeking to exchange ideas with colleagues and to upgrade the profession as a whole.

Contact: Kathleen W. Hinckley, CG, Executive Director,
Association of Professional Genealogists
P.O. Box 350998, Westminster, CO 80035-0998
Phone 303-422-9371, fax 303-456-8825, e-mail admin@apgen.org

The article can be found at: http://www.cjog.net/documents/AP_Sunshine_Week_Reports.pdf

http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A326

It keeps the same guidelines for genealogical (non-certified) copies: available 80 years after a birth, 50 years after a marriage, and 40 years after a death.

However, Section 2 states, “Vital records shall not be deemed to be a public or government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et seq.).”

Further, Section 5 states, “A person or entity that uses, transfers, sells, shares or otherwise discloses any information as described in subsection b. of section 3 of this act in a manner that is not authorized under the provisions of this act or any other law shall be guilty of a crime of the fourth degree and shall thereafter be prohibited from making application to obtain any such information pursuant to this act.” It is unclear what would be the implications would be to genealogists using or sharing vital records.

Bill A326 is sponsored by Assemblywoman Joan M. Quigley (District 32, Bergen and Hudson) and Assemblywoman Nellie Pou (District 35, Bergen and Passaic); it is co-sponsored by Assemblywoman Vainieri Huttle.

Link to H 397: http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-397.HTM

Link to S 319: http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/bills/intro/S-319.HTM

H 397 had a second hearing on February 1; S 319 will have its second reading very soon.

Representative Peg Flory, a member of the Vermont Judiciary Committee, has informed RPAC that the intent of the bill is to redact the information from the public copy at the Town Clerks offices, but that the information would be left on the copy at the Department of Health. According to Rep. Flory, “I expect we will be working to rewrite the bill so that it clearly gives access to anyone through the Dept. of Health.”

The Senate has not received the House Bill yet; the Government Operations office explained that they will wait until receipt of the bill to set the hearing date and to see what amendments have been made.

David Rencher, RPAC Chair, sent a letter from RPAC to Representative William J. Lippert, Chair of the Judiciary Committee, explaining RPAC’s position on the importance of keeping the Social Security numbers and the cause of death on the certificates. (Read a copy of the RPAC letter.)

RPAC member Jan Meisels Allen sent a letter from the International Association of Jewish Genealogical Societies. (Read a copy of the IAJGS letter.)

RPAC will keep you updated with developments on these bills.