That Moment in Time: April 2018

When Facebook CEO Mark Zuckerberg testified before the US Congress he said that Facebook would apply the European Union General Data Protection Regulation globally , "in spirit". Recently, Reuters News Agency learned that Facebook will change its terms of service next month for those not in the European Union and covered by their international headquarters in Ireland. Excluding the United States and Canada, which are covered by their terms of service in the United States, that effects over 70 percent of Facebook's 2 billion members—1.5 billion members in Africa, Asia, Australia and Latin America will not fall under the EU's GDPR. This move by Facebook is to reduce the company's exposure to the GDPR which carries large fines for collecting or using personal data without the user's consent.

Facebook said in a statement that it plans to make the privacy controls and settings that Europe will get under the GDPR available to the rest of the world. Additionally, they apply the same privacy protections everywhere whether the agreement is with Facebook, Inc. or Facebook, Ireland.

However, as Reuter's reported the 1.5 billion non-EU affected Facebook subscribers will not be able to appeal to European data protection authorities to uphold EU rules, including the “right to be forgotten". They will be governed by U.S. privacy laws, which currently are less stringent than those in the EU. Note: As reported previously by the IAJGS Records Access Alert, there is legislation before the US Congress and in California regarding some privacy provisions but are not yet enacted.

Reuters reported that Facebook is not the only company that is changing its terms of service. LinkedIn will also move their non-Europeans to contracts with U.S. based LinkedIn Corp. LinkedIn is a unit of Microsoft Corp.

To read the Reuters article see: https://tinyurl.com/ybhm3pto

Original url:

https://www.reuters.com/article/us-facebook-privacy-eu-exclusive/exclusive-facebook-to-put-1-5-billion-users-out-of-reach-of-new-eu-privacy-law-idUSKBN1HQ00P

To read the previous postings Facebook, GDPR and more on privacy go to the archives of the IAJGS Records Access Alert at: http://lists.iajgs.org/mailman/private/records-access-alerts/. You must be registered to access the archives. To register go to: http://lists.iajgs.org/mailman/listinfo/records-access-alerts and follow the instructions to enter your email address, full name and which genealogical organization with whom you are affiliated You will receive an email response that you have to reply to or the subscription will not be finalized.

An embattled nursing home whose license may be revoked requested copies of all death certs resulting from Hurricane Irma deaths and the Florida Department of Health declined saying the request is under the Department's jurisdiction for vital records not the state's public records law. A judge ruled differently and in favor of the nursing home saying death records are public records under a state open-government law.

“The records requested by petitioner (the nursing home) are subject to Florida’s Public Record Act … and there is no applicable statutory exemption to permit their withholding from release,” wrote Lewis, who held a hearing in the case this week."

The Department of Health contended the large number of certs requested made it a research request and the Nursing Home did not meet the criteria for researchers.

"Whereas anyone may request and receive a redacted death certificate (under part of state law), only certain people and entities may receive the type of general data that would allow research to be conducted,” the motion said. “Such data … is far more broad than simply one or two specifically requested death certificates. The only possible purpose for this subsection (of law) is to regulate who may obtain large swaths of data derived from death certificates and other such records.” The motion said the nursing home is “not the type of entity which may receive this data.” "

In 1992 the Florida Attorney general was asked if a clerk of the court could record a copy of a death certificate in the official records when the record may contain information made confidential by a state statute (382.008(6), F.S.) The decision rendered said, "absent statutory authority or judicial direction, the clerk may not accept and record death certificates into the official records." Further the AG stated , "Section 382.008(6), F.S., makes the cause-of-death section of all death records and the parentage, marital status, and medical information included in all fetal death records confidential and exempt from the disclosure provisions of s. 119.07(1), F.S., except as provided in s. 382.025(4), F.S. Section 382.025(4), F.S., allows a copy of the death certificate or fetal death certificate, including the confidential portions, to be issued to specific individuals or entities, such as the registrant's immediate family or guardian." See AG opinion at: http://myfloridalegal.com/ago.nsf/Opinions/CCD5E6314CD6EF57852562A7005243BE

The judge further wrote the department could require the nursing home (petitioner) to use a form to request the records but “it cannot require that petitioner request each death certificate by name. Petitioner, using the prescribed form, may request these records with the information it has, which may only include a date range, and respondent (the Department of Health) must produce the applicable, responsive records.”

For more information regarding the April decision See: http://sunshinestatenews.com/story/judge-backs-broward-nursing-home-death-records

It is not known at this time whether the Florida Department of Health will appeal the ruling, or whether the ruling will impact death certificates overall, or only apply to this one case.

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

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Identification of the Training Farm at the Pikedale Soldiers’ Settlement Qld State Archives

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The story of 3 Hellyer brothers: Eric, part 1 chasingskeletons

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That Moment in Time

Gwalia Ghost Town (Western Australia), FREE interactive charts, 72 years apart, Amish Funeral Pie, NSW Deceased Estate Files, Coffin Birth, right to 'be forgotten', banished Irish priest, ruthless evictions, incredible story of survival, Jew saved thousands, ‘forgotten’ famine 1925, drowned forest, first Coolgardie marriages,

Mongolia melts, ancient Peruvian drawings found by drone, Titanic anniversary, deciphering old military photographs, The Spruce Goose, Rhubarb’s sick beats, knife for prosthetic limb,

https://thatmomentintime-crissouli.blogspot.com/2018/04/friday-fossicking-20th-april-2018.html

Confessions of a Bibliophile

hilarious book reviews, classic novel turns 75, Rare books, lists of best authors... or are they?, banned books..

https://crissoulisbookspot.blogspot.com.au/2018/04/turning-pages.html

Irish Graves

Additions to..

St. Peter’s Cemetery, Richmond Regional NSW thanks to Brett Andrew Woods & Kevin Banister

Thirlmere Cemetery, thanks to Brett Andrew Woods

Forster, thanks to Paddy Corr

Old Adaminaby, thanks to Paddy Corr

NEW SOUTH WALES Regional

http://irishgraves.blogspot.com.au/p/biographies.html

Camperdown, NSW Metro thanks to Wayne Hill

Ryde, NSW Metro thanks to Kerry Mahony

St. Bartholomew’s, Prospect thanks to Noelene Harris

http://irishgraves.blogspot.com.au/p/new-south-wales.html

http://irishgraves.blogspot.com.au/p/biographies.html

Apollo Bay, Victoria thanks to Rika Cable

Riddles Creek, Victoria, thanks to Veronica Falkland

Woodend, Victoria, thanks to Veronica Falkland

Melbourne General, Victoria, thanks to Helen Smith

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http://irishgraves.blogspot.com.au/p/biographies.html

Headlines of Old

More Than A Splash In History! Trove Tuesday, 24th April, 2018, Bernard Bede Kieran, "Sobraon", Dick Cavill, Annie Mackin, "Surrey" shipping list 1875, Co Louth, Patrick Kieran, Gore Hill Cemetery, floating school, Cockatoo Island, Centenary Hall York St., Sydney, W.Hilton Mitchell,

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