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records-access-alerts

[Records-Access-Alerts] (US-MA) Massachusetts Governor Budget Proposal to Close Births and Deaths for 90 years and Marriages for 50 Years

Massachusetts Governor Charlie Baker is proposing a draconian change in his state which has been renowned for open records since 1641:to keep birth records and death certificates closed for 90 years and marriage notices closed for 50 years.

Currently, these vital records may be viewed or purchased by the public at local town halls or city halls and the state’s records registry without waiting with few exceptions. Only a person’s parent, attorney or by judicial order are the exceptions. Another change would require the certificates to include only “information minimally necessary to establish fact of birth, death or marriage.”

The governor’s office said this would shield potentially sensitive personal information and mirror “national best practices”. This is part of the National Association of Public Health Statistics and Information Systems, (NAPHSIS) system which has never been approved by the federal government and NAPHSIS is currently considering modifying their 1992 model act which may include relaxed embargo periods to access records.

If enacted this legislation would “radically scale back access to records that could help identify health trends, boost genealogical research, and allow reporters to fact-check basic details.”

The Boston Globe article, https://www.bostonglobe.com/2020/01/30/metro/drastic-change-baker-wants-birth-death-records-secret-most-cases/, stated the Supreme Judicial Court instructed state agencies to broaden their understanding of the “public interest” when deciding requests under the state’s public record law. The decision was in response to a Globe lawsuit seeking millions of copies birth and marriage certificates — the very type of records to which Baker now wants to narrow access.

To read the governor’s proposal see:

https://budget.digital.mass.gov/govbudget/fy21/outside-section/section-42-security-of-identity-documents-and-confidential-information-9

[Records-Access-Alerts] (US-VA) Opening of Records in Library of Virginia to be Opened After 75 years

Senate Bill 1051 is being considered by the Virginia Legislature. Images of records created prior to January 1, 1901 are in the public domain. The bill would further prohibit the Commonwealth or any of its subdivisions from charging a fee for displaying the records. The records may be displayed in any format including on the internet. Those records may also be photographed, copied, scanned or otherwise reproduced. The agency charged with preservation of the records is to establish reasonable guidelines and also to provide the ability to photograph, copy, scan or otherwise reproduce such records. Copies of any photographs or digital images taken are to be provided to the Library of Virginia as well as the agency or organization where the record is held.

No provision of the bill is to be construed to authorize or require opening any records ordered to be sealed by a court on or after January 1,1901.

To read the bill see: https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB1051

The bill has been referred to the Senate Committee on General Laws and Technology. As of this posting no hearing date has been listed.

Thank you to Jan Alpert, Chairperson of the Records Preservation and Access Committee for sharing the information with us.

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

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