ConnecticutAncestry.org
Connecticut Ancestry Society, Inc. - Founded 1954
Promote genealogical scholarship, preserve source material, and exchange family histories.
Vital Records Alert
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ConnecticutAncestry.orgConnecticut Ancestry Society, Inc. - Founded 1954Promote genealogical scholarship, preserve source material, and exchange family histories. Vital Records Alert |
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The letter to the right was received by Connecticut Ancestry Society, Inc. as a registered, incorporated, genealogical society in the state of Connecticut. A downloadable version of the letter can be obtained here. Unfortunately, the letter was received after publication of our most recent Journal. We will continue to report on this situation here on our website. We ask all our members to please be courteous and patient as local registrars endeavor to comply with these conflicting laws. To Members of Connecticut Ancestry Society: Unfortunately, the fact that social security numbers appear on some Connecticut vital records has created a situation where access to vital records by members of Connecticut genealogical societies is legal under Connecticut law but illegal under United States law, if social security numbers are part of the vital record. Moreover, unfettered access to any area that contains social security number information has now been deemed to be off-limits to genealogists, period. Our members should know that the Connecticut State Department of Health Vital Records Section is addressing this situation on an urgent basis, with the intention of restoring as much access by genealogists as possible, as demonstrated by Registrar Elizabeth Frugale's letter of 7 November 2007. Connecticut Ancestry Society will also be working with the Town Clerks Association to assist in any way it can to develop the best long-term solution to this problem. The most difficult part of any solution will be the segregating of certain vital records that have heretofore been kept in a single secure storage location. In the meantime, our members are advised to have patience and faith that the State and the local registrars have their interests in mind and will return genealogical access to as normal as possible as soon as possible. The situation in the local towns and cities will probably vary widely for some time to come and calling the municipality ahead of time as Ms. Frugale's letter suggests is highly recommended. Members that have specific and urgent problems in this area should contact CAS President Rick Roof and/or Genealogist Fred Hart for suggestions and forwarding of their concerns.
Frederick C. Hart, Jr., CG, FASG Others Working to Help: Updated 21-Mar-2008 - The Association of Professional Genealogists delivered the following press release: FOR IMMEDIATE RELEASE GENEALOGISTS PUSH FOR OPEN RECORDS 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.
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MEMORANDUM
TO: Connecticut Genealogists We recently received important information from the Office of the Attorney General that affects genealogists' access to vital records. The issue derives from the provisions of federal law 42 U.S.C. § 405(c)(2)(C).1 This law restricts the disclosure of social security numbers that are obtained by authorized persons pursuant to any provision of law, enacted on or after October 1, 1990. In Connecticut, the State is required to collect the parents' social security numbers for birth certificates pursuant to a law enacted on November 1, 1990. For marriages and deaths, the relevant law was enacted on July 1, 1997, and for civil unions, on October 1, 2005. For these records, the federal law restricts release of the social security numbers to anyone, except for child support enforcement purposes. The law contains no exception to release the social security numbers for genealogical purposes. Upon learning of this federal restriction regarding the release of social security numbers, we requested the advice of the Attorney General inquiring as to whether federal law 42 U.S.C. § 405(c)(2)(C)(viii)(I) could be reconciled with Connecticut General Statute § 7-51a that allows genealogists complete and direct access to most vital records, and thus access to the social security numbers listed on the records. The answer is that the two statutes cannot be reconciled - a registrar cannot comply with § 7-51a giving genealogists unfettered access to vital records and at the same time prohibit disclosure of the social security numbers. As in this case, when state and federal law conflict, the supremacy clause of the United States Constitution, U.S. Const., Art. VI, clause 2, requires that federal law preempt state law.2 Therefore, based upon the legal advice of the Attorney General, we are required to restrict genealogists' access to the social security numbers listed on birth records from November 1, 1990 to present, and from marriage, civil union, and death records from July 1, 1997 to present. Note that although genealogists will no longer have direct access to birth records after November 1, 1990 and, marriage, civil union and death records after July 1, 1997, genealogists are entitled to directly access birth, marriage and death indexes for these years, and obtain certified copies of these records with the social security numbers redacted. In addition to limiting direct access to the aforementioned birth, marriage, civil union and death records, federal law 42 U.S.C. § 405(c)(2)(C) creates another problem. How can the state and local registrars separate those records containing restricted social security numbers from the rest of the records that remain accessible to genealogists? At the State Vital Records Office, this can be accomplished by storing the microfilmed records containing the protected information in a secure area. However, at the local vital records offices - where vital records are stored in paper format - the problem is more complicated. The large volume of affected records requires a tremendous amount of storage space, yet at most of the local vital records offices, space is limited. In an effort to meet the federal requirements, while at the same time allowing genealogists as much access to vital records as possible, we are requiring all local registrars to submit a plan to our office by December 1, 2007, indicating how they will meet these two objectives. Prior to the implementation of the plan, however, some local offices may need to temporarily suspend genealogy research on site. It is our expectation that if a town does need to close its office to genealogists, it will be for a very brief period. Local registrars are giving this matter their immediate attention and will be submitting a plan to this office by December 1, 2007. If you are planning to visit a local vital records office to do research in the next few weeks, we suggest that you call ahead to ensure that you will be granted access. We regret the inconvenience, and will work to resolve this issue as quickly as possibly. In the meantime, please note that access to the vault at the State Vital Records remains accessible by appointment. To schedule an appointment, you may call (860) 509-7955. 1. 42 U.S.C. § 405(c)(2)(C) provides in pertinent part:
2. Article Six, Clause 2, of the Constitution of the United States provides in part:
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