From roots-in@roots-l.rootsweb.com Sat Jun 10 14:25:12 2006 Received: from mail.rootsweb.com (mail.rootsweb.com [192.168.65.34]) by admin.rootsweb.com (8.12.8/8.12.8) with ESMTP id k5AKPCjb018213; Sat, 10 Jun 2006 14:25:12 -0600 Received: from roots-l.rootsweb.com (roots-l.rootsweb.com [66.43.16.22]) by mail.rootsweb.com (8.13.4/8.13.4) with ESMTP id k5AKP9tP032519 for ; Sat, 10 Jun 2006 14:25:09 -0600 Received: from roots-l.rootsweb.com (roots-l [127.0.0.1]) by roots-l.rootsweb.com (8.12.10/8.12.10) with ESMTP id k5AHnPFI021848 for ; Sat, 10 Jun 2006 13:49:25 -0400 Received: (from roots-in@localhost) by roots-l.rootsweb.com (8.12.10/8.12.8/Submit) id k5AHnPZd021847 for roots-approved@rootsweb.com; Sat, 10 Jun 2006 13:49:25 -0400 Received: from lists5.rootsweb.com (lists5.rootsweb.com [66.43.27.41]) by roots-l.rootsweb.com (8.12.10/8.12.10) with SMTP id k5AH6rFI021734 for ; Sat, 10 Jun 2006 13:06:53 -0400 Received: (from slist@localhost) by lists5.rootsweb.com (8.12.8/8.12.8) id k5AJgRfN020206 for roots-in@roots-l.rootsweb.com; Sat, 10 Jun 2006 13:42:27 -0600 X-Envelope-From: Kith-n-Kin@cox.net Sat Jun 10 13:42:27 2006 Received: from mail.rootsweb.com (mail.rootsweb.com [192.168.65.34]) by admin.rootsweb.com (8.12.8/8.12.8) with ESMTP id k5AJgRjb020197 for ; Sat, 10 Jun 2006 13:42:27 -0600 Received: from fed1rmmtao05.cox.net (fed1rmmtao05.cox.net [68.230.241.34]) by mail.rootsweb.com (8.13.4/8.13.4) with ESMTP id k5AJgOmM003311 for ; Sat, 10 Jun 2006 13:42:24 -0600 Received: from TOWER ([68.0.155.47]) by fed1rmmtao05.cox.net (InterMail vM.6.01.06.01 201-2131-130-101-20060113) with ESMTP id <20060610194220.FYXA5347.fed1rmmtao05.cox.net@TOWER>; Sat, 10 Jun 2006 15:42:20 -0400 From: "Kith-n-Kin" To: "'juanita'" , Subject: RE: [ROOTS-L] Re: Vital Statistics & FOIA Date: Sat, 10 Jun 2006 12:42:10 -0700 Message-ID: <000901c68cc5$fadf6c30$6601a8c0@TOWER> MIME-Version: 1.0 Content-Type: text/plain; charset="US-ASCII" X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook, Build 10.0.6626 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2869 In-Reply-To: <4489E6D1.19907.3193EB49@localhost> Importance: Normal X-Scanned-By: MIMEDefang 2.52 on 192.168.65.34 X-Scanned-By: MIMEDefang 2.52 on 192.168.65.34 Content-Transfer-Encoding: 8bit X-MIME-Autoconverted: from quoted-printable to 8bit by admin.rootsweb.com id k5AJgRjb020197 Sender: roots-in@roots-l.rootsweb.com Juanita and all, This issue has come up before, and will again, more and more, I suspect. It is important to remember that the FOIA is federal, not state and local. Someone corrected me on this issue that last time it came up . Here is what DOJ says: "The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records." Here's a URL for the act: http://www.usdoj.gov/oip/foia_updates/Vol_XVII_4/page2.htm Here's a URL for state versions: http://foi.missouri.edu/citelist.html I have found that some states are tighter than others on the issue of BMD records, Arizona being tough on birth and death, but the counties hold marriage records and are not so tough. We have to remember that some folks, who don't understand much, are nagging at our legislators (who may or may not understand, or may choose not to) to protect them. You may want to first check out your own nest (read "state and county") and make sure bad choices are not being made. You may also want to call the top level person in the state of interest (say, the Secretary of State) to determine the "real deal" so you can use that when dealing with the folks at the operational level. Regards, Pat (in Tucson) |-----Original Message----- |From: roots-in@roots-l.rootsweb.com |[mailto:roots-in@roots-l.rootsweb.com] On Behalf Of juanita |Sent: Friday, June 09, 2006 19:23 |To: ROOTS-M@rootsweb.com |Subject: [ROOTS-L] Re: Vital Statistics & FOIA | | |I wonder if a person has a right to marriage or death records after |an individual dies. Some States are refusing to give these out unless |a personal relationship is proven or they're providing only an |abstract of the document. I've also tried to get adoption records |that are over 120 yrs. old and have been refused. | |I don't know exactly what the FOIA covers. | |juanita | | |, the Patriot Act and the FOIA REQUIRE that this information be |> available to the public once a person has died--the right |to privacy |> ends with death as does the threat of ID theft if the SSDI |is properly |> used. | | |