Researching family history can be rewarding, but it also involves navigating privacy laws designed to protect personal information. In the United States, these laws vary depending on the type of records and the date of the records.
1. Understand Key Privacy Laws Relevant to Genealogy
Certain federal laws, as well as state regulations, restrict access to specific records to protect individual privacy. Here are some key laws and concepts to be aware of:
- Health Insurance Portability and Accountability Act (HIPAA): This federal law protects the privacy of medical records and typically restricts access to records from healthcare providers, hospitals, and other institutions for 50 years after a person’s death. However, older records may be accessible depending on the institution's archival policy.[1]
- Freedom of Information Act (FOIA): FOIA allows public access to records held by federal agencies. Although FOIA primarily applies to government documents, it can be a useful tool for genealogists researching ancestors involved in military service, immigration, or federal employment.
- State Vital Records Privacy Laws: Each state has its own laws governing birth, marriage, and death records. In most cases, birth records are restricted for 75-100 years, and death and marriage records are restricted for 50-75 years. Some states allow genealogists to access records within these restrictions if they can prove a familial relationship.
2. Start with Publicly Available Records
To avoid running into privacy issues, start family history research with records that are already public and widely accessible:
- Census Records: Federal census records are available from 1790 to 1950, with new releases every 72 years. These records offer valuable information about individuals and families.
- Obituaries and Newspapers: Many libraries and online archives provide access to historic newspapers. Obituaries can reveal family connections, places of birth, occupations, and other key details.
- Social Security Death Index (SSDI): The SSDI provides information about deceased individuals who held Social Security numbers, including date of birth, death, and last known residence. This database is particularly useful for researching family members who died after 1962.
3. Check State-Specific Access Rules for Vital Records
Vital records are invaluable in family history research, but each state has unique rules:
- Research State Access Laws: Some states, like Pennsylvania and Michigan, allow genealogical access to certain records after a specific number of years. Learn more about these regulations by visiting state health department websites or state archives.
- Use Alternative Sources When Vital Records Are Restricted: Church baptismal records, cemetery records, probate records, and family Bibles are excellent substitutes for restricted birth, marriage, or death records.
4. Get Permission for Records Within Restricted Timeframes
For records that fall within privacy-restricted timeframes, follow these guidelines:
- Request Permission: If researching a direct ancestor and the record is within a restricted timeframe, reach out to the state or local records office to ask about the requirements for accessing the record. Many states allow access to close relatives with proof of relationship.
- Provide Necessary Documentation: To obtain restricted records, proof of lineage or relationship may be required. This can include a birth certificate and documentation of family connections to the individual being researched.
5. Use Online Genealogy Platforms with Care
Online genealogy platforms like MyHeritage and FamilySearchoffer access to millions of records, but it’s essential to use these resources responsibly:
- Review Platform Privacy Policies: Each platform has its own privacy policies. Be mindful of terms regarding the publication of living individuals’ information, as they generally do not allow publishing personal details of living persons.
- Respect Family Members’ Wishes: If sharing a family tree or story online, always obtain permission from living relatives before including sensitive information about them.
6. Document Your Sources Carefully
Maintaining a clear record of research sources is both ethical and practical:
- Cite Sources Transparently: When documenting family history, always cite the source of each record and its publication date. This not only strengthens the accuracy of research but also helps others understand how and where information was obtained.
- Avoid Sensitive Information on Public Platforms: In publicly shared family trees, avoid including private information about living relatives, such as addresses, Social Security numbers, or medical histories.
7. Know When to Contact a Professional
If your family history research requires navigating complex legal or privacy issues, consider reaching out to a professional genealogist:
- Hire a Certified Genealogist: Professional genealogists with expertise in privacy laws can assist in obtaining restricted records and help navigate the legal aspects of research.
- Consult Legal Experts for Specific Privacy Concerns: If research involves sensitive issues, such as adoption records or Native American heritage, legal experts specializing in these areas can offer valuable insights.
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Conclusion
Respecting privacy laws in family history research preserves the dignity of individuals and families while ensuring the ethical sharing of personal histories. By understanding and adhering to privacy laws, it is possible to build a robust family tree that honors both past and present generations.
Explore more about privacy laws and family research in the United States
- Census Records: The 72-Year Rule - National Archives and Records Administration
- Freedom of Information Act - United States Department of Justice
- Summary of the HIPAA Privacy Rule - United States Department of Health and Human Services
References
- ↑ Health Information of Deceased Individuals. U.S. Department of Health and Human Services