W. Va. Code R. § 64-32-14 - Disclosure and Protection of Integrity of Vital Records
14.1. The State Registrar, a local registrar
or any other custodian of vital records shall not permit inspection of, or
disclose information contained in, vital statistics records, or copy or issue a
copy of all or part of any vital statistics record unless he or she is
satisfied that the applicant is authorized to obtain a copy or abstract of the
record.
14.1.a. Unless access to vital
records would jeopardize acceptance by any agency of the federal government as
specified in regulations promulgated under the Intelligence Reform Act or other
similar provisions of federal law, in addition to applicants specified in W.
Va. Code §
16-5-28(a),
the following persons or entities are authorized to obtain a copy or abstract
of a vital record:
14.1.a.1. A person or
entity who can prove that they have a direct and tangible interest in the
content of the record and that the information contained in the record is
necessary for the determination of a personal or property right.
14.1.a.2. In the case of birth records, the
registrant, a member of his or her immediate family, his or her guardian, or
their respective authorized representatives.
14.1.a.3. In the case of a death record, any
immediate family member, any surviving relative who has a direct or tangible
interest in the record, or their authorized representative.
14.1.a.4. In the case of a fetal death record
or report, a parent listed on the record or his or her authorized
representative.
14.1.a.5. In the
case of marriage and divorce records, the parties married, their adult
children, adult grandchildren and additional generations or their authorized
representatives.
14.1.b.
Family members doing genealogical research and genealogists representing a
family member may obtain copies of records needed for their research. The
registrant or relevant family members as defined in §
16-5-28(a)
of the W. Va. Code or rules promulgated shall submit appropriate
authorization.
14.1.c. The term
"authorized representative" includes an attorney, physician, funeral director,
or other designated agent acting on behalf of the registrant or his or her
family.
14.1.d. The term "immediate
family" includes:
14.1.d.1. A mother or
father;
14.1.d.2. A son or
daughter;
14.1.d.3. A brother or
sister;
14.1.d.4. A husband or
wife;
14.1.d.5. A mother-in-law or
father-in-law;
14.1.d.6. A
son-in-law or daughter-in-law;
14.1.d.7. Grandparents, great-grandparents,
and additional generations of the same family;
14.1.d.8. Grandchildren, great-grandchildren,
and additional generations of the same family;
14.1.d.9. A stepmother or stepfather;
and
14.1.d.10. A
stepchild.
14.1.e. If the
father's name is not shown on the certificate of birth, he or his family
members cannot obtain copies of the record without a court order, a court
ordered determination of paternity naming him as the father, a completed
notarized affidavit of paternity accepted for filing by the section of vital
statistics, proof of marriage to the mother at the time of conception or birth
of child, or proof of adoption.
14.1.f. The natural parents of adopted
children may not obtain copies or abstracts of the record unless the requesting
natural parent retains legal rights as a parent after the adoption.
14.1.g. The State Registrar shall not provide
listings of names or addresses from vital records to the general public for
private use or distribution or commercial firms or agencies for commercial or
business use.
14.2. All
requests for disclosure of information contained in vital records or reports
for research which identifies any person or institution shall be submitted in
writing or by an approved electronic process to the State Registrar.
14.2.a. Each request shall contain:
14.2.a.1. The objectives of the
research;
14.2.a.2. Peer review and
approval of the research protocol for any contact of research subjects or their
families;
14.2.a.3. Storage and
security measures to be taken to assure confidentiality of identifying
information, and provision for return or destruction of the information at the
conclusion of the research;
14.2.a.4. A time frame for the
research;
14.2.a.5. An
acknowledgment and agreement that ownership of all information provided by the
State Registrar remains exclusively in the Bureau and that use of the
information by the researcher constitutes a license only for usage during the
course of the research and creates no ownership rights by the researcher;
and
14.2.a.6. An acknowledgment and
agreement that release of identifying information contained in vital records or
reports by the researcher to any other person or entity may be made only with
prior written approval of the State Registrar.
14.2.b. The State Registrar shall review all
requests to determine compliance with the following:
14.2.b.1. The request contains all required
elements;
14.2.b.2. The request
adequately justifies the need for the requested information;
14.2.b.3. The requested information can be
provided within the time frame set forth in the request; and
14.2.b.4. The Bureau has adequate resources
with which to comply with the request;
14.2.c. The State Registrar shall enter into
research agreements for all approved research requests. Each research agreement
shall specify exactly what information will be disclosed and shall prohibit
release by the researcher of any information which may identify any person or
institution. Additionally, each research agreement may provide that in the
event of a breach of the agreement the principal investigators and
collaborators shall be barred from participation in future research agreements
and shall pay to the Bureau the sum of $5,000 per violation of the research
agreement.
14.2.d. For all requests
for disclosure of information contained in vital records or reports for
research which does not contain identifiers but may identify any person or
institution, the State Registrar shall obtain a signed agreement from the
person or entity requesting the information which provides the following
assurances:
14.2.d.1. The recipient will
neither use nor permit others to use the information in any way except for
statistics reporting and analysis;
14.2.d.2. The recipient will neither release
nor permit other persons or entities to release the information or any part of
the information to any person who is not a member of the organization without
approval of the State Registrar;
14.2.d.3. The recipient will neither attempt
to link nor permit others to attempt to link the data set with individual
identifiable records from any other data set;
14.2.d.4. The recipient will neither use nor
will allow anyone else to attempt to use the information to learn the identity
of any person or institution included in the information provided;
and
14.2.d.5. If the identity of
any person or institution is discovered inadvertently, the recipient will not
make use of this knowledge; will immediately notify the State Registrar; will
safeguard or destroy information which led to the identification of the
individual or institution as requested by the State Registrar; and will inform
no one else of the discovery.
14.3. The State Registrar, a local registrar
or another custodian shall not issue a certified copy of a record until the
applicant has provided sufficient information to locate the record. Whenever it
is necessary to establish an applicant's right to information from a vital
record, the State Registrar a local registrar or another custodian may also
require identification of the applicant or a sworn statement or other good and
sufficient evidence of the applicant's identity and his or her right to the
information.
14.4. When 100 years
have elapsed after the date of birth, or 50 years have elapsed after the date
of death, fetal death, marriage or divorce, dissolution of marriage, or
annulment, the records in the custody of the State Registrar, a local registrar
or another custodian, unless otherwise prohibited by statute or rules
promulgated, shall become available to any person upon submission of an
application containing sufficient information to locate the record. For each
copy issued or search of the files made, the State Registrar or local custodian
shall collect the same fee charged for the issuance of certified copies or a
search of the files for other records in his or her possession.
Notes
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