Sorry, due to budget cuts, we are only open to the public on the third Wednesday of every other month. You have to prove your kinship before you can obtain your great grandfather’s records Access Denied! Only the dead can get copies of their death records So, what can we DO about this? “NYC is a closed jurisdiction and we are not public records.” Right to be forgotten 1

Vital Records Are Public Records: Help Keep Vital Records Accessible F May 2015 St. Charles, Missouri Booth 717 2

Agenda Jan Alpert, Chair, RPAC About RPAC Three-year restriction to Social Security Death Index RPAC requesting Amendment or sunset to Sec. 203 Jan Meisels Allen, Chair, IAJGS Public Records Access Monitoring Com Revision Model Vital Statistics Act & recent examples What you need to watch for in your state legislature in 2015 European Union Update Fred Moss, Counsel for FGS Genealogists’ Declaration of Rights. We need 10,000 signatures! RPAC Website & Materials Q & A 3

About RPAC Joint Committee of FGS, NGS, and IAJGS Participating organizations: APG, ASG, BCG, and ICAPGen. Other participants: Ancestry & ProQuest State Liaisons ( 29 of the 50 states currently represented) 4

Records Preservation & Access Committee Participants Jan Alpert, Chair (SC) Josh Taylor, FGS (MA) Fred Moss, FGS (TX) David Rencher, FGS (UT) Curt Witcher, FGS (IN) Linda McCleary, FGS (AZ) Barbara Mathews, BCG (MA) Linda Gulbrandsen, ICAPGEN (UT) Jan Meisels Allen, IAJGS (CA) Jordan Jones, NGS, (NC) Ed Grandi, NGS (VA) Darrell Jackson, NGS (MI) Kelvin Meyers, APG (TX) Juliana Szucs, Ancestry (IL) Bill Forsyth, ProQuest (UT) ASG currently vacant 5

RPAC Mission Advocate open access to vital records Support strong preservation policies & practices Advise community about federal, state, and sometimes local regulations and legislation Coordinate genealogical community response 6

How RPAC Responds to Threats RPAC supports and assists local genealogy groups and state liaisons Monitors bills as the legislation progresses Communicates threats and bill status Prepares written statements for key committee hearings Posts sample letters to legislators Talking Points for visits with your legislators 7

State Liaisons—How Selected Normally by state umbrella society Looking for volunteers interested in the political process Who possibly worked in government affairs, state, or local government If interested see me after this presentation 8

State Liaison Responsibilities with Support from RPAC Monitor state legislative & regulatory activity Timely alert to RPAC Primary link between state genealogical community & RPAC Build a communications network across the state for a consistent response Compile state specific data on access and retention of vital records for RPAC website. 9

Elizabeth Wells (AL) Connie Bradbury (AK) Linda McCleary (AZ) Jan Davenport (AR) Wendy Elliott (CA) David Coward (CO) Robert Rafford (CT) Donn Devine (DE) Frank Laurent (FL) Elizabeth Olson (GA) Jeanie Lowe (IL) Curt Witcher (IN) Max Kautsch (KS) Cynthia Hofmeister (LA) Barbara Mathews (MA) Helen Shaw (ME) Cynthia Grostick (MI) Nancy Waller Thomas (MO) 10 State Liaison Roster

Bernice Schroer (NV) Joan Lowry (NJ) Derek Davey (OH) Billie Fogarty (OK) Leslie Lawson (OR) James Beidler (PA) John Andrews, Jr. (SC) Teri Flack (TX) Linda Gulbrandsen (UT) John Leppman (VT) Barbara Vines Little (VA) Eric Stroschein (WA) Pam Anderson (WI) State Liaisons in the room please stand 11

20 Liaisons Needed Hawaii Idaho Iowa Kentucky Maryland Minnesota Mississippi Montana Nebraska New Hampshire New Mexico New York New York City North Carolina North Dakota Rhode Island South Dakota Tennessee West Virginia Wyoming 12

Current Threats to Vital Records Access Closure of the SSDI record for three years from person’s death. Since November 2011, the Social Security Administration is providing less data Model State Vital Statistics Act trying to increase the number of years before genealogists can access Vital Records 13

2013 Bipartisan Budget Act Passed both houses and signed by the President in December 2013 Sec. 203 closed access to the Death Master File/SSDI for 3 years after someone’s death To prevent identity theft and tax fraud of deceased individuals Beginning March 2014 must be certified by the Department of Commerce to access the DMF/SSDI during the 3 year embargo period 14

Steps Taken by RPAC Fred Moss testified at a Hearing March RPAC and its supporting organizations filed statements in 2014 and 2015 objecting to the Interim and the Proposed Final Rules. Over 90 statements have been filed, mostly from genealogists, objecting to the cost and quality of the data and certification requirements Through the process we have gained allies who were also impacted by the law and need access to the data. 15

2013 Bipartisan Budget Act Interim rule allowed certification for forensic genealogists. Only one became certified. $200 to become certified, increasing to $400 Annual fee to access data is $995 for less data through an inadequate search engine Audit and security requirements, inappropriate for a small business $1,000 fine if SSDI information disclosed to anyone not certified 16

RPAC Requesting Amendment to Sec. 203 Redact the SSN and make the non-sensitive information available during the three-year embargo period. Require the SSA to release all the information including middle name or initial, year and state SSN was issued, and last residence or where the last payment was sent. 17

Fund IRS So Sec. 203 No Longer Needed Congress needs to provide the IRS with money to install filters which flag income tax returns inconsistent with the prior year(s). Filters would protect both the living and deceased from identity theft In 2011 report said tax fraud from identity theft of the deceased was only 2% of the problem Once proof the filters are working, Sec. 203 will no longer be needed. 18

Jan Meisels Allen Member, RPAC Chairperson, IAJGS Public Records Access Monitoring Committee President, Jewish Genealogical Society of the Conejo Valley and Ventura County (JGSCV) 19

Genealogists without records can’t do genealogy! We are facing crises worldwide on access to vital records Due to misunderstanding by those in power about Identity Theft and due to Budget Cuts 20

Working group reported revision May 2011 Restricts access to birth records for 125 years Restricts access to marriage or divorce records for 100 years Restricts access to death records for 75 years Restricts access to indices until the embargo dates Requires confidentiality restrictions on indices as well as records Revision Model State Vital Statistics Act

April 2012 Dept. of Health & Human Services (HHS) put Model Act “on hold” January 2013 HHS promulgates final regulation on privacy and permits medical information on deceased to be released after 50 years less than revision act of 75 years Revision Model State Vital Statistics Act

Regulations are way for state regulators to require actions that are not in state law and to “reinterpret” state laws We have already seen changes in the privacy language for Maine Vital Records proposed regulations 23 Remember to Watch For Regulations Too

Need To Watch “Other” Gov’t Agencies: KS Supreme Court Proposing Restricting Access to Marriage Records Kansas Supreme Court is considering changes to Supreme Court Rule 106. Proposed restricting access to marriage records to attorneys, court officers, the Kansas Department of Health and Environment and to whom the marriage license was issued. Would redact following information from the marriage record: An applicant’s Social Security Number An applicant’s date or city of birth An applicant’s mother’s maiden name or Any information designated as confidential by the Kansas Department of Health and Environment Would prevent OVS from issuing genealogical copies 24

OK HB years after death; 125 years after birth can inspect certificates except to the person who is the subject of the record (i.e. the deceased) or in such person's interest (attorney) Bill died in committee 25

OK HB 1125 eliminates clerks from issuing marriage licenses Only judges and ordained recognized religious persons may issue marriage licenses How one would access the marriage records in the future? Same state that enacted legislation several years ago which permits only the deceased to obtain their death certificate. Bill failed to get out of committee OK Bill puts issuing marriage licenses solely in the hands of judges or ordained recognized religious persons 26

Oregon—State Liaison, Leslie Lawson Passed in 2013 with no change in embargo periods Limited access to the indices Maine—State Liaison, Helen Shaw Law changed Researcher card to provide access to genealogists 2015 pending regulations incorporate some Model Act provisions (to make the indices private) 5 th draft Texas—State Liaison Teri Flack Letter writing campaign by Texas genealogists made a difference. The bill died in committee. New Bill introduced in 2015 HB Recent Vital Records Legislation

Washington—State Liaison, Eric Stroschein Did not have administration support and never became a bill. Potential for bill to be reintroduced in 2015 Where RPAC and the genealogical community proactively worked together, there has been limited adverse change. 28

"We do not follow that state law. NYC is a closed jurisdiction and we are not public records. For birth and death certificates, you must show entitlement. There aren't an amount of years when our records become public yet." New York City Department of Health and Access to Birth and Death Certificates 29

Board of Health public hearing was held on November 14, 2014 and no comments were received. The genealogical community was not aware of the hearing or notice. Adopted December 9, 2014 ; effective January 12, 2015 The only persons who may obtain or inspect records, files, reports, transcripts about deaths –do not include genealogists and are: Board of Health for New York City Limits Access to Death Certificates 30

NYC Death Certificates Limited to: (Cont’d) The spouse, domestic partner, parent, child, sibling, grandparent or grandchild of the decedent, The legal representative of the estate of the decedent, A party with a proven property right, A funeral director, or Persons or government agencies who otherwise establish that such records are necessary or required for a judicial or other proper purpose. 31

How can you help? 32

Find out when your state’s legislature begins and ends. Many start in January–but the end dates vary–some go year round See: s/Sessions.aspx?h=&year= s/Sessions.aspx?h=&year=2015 Identify your representatives, their contact information, and make your selves known to them 33 Things to Do Now

Invite your local legislators to a Society meeting Send all your legislators-federal, state, local your blog/newsletter—remember you and your society members are their constituents Stop into their local offices and get to know them and their staffs 34 What You and Your Society Can Do

Why Lobbying Matters 97 percent of Congressional staff say that in-person issues visits from constituents influence policymakers, with 46 percent reporting it has a lot of influence. (Source: 2011 poll by Congressional Management Foundation)Congressional Management Foundation 35

Tool Kit For State Liaisons See: Interview on Records Access 36

How To Find Your State’s ? “How A Bill Becomes A Law” Google it! 37

38 Every step on the “How A Bill Becomes A Law” is an opportunity to shape the outcome…from the day it is introduced, the hearings, going to the floor of the legislature, to the desk. Take the necessary steps at each opportunity!

Who do you write? Committee Chairperson Committee Members Author of the Bill (may or may not be a member of the committee) If the bill has passed? Write the Governor or President who will be asked to sign the bill 39 Write a Letter to the Committee(s) Which Will Hear the Bill

Go to andwww.IAJGS.org click on Legislation Then on Legislative Websites US State Legislative websites US Congress 40 How To Find Out Where To Write

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All politics are local! Each Liaison and your society board member and others in your society should get to know: Your local State Representative Your local State Senator Your Federal Congressperson Your US Senators And their staffs! 45 Get To Know Your Local Representatives

European Union Member 28 Countries AustriaBelgiumBulgaria CroatiaCyprus Czech Republic DenmarkEstoniaFinland FranceGermanyGreece HungaryIrelandItaly LatviaLithuaniaLuxembourg MaltaNetherlandsPoland PortugalRomaniaSlovakia SloveniaSpainSweden United Kingdom 46

Right to be Forgotten/Right to be Erased The EU principle of right to be forgotten can happen here. Court case against Google but affects all search engines French Court imposes RTBF on global reach of Google California already has a law permitting minors to have what they posted online to be “erased” US freedom of press and speech EU right of privacy prevails 47

European Union Update European Union Court Decision RE: Google on “Right to Be Forgotten” 760,000 removal requests as of February 2 European Union Proposed General Data Protection Regulation—affects genealogy historical and current records from EU countries as vital records considered personal information—applies to organizations based outside the EU if they process personal data of EU residents. European Union Guidelines on “Right to be Forgotten” Worldwide reach as search engine operates outside of EU. If you do research in Europe, you may not be able to access the information—the time is now for you to become active! 48

European Union Update Cont ’d Lawsuit over Facebook exporting its European’s data to the US. Plaintiff lost in Ireland and is now suing in Austria. European Union Court of Justice to determine in late June. Austrian lawsuit based on Facebook compiling its users’ personal data in violation of Austrian and EU legislation. If the Vienna Court declares it is entitled to hear the case then it is conceivable that there will be more legal battles against Facebook and perhaps other social media providers as suing in a jurisdiction where company is not headquartered—Facebook EU headquarters in Ireland. EU charges Google in violation over EU antitrust and levy up to $6 billion Euros fine 49

Fred Moss, JD, LL.M. Legal Advisor for FGS Former Associate Dean & Professor, Texas Wesleyan School of Law Colonel (retired) Judge Advocate General Corps. 50

The Threat In recent years – Over 1000 legislative proposals impacting access to vital records and others Vast majority restrict access Scourge of Identity Theft 51

Rationale Best (or only) way to thwart Identity Thieves is to close the records they might have used Unstated Assumption: Records can be closed without harm or cost 52

Proposals Close DMF/SSDI Model State Vital Statistics Act – 2011 Edition would close Birth Records – 125 years Marriage Records – 100 years Death Records – 75 years 53

Cited Cases Tax Fraud by Identity Theft OPR continued paying government employee retired pay after deceased Syracuse continued paying health care insurance premiums after stopped paying deceased retired pay 54

The 2011 Paradigm The DMF/SSDI was a substantial source of SSNs used in filing fraudulent tax returns. SSNs of deceased individuals needed to be protected in the same ways we safeguard those of the living. Simple fix (Silver Bullet?): Just limit access to the DMF/SSDI Unstated Assumption: Nothing would be lost by closing this resource. 55

Is the SSDI/DMF issue... An Access issue? A Preservation issue? Both? 56

Section 203 Bipartisan Budget Act of 2013 Embargo report of death for three years During embargo access limited to those certified Redact location data Costs and Security burden Limit role for third party hosts 57

What IF Story -- IF in 2011 thieves had gotten SSNs off DMF and: Tried to open a credit card Buy a car or boat Mortgage a house Initiate telephone service to an apartment They would have been REJECTED.... All of these lenders would have checked the DMF and concluded they did not wish to do business with someone authoritatively reported as deceased. 58

Section 203 as Case Study 2011 and later data now available Deceased cases less than 2% of tax fraud IRS started using better filters in December 2011 TY 2012 and 2013 data should show interdiction of almost all deceased cases Improving filters will catch increasing number of fraud cases involving SSNs of the living Burden only falls on legitimate DMF users 59

Proverb Things are rarely done in Washington DC for the reason publicly stated. 60

The Hidden Agenda? SSA wants out of the DMF business Incrementally dismantling the DMF Alternatives? 61

RPAC Posture The Genealogical Community would rather be Thought of as a Stakeholder & Resource, NOT A mere constituency to be placated, Or safely ignored. 62

Genealogists’ Declaration of Rights FGS, NGS, & IAJGS Sponsored The Declaration of Rights is a statement advocating open access to federal, state, and local public records. The Declaration affirms America’s long history of open public records, which has been threatened the last few years over concerns about identity theft and privacy. 63

Genealogists’ Declaration of Rights Will be used to show state and federal legislators and regulators that genealogists support open records and Genealogists Vote!! 64

Genealogists Vote 65 Web site to order pins

6,900 Signatures through March 2015 We Need 10,000 Signatures How you and your society can participate: Online at RPAC at the NGS Booth today and Saturday State and regional conferences Society gatherings Stop by the RPAC Table, Booth 717 across from Maia’s Books and pick-up a form to take home. 66

Sign the Declaration Sign under the state tab in which you are registered to vote Encourage your friends and society members to sign electronically online 67

If Your Society Collects Signatures Button and Banner for Your Website 68

What is Needed NOW ? We need you to deliver the message to your elected representatives? Do you know who they are? Do they know you? Call on your state and federal legislators Office Visits during Congressional Recesses August and holidays We also recommend joint calls between President of State Genealogical Society and APG Chapter President 69

Deliver the Following Message Fraud from identity theft of the deceased was less than 2% of the total in 2011 and improving The IRS can install more filters to flag inconsistent/fraudulent tax returns which will reduce identity theft of the living as well as the deceased. Genealogy websites had already closed access to the SSDI for 2-10 years 70

Amend Sec. 203 of the 2013 Bipartisan Budget Agreement Redact the SSN from the Death Master File for three years, and provide the non-sensitive information to data aggregators such as Ancestry and FamilySearch. Require the Social Security Administration to release all the available information including middle name or initial, year and state the SSN was issued, and last residence. Sunset Section

RPAC Blog Posts These slides are posted on the RPAC Blog at Sample letter to write your legislators RPAC Brochure on Open Records Statements sent to Congressional Committees and the Department of Commerce about why genealogists need access to the SSDI 72

RPAC Blog 73

Pick Up the RPAC Brochure at the RPAC Table, Booth #717 74

Contact RPAC Watch the RPAC Blog for updateswww.fgs.org/rpac Contact RPAC at We can help! We need to know early and stay informed throughout the legislative process 75

Questions? 76

Rationale Revisited Best (or only) way to thwart Identity Thieves is to close the records they might have used Unstated Assumption: Records can be closed without harm or cost Seeking additional examples 77

Three Questions for Legislators Is the best [or only] way to stop ID thieves closing the records they might have used? Can access to vital records or the Death Master File be closed (or limited) without harm or cost? Is it impossible for you to believe that more effective alternatives to closure can be found? 78

GENEALOGY – Not “Just a hobby” Assisting the Department of Defense in locating heirs for the repatriation of remains from previous wars, Assisting county coroners in the identification of unclaimed persons, Working with attorneys in locating missing and unknown heirs involving estates, trusts, real estate quiet title actions, oil and gas and mineral rights, and other similar legal transactions, 79

GENEALOGY – Not “Just a hobby” Part 2 Tracing and tracking heritable medical conditions where finding distant cousins can facilitate early treatment and possibly prevent a premature death Repatriating stolen art and artifacts, and Identifying American Indians, Native Alaskans, and Native Hawaiians to determine eligibility for tribal benefits and blood quantum when required. 80