§338-18  Disclosure of records.  (a)  Toprotect the integrity of vital statistics records, to ensure their proper use,and to ensure the efficient and proper administration of the vital statisticssystem, it shall be unlawful for any person to permit inspection of, or todisclose information contained in vital statistics records, or to copy or issuea copy of all or part of any such record, except as authorized by this part orby rules adopted by the department of health.

(b)  The department shall not permit inspectionof public health statistics records, or issue a certified copy of any suchrecord or part thereof, unless it is satisfied that the applicant has a directand tangible interest in the record.  The following persons shall be consideredto have a direct and tangible interest in a public health statistics record:

(1)  The registrant;

(2)  The spouse of the registrant;

(3)  A parent of the registrant;

(4)  A descendant of the registrant;

(5)  A person having a common ancestor with theregistrant;

(6)  A legal guardian of the registrant;

(7)  A person or agency acting on behalf of theregistrant;

(8)  A personal representative of the registrant’sestate;

(9)  A person whose right to inspect or obtain acertified copy of the record is established by an order of a court of competentjurisdiction;

(10)  Adoptive parents who have filed a petition foradoption and who need to determine the death of one or more of the prospectiveadopted child’s natural or legal parents;

(11)  A person who needs to determine the maritalstatus of a former spouse in order to determine the payment of alimony;

(12)  A person who needs to determine the death of anonrelated co-owner of property purchased under a joint tenancy agreement; and

(13)  A person who needs a death certificate for thedetermination of payments under a credit insurance policy.

(c)  The department may permit the use [of] thedata contained in public health statistical records for research purposes only,but no identifying use thereof shall be made.

(d)  Index data consisting of name and sex ofthe registrant, type of vital event, and such other data as the director mayauthorize shall be made available to the public.

(e)  The department may permit persons workingon genealogy projects access to microfilm or other copies of vital records ofevents that occurred more than seventy-five years prior to the current year.

(f)  Subject to this section, the departmentmay direct its local agents to make a return upon filing of birth, death, andfetal death certificates with them, of certain data shown to federal, state,territorial, county, or municipal agencies.  Payment by these agencies forthese services may be made as the department shall direct.

(g)  The department shall not issue averification in lieu of a certified copy of any such record, or any partthereof, unless it is satisfied that the applicant requesting a verificationis:

(1)  A person who has a direct and tangible interestin the record but requests a verification in lieu of a certified copy;

(2)  A governmental agency or organization who for alegitimate government purpose maintains and needs to update official lists ofpersons in the ordinary course of the agency’s or organization’s activities;

(3)  A governmental, private, social, or educationalagency or organization who seeks confirmation of a certified copy of any suchrecord submitted in support of or information provided about a vital eventrelating to any such record and contained in an official application made inthe ordinary course of the agency’s or organization’s activities by anindividual seeking employment with, entrance to, or the services or products ofthe agency or organization;

(4)  A private or government attorney who seeks toconfirm information about a vital event relating to any such record which wasacquired during the course of or for purposes of legal proceedings; or

(5)  An individual employed, endorsed, or sponsored bya governmental, private, social, or educational agency or organization whoseeks to confirm information about a vital event relating to any such record inpreparation of reports or publications by the agency or organization forresearch or educational purposes. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2]

 

Cross References

 

  Rulemaking, see chapter 91.