D.C. Mun. Regs. r. 29-2821

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 29-2821 - DISCLOSURE OF RECORDS AND INFORMATION WHICH IDENTIFY INDIVIDUALS

2821.1

To protect the integrity of vital records, the Registrar shall not permit inspection of or disclose information contained in vital records, or copy or issue a copy of all or part of any record unless he or she is satisfied that the applicant has a direct and tangible interest in the record or upon receipt of a certified copy of an order of a court of competent jurisdiction which authorizes inspection, disclosure, or copying.

2821.2

For purposes of this section, persons with a "direct and tangible interest" in a vital record shall include the registrant, a member of his or her immediate family, his or her guardian, and their respective legal representatives. Other persons may demonstrate a direct and tangible interest in data from a vital record when the data is relevant to determination or protection of a present personal or property right.

2821.3

For purposes of this section, the term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting on behalf of the registrant or his or her family.

2821.4

A natural parent of a registrant who has been adopted who does not have custody of the registrant, and commercial firms or agencies requesting the name, address or other information about a registrant or list of registrants shall not be considered to have a direct and tangible interest.

2821.5

The Registrar shall not issue a certified copy of a record until a proper application has been submitted by the applicant.

2821.6

Whenever it is necessary to establish an applicant's right to information from a vital record, the Registrar may also require identification of the applicant or a sworn statement.

2821.7

Disclosures of information contained in the "Information for Medical and Health Use Only" section of a birth certificate or the "Information for Statistical Purposes Only" section of a marriage record or record of divorce dissolution of marriage or annulment may be made in electronic or another format according to the following requirements:

(a) The information contained in the "Information for Statistical Purposes Only" section of a marriage record or record or divorce dissolution of marriage or annulment shall not be disclosed unless specifically authorized by the Registrar for statistical or research purposes; and

(b) The information contained in the "Information for Medical and Health Use Only" section of a birth certificate may be disclosed as follows:

(1) When the Registrar specifically authorizes the disclosure for statistical, research, or administrative purposes related to an official use or the conduct of official duties;

(2) If a person requests disclosure for administrative purposes related to an official use or the conduct of official duties and not for commercial solicitation or private gain, the disclosure shall be limited to a federal, state, District, or other public or private agency for the purpose of providing, or making referrals for, a health-related service to a person to whom the birth certificate relates; and

(3) For a disclosure for administrative purposes related to an official use or the conduct of official duties, a person identified as a parent on the birth certificate has granted written informed consent on his or her behalf, or on behalf of the child named on the birth certificate to be contacted for the purpose of determining eligibility for a health-related service or referral.

(c) A person receiving information under this subsection shall return or destroy the information after the purpose for which the information was requested has been satisfied.

(d) A person receiving information under this subsection shall not re-disclose the information to a third party unless the re-disclosure is for health-related administrative purpose. A third party receiving information under this paragraph shall return or destroy the information after it is no longer needed.

2821.8

If one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, or divorce, dissolution of marriage or annulment, the records in the custody of the Registrar shall become public records and any person may obtain copies of the records upon submission of a proper application containing sufficient information to locate the record.

D.C. Mun. Regs. r. 29-2821

Final Rulemaking published at 38 DCR 2030 (April 5, 1991); as amended by Final Rulemaking published at 56 DCR 2267 (March 20, 2009)