§338-18  Disclosure of records.  (a)  To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any record, except as authorized by this part or in a manner consistent with rules adopted by the department of health.

     (b)  The department of health shall not permit inspection of public health statistics records, or issue a certified copy of any record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record.  The following persons or agencies shall be considered to 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 the registrant;

     (6)  A legal guardian of the registrant;

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

     (8)  A personal representative or trustee of the registrant's estate or trust;

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

    (10)  Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

    (11)  A person who needs to determine the marital status of a former spouse to determine the payment of alimony;

    (12)  A person, agency, or a beneficiary of a will or trust who needs to determine the death of a co-owner of property; and

    (13)  A person or agency who seeks access to vital statistics records for a public health purpose, as reviewed by the department of health's institutional review committee and approved by the director of health.

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

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

     (e)  The department of health may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than one hundred fifteen years before the current year.

     (f)  The department of health shall not issue a verification in lieu of a certified copy of any record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:

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

     (2)  A government agency that, for a legitimate government purpose, maintains and needs to update official lists of persons in the ordinary course of the agency's activities.  Notwithstanding other provisions of this section, upon request from a government agency of the State or its political subdivisions, the department of health may further disclose to that government agency the date of the vital event that has been verified;

     (3)  A government, private, social, or educational agency or organization that seeks confirmation of a certified copy of any record submitted in support of or information provided about a vital event relating to any record and contained in an official application made in the ordinary course of the agency's or organization's activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;

     (4)  A private or government attorney who seeks to confirm information about a vital event relating to any record that was acquired during the course of or for purposes of legal proceedings; or

     (5)  An individual employed, endorsed, or sponsored by a government, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to preparation of reports or publications by the agency or organization for research or educational purposes.

     (g)  For the purposes of this section, "research purposes" shall be limited to those purposes that have been reviewed by the department of health's institutional review committee and approved by the department of health's institutional review committee and the director of health. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L 1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2; am L 2012, c 86, §2; am L 2021, c 199, §2]

Cross References

  Rulemaking, see chapter 91.