(a)Information contained in a birth record
is confidential and may be disclosed only in accordance with this
article.
(b)Except as provided in section 7.5 of this chapter and subsections
(c)and (d), the records and files of the division of the state department
concerning vital statistics are subject to this article and rules of the
state department. Data contained in the records and files may be
disclosed only as follows:
(1)The state registrar shall permit inspection of the records or
issue a certified copy of a certificate or part of a certificate only
if the state registrar is satisfied of the following:
(A)That the applicant has a direct interest in the matter
recorded. An applicant for a certificate of death has a direct
interest in the certificate of death if the applicant is a
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(a) Information contained in a birth record
is confidential and may be disclosed only in accordance with this
article.
(b) Except as provided in section 7.5 of this chapter and subsections
(c) and (d), the records and files of the division of the state department
concerning vital statistics are subject to this article and rules of the
state department. Data contained in the records and files may be
disclosed only as follows:
(1) The state registrar shall permit inspection of the records or
issue a certified copy of a certificate or part of a certificate only
if the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matter
recorded. An applicant for a certificate of death has a direct
interest in the certificate of death if the applicant is a
beneficiary of the deceased's individual retirement account,
retirement account, brokerage transfer on death account,
annuity, or life insurance policy.
(B) That the information is necessary for the determination of
personal or property rights or for compliance with state or
federal law.
The state registrar's decision is subject to review by the state
department or a court under this section.
(2) The state department may disclose identifiable vital statistics
information to a legitimate researcher, if the researcher complies
with the following requirements:
(A) The researcher states in writing to the state department the
purpose, including:
(i) any intent to publish findings;
(ii) the nature of the data sought;
(iii) the personal information that would be required; and
(iv) the safeguards that will be taken to protect the identity of
the data subjects.
(B) The researcher executes an agreement with the state
department, on a form approved by the oversight committee on
public records established under IC 5-15-5.1-18, that:
(i) incorporates safeguards for protection of individual data
subjects;
(ii) defines the scope of the research project; and
(iii) informs the researcher that failure to abide by conditions
of the approved agreement constitutes a breach of contract
and could result in civil litigation by any data subject.
(C) The researcher agrees to pay any direct or indirect costs of
the research.
The state department shall determine whether the proposed
safeguards are adequate to prevent the identity of an individual
data subject from being known before approving the agreement.
Upon execution of an agreement described in this subdivision, the
state department shall maintain a copy of the agreement for the
duration of the agreement's effective date.
(3) In any extraordinary case that the state registrar determines is
a direct tangible and legitimate public interest.
(c) Notwithstanding subsection (b)(1) through (b)(3), a certificate
of death received by a local health department (as defined in IC 16-18-2-211) or the state department is a public record that, upon
request, must be made available for inspection and copying if:
(1) the copy made of the certificate of death is not a certified
copy;
(2) any Social Security number that appears on the certificate of
death is redacted; and
(3) any charge or fee that is due under section 9, 11, or 11.5 of
this chapter is collected.
(d) The birth record of an adopted child remains subject to the
confidentiality provisions of IC 31-19 regarding the release of adoption
information.
(e) The state registrar may deny a request to inspect or copy a record
concerning vital statistics that is in the state registrar's possession if the
state registrar has a reasonable suspicion that releasing the record may
result in fraud or identity theft.
[Pre-1993 Recodification Citation: 16-1-19-3 part.]