NEPLATTE-L ArchivesArchiver > NEPLATTE > 2009-11 > 1257950277
From: MONICA ZENDEJAS <>
Subject: Re: [NEPLATTE] Burials at Lasek and Borowiak sites
Date: Wed, 11 Nov 2009 08:37:57 -0600
My question is: Does the privacy law only apply to government records such as the census? Some government records are public record without regard to the privacy law (ie. marriages and death). So I think the only records that would be cause for concern is the baptism records. One might assume the diocese has no privacy laws it needs to adhere to, otherwise the St. Michael's (Tarnov) birth, marriage and death records would not have been published, listing information up to the year 2001 for the public to buy. The St Stan's records we are talking about are older than the 75, so it wouldn't be a privacy issue, even if that were the issue.
The issue I think would be ownership?
So, I am agreeing with Tom, if the pictures of records were obtained with permission and without any stipulations, it would make sense that the owner of the pictures could do what they wanted with them. Unless there is a policy of "not intended for public use" attached, I don't see the harm. A question one might ask is "who would get sued" and "what would be the retribution"? I would venture to guess that the most they could ask for would be to take the records down. Who would be harmed by posting these records that are more than 100 years old? One may justify the matter by stating that not only are we making it easier for the genealogists who want the information, but for the parish secretary and priest who would otherwise be constantly bombarded with requests from genealogists to search the records. Also, we are helping in the preservation of the books. Think of the wear and tear on the old books whose pages are so delicate. It would be an act of great service for both sides!
This brings to mind an old saying that may apply to this circumstance.... "it is easier to seek forgiveness than permission"
Have a good day!
> Date: Wed, 11 Nov 2009 00:22:52 -0600
> Subject: Re: [NEPLATTE] Burials at Lasek and Borowiak sites
> " .. Diane L wrote: "My dilemma has been and still is whether posting these on a site
> could be considered an invasion of privacy since these are church records
> rather than public records. Opinions?"
> Diane Llitera
> Hi Di...............I am one of the lucky ones. Yay! Regarding the privacy concern. The FHL is your prime example. They have copied church records all over the world. (well almost) They were given permission where they did it, and people know they are accessible to anyone. Now, if I went to a church and the pastor asked that none of these be passed on, I would honor that request. Also, most people .."
> Comment :
> From the legal perspective, the best thing to do is to consult a lawyer. From the church's perspective, you can send a letter to any one of a number of Archdiocese's to see what their official position is on the matter. From a personal perspective, you can post them if you want to or not.
> I get the sense that you are most concerned in that your posting records anywhere could possibly cause a Family embarassment. It's good that you would consider this, many don't.
> Putting out my "shingle" for a moment, it would appear to me that if you enter into a verbal contract with a church priest or his authorized records manager, whether you give an "offering" or not, you are free to do with the information as you so see fit. Fortunately, genelogists have a good head on their shoulder's and it's doubtful that they would intentionally use the record information for nefarious reasons.
> If the priest or records manager put's restrictions on your use of the records or the record information, you would have to honor that stipulation because that was a condition of procurement.
> I've researched this subject on the web now for about an hour and I found nothing that prohibited a genealogist from using the data in the public domain. In fact, it appears that the Vatican is concerning with openess with respect to genealogy and actually helps the genealogist obtain the records. The Vatican web site has a genealogy section where one can obtain records or do research, and I note that the Archdiocese of Detroit photo copied it's Sacramental records and gave them to the local public libraries for dissemination.
> The only "no no" is to let the LDS further copy Catholic records.
> FYI -- I have long sought the logistics behind the LDS' need to photo copy all records. I havent been totally successful, however, it appears as if the LDS has dedicated teams that operate on a schedule, to go to the area's where records are to be copied, and actually perform the work. Prior to that, there appears again to be a team, but this first team is responsible for obtaining permission and enter into contract with the records repository concerning the use of the record's and it's information.
> Again, I can't get anyone to tell me much about the procedures that they use in order to obtain access to the records, but I was told that there was money involved. It stands to reason that there would be. The LDS has pretty-much got this record copying down to a science and art. If you'd like to review a LDS contract concerning use of the record info, try to insert information on the LDS website somewhere and read the contract you have to "click" as acceptance.
> I also know, that at times, as a contract condition, some of the filmed material is considered "confidential" and can't be photo copied. Here, to my knowledge, the LDS abides by the letter of law on these things.
> Anyway, enough typing. I recommend you put the information in subject out in the public domain and let Sherri Post it.
> Tom Lassek
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