Guidelines for keeping             ACCESS TO CIVIL REGISTERS
Accurate Records
                                                         DRAFT RECOMMENDATIONS

Background

In April 2004 the General Council Executive approved a Privacy Policy in response to the Government of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). Because the intent of privacy legislation is to safeguard against identity theft, General Council Executive felt that it was appropriate to adopt one policy to serve the Church’s best interests nationally and regionally.

In light of the Privacy Policy, the Committee on Archives and History Executive felt that there was a need to revisit the issue of open access to church registers despite the challenge of distinct political jurisdictions and the variety of legislative requirements.

Time restrictions as outlined in privacy legislation in Quebec:

· Baptismal registers = 100 years after the creation of a record containing personal information
· Marriage registers = 100 years after the creation of a record containing personal information
· Burial registers = 40 years after the death of the individual whom the information is about

Consent for disclosure Access should be given only to those persons to whom the record pertains or their agents. It is advisable to request photographic identification before supplying this information. Consent is ensured by the fact that the person him/herself (or the agent in the case of a burial) is making the request for the copy and is directly receiving the copy.

o Baptismal record: The child who is baptized, his or her parents named in the record (or legal guardians)
o Marriage record: Bride or groom named in the record.
o Burial record: The agent of the deceased person

Archival exceptions - disclosure without consent may be made to an institution whose functions include the conservation of records of historical or archival importance, and the disclosure is made for the purpose of such conservation.

For records older than 100 years the personal information in records is open and accessible for personal research and consultation by anyone. However, the records at the Archives nationales du Québec, Centre du Montréal are restricted, except with the written consent of the Executive Secretary of Conference or the Conference Archivist, since the government copy of registers is available on microfilm.

Copies Given the age of the record it would be better to provide a certified verbatim transcript instead of photocopying for conservation reasons.

Access for research

· church registers are open for consultation - open for review means one can read the record but one cannot copy the record. Access is to the information held in the record, not to the record itself.
· No copy of any kind provided to anyone except those eligible for certified verbatim transcript ( see above)
· All indexing projects by entities others that the Archives require signed agreement with the custodial repository/Conference Archivist, or Conference Executive Secretary
· Concern Allowing completely open copying, particularly photocopying, means that genealogists would be able to undertake mass indexing and data entry projects of the information to share online, which may not be good stewardship of the religious nature of the information and the original reasons for which the information was collected

For records within the timing rules:

· For register entries less than 100 years old there is no physical access to the original registers.
· Copies of original records are provided only to the persons to whom the record pertains to through the procedure of a certified verbatim transcript
· Use of the information contained in the record may differ from the reason for which it was originally collected (i.e. to join the church through baptism, have a United Church marriage or burial) but because it is the person her/himself making the request there is implied consent. That is to say that a baptismal record used for proof of age for pension purposes is okay under the act since it is the person who is requesting the copy for that use.
· If a request for a United Church marriage record is being made by either the bride or the groom regarding in order to obtain an annulment in another denomination, one must seek the consent of the other party named in the record prior to releasing the record for that purpose.

PROCEDURE FOR TRANSMISSION OF PERSONAL INFORMATION (I.E. NOT BY FAX)

· As a certified true copy of the original record is generated for the person to whom the record pertains, under no circumstances may it be transmitted via fax or e-mail. Fax and e-mail are not secure and should not be used.
· Always address the transcript to the person named in the record. If the letter is sent to a third party, such as a fiancé or church secretary acting on behalf of the person named, then send the transcript to the person named, in care of the third party to ensure that the record was indeed sent to the person to whom it belongs.

GUIDELINES FOR CERTIFIED VERBATIM TRANSCRIPT (AND SAMPLE FORMS)

1. Transpose the information from the register into the appropriate fields on the sample forms exactly. If no information is provided in the register for a particular type of information requested by the form, please insert "not indicated in the register". If the spelling of the name cannot be deciphered, indicate that by putting the spelling of the name as you think it is in square brackets and following the name with a question mark [ ?]. If the same name is spelled differently on different parts of a form, include the names as they are written on the form, but point out the discrepancy in a covering letter.  If information is not specifically included in the register but is understood; for example, the place of baptism, do not enter the information on the certificate; but rather, include in a covering letter. To verify the spelling of a minister’s name, verify information in the United Church of Canada Yearbook.

N.B. You may also choose to type the register entry verbatim.

2. For records in the archives: Conference Archivist will verify the information and sign the transcript.
For records in the pastoral charge: the Minister will verify the information and sign the transcript.