Confidentiality

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§ 5014. Confidentiality

(a)(1) A vital record, or information therein, that by law is designated confidential or by a similar term, that by law may only be disclosed to specifically designated persons, or that by law is not a public record, is exempt from inspection and copying under the Public Records Act and shall be kept confidential to the extent provided by law.

(2) Records or information described in subdivision (1) of this subsection may be disclosed:

(A) for public health or research purposes in accordance with law;

(B) to a regulatory or law enforcement agency for enforcement purposes, if the agency has agreed to accept the terms of an agreement with the Office of Vital Records governing use and confidentiality of the information;

(C) to the vital records office of another state, if the subject of the vital record was a resident of the other state at the time of the vital event that led to creation of the record; or

(D) in a summary, statistical, or other format in which particular individuals are not identified directly or indirectly.

(b)(1) Except as otherwise provided in subdivision (a)(2) of this section and subdivision (2) of this subsection, the following information is exempt from public inspection and copying under the Public Records Act, shall be kept confidential, and, in any civil action, shall not be subject to discovery or subpoena or be admissible:

(A) Social Security information and information collected only for medical and health purposes in reports of birth;

(B) Social Security numbers in reports of death or in preliminary reports of death;

(C) prior marriage and legal guardianship information and elections to dissolve a civil union in a marriage or civil union license or license application;

(D) such other information contained in a vital record as the State Registrar may designate through a rule adopted pursuant to 3 V.S.A. chapter 25, but only if the designation is necessary to protect the privacy of an individual.

(2) The person who is the subject of the record or his or her authorized representative shall be entitled to obtain a copy of the information.

(c) Information in or received from the Vital Records Alert System is exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that, in addition to the exceptions to confidentiality provided in subdivision (a)(2) of this section, such information may be shared with an issuing agent in order to correct and prevent mistakes and criminal activity. (Added 2017, No. 46, § 15, eff. July 1, 2019.)


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