To protect the integrity of vital records:

1. (1)

   1. (A) The State Registrar of Vital Records shall not permit inspection of, or disclose information contained in, vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant is authorized to obtain a copy or abstract of such record.

   2. (B)

      1. (i) Family members doing genealogical research and genealogists representing a family member may obtain copies of records needed for their research.
      2. (ii) Unless the registrant is deceased, appropriate authorizations shall be required from the registrant or relevant family members as defined in Acts 1995, No. 1254, § 12, for the release of records.
      3. (iii) Grandparents and grandchildren are relevant family members.
   3. (C) The term “authorized representative” shall include an attorney, physician, funeral director, or other authorized agent acting on behalf of the registrant or his or her family.
   4. (D) The natural parents of adopted children, when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be authorized to obtain copies or abstracts of the record;

2. (2)

   1. (A) All requests for disclosure of information contained in vital records or reports for research that identify any person or institution shall be submitted in writing to the state registrar.

   2. (B) Each request must contain:

      1. (i) Objectives of the research;
      2. (ii) Peer review and approval of study protocol for any contact of study subjects;
      3. (iii) Storage and security measures to be taken to ensure confidentiality of identifying information, and provision for return or destruction of the information at the conclusion of the research;
      4. (iv) Time frame of the study;

      5. (v) Acknowledgement and agreement that:

         1. (a) (a) Ownership of all information provided by the state registrar shall remain exclusively in the state agency; and
         2. (b) (b) Use of that information by the researcher:
3. (1) (1) Constitutes a license only for usage during the course of the research; and

4. (2) (2) Creates no ownership rights by the researcher; and

   1. (vi) Acknowledgment and agreement that release of identifying information contained in vital records or reports by the researcher to any other person or entity may be made only with prior written approval of the state registrar.

   2. (C) All requests shall be reviewed to determine compliance with the following:

      1. (i) The request contains all required elements;
      2. (ii) The request adequately justifies the need for the requested information;
      3. (iii) The requested information can be provided within the time frame set forth in the request; and
      4. (iv) The state agency has adequate resources with which to comply with the request.

   3. (D)

      1. (i) The state registrar shall enter into research agreements for all approved research requests.

      2. (ii) Each research agreement shall:

         1. (a) (a) Specify exactly what information will be disclosed; and
         2. (b) (b) Prohibit release by the researcher of any information that may identify any person or institution.

      3. (iii) Additionally, each research agreement may provide that in the event of breach the principal investigator or investigators and collaborator or collaborators shall:

         1. (a) (a) Be barred from participation in future research agreements; and
         2. (b) (b) Pay to the state agency the sum of five thousand dollars ($5,000) per violation of the research agreement;

5. (3) For all requests for disclosure of information contained in vital records or reports for research that does not contain identifiers but may identify any person or institution, a signed agreement form must be obtained from the person or entity requesting the information that provides the following assurances:

   1. (A) The recipient will neither use nor permit others to use the information in any way except for statistical reporting and analysis;
   2. (B) The recipient will neither release nor permit others to release the information or any part of the information to any person who is not a member of the organization without approval of the state registrar;
   3. (C) The recipient will neither attempt to link nor permit others to attempt to link the data set with individually identifiable records from any other data set;
   4. (D) The recipient will neither use nor will allow anyone else to attempt to use the information to learn the identity of any person or institution included in the information provided; and

   5. (E) If the identity of any person or institution is discovered inadvertently, the recipient:

      1. (i) Will not make use of this knowledge;
      2. (ii) Will immediately notify the state registrar;
      3. (iii) Will safeguard or destroy the information that led to the identification of the individual or institution as requested by the state registrar; and
      4. (iv) Will inform no one else of the discovery;

6. (4)

   1. (A) The state registrar shall not issue a certified copy of a record until the applicant has provided sufficient information to locate the record.
   2. (B) Whenever it shall be deemed necessary to establish an applicant's right to information from a vital record, the state registrar shall also require identification of the applicant or a sworn statement; and

7. (5)

   1. (A) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, divorce, dissolution of marriage, or annulment, such records in the custody of the state registrar shall become available to any person upon submission of an application containing sufficient information to locate the record.
   2. (B) For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his or her possession.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Reference: Sections 2, 11 and 12 of Act 1254 and Section 2 of Act 1295 of 1995)"