RootsChat.Com
Research in Other Countries => New Zealand => New Zealand Resources & Offers => Topic started by: Janette on Wednesday 03 November 10 19:40 GMT (UK)
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Hi All,
Yesterday I emailed a Funeral Director asking for info and was refused under the Privacy Act.
I made an inquiry to the Privacy Commissioner's Office,this was the reply I received this morning
Dear Janette ,
The Privacy Act deals with personal information about a natural person which means that general information about a deceased person is not covered by the Privacy Act. However health information about a deceased person is covered by the Privacy Act and remains so for 20 years from the date of death.
Therefore if the information you wished to obtain from the FD was not health information, then the Privacy Act would not restrict the information being disclosed to you.
I trust this information will be useful.
Regards
XXXXX XXXXXXXXX
Senior Enquiries Officer
Office of the Privacy Commissioner
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Thanks for posting and clarifying Janette. Be handy to have for future use.
Cheers
KHP
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I would also like to say thanks Janette as well.
It looks like something we can use in the future for some of our requests to FD's
Newbe
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Thanks Janette,
I wonder if we could use that argument in prising details from BDM where they refuse to provide a printout of early birth that might show details of father. ???
as described here
http://www.mail-archive.com/new-zealand-l@rootsweb.com/msg05529.html
Would welcome advice from anyone else with this problem.
John B
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That's interesting. I must of had a lucky day when I emailed a funeral Director last year. I asked for the family's details, and within that hour I made contact with a long lost relation on mum's side. Found out death cause by asking this ladies daughter, so maybe when asking funeral directors for details, just ask for direct relations contact phone number or address.
Suzy W
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Good to know this info
I think that funeral directors vary greatly in what they provide..don't you find this ???
Some just flick you all the info they have, and others seems more hesitant
Bye
Althea
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I forwarded the Privacy Commisioners email to the FD and received copies of the death certs almost immediately ;D ;D
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Whilst in this case the FD incorrectly referred to the Privacy Act in refusing information, what if they simply refused, is there any legislation that compels a FD to provide information?
Andy
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Andy thats an interesting question...it could be ambigious, although information but on health isn't private, do they have to supply the information.
I have just received an email stating that FD records are not a public document..so I have asked them to clarify and copied off Janettes response from the commisioner...we'll see how that pans out.
lil
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Hi Lil,
Let us know how you get on.
Cheers Janette
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Will do ;D
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I must say the FD's I have emailed have been pretty good in providing the info, one even went on to tell me the ex-wife's new surname,. :)
Cheers
KHP
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I would have thought any info that was in a newspaper notice was a public document,It makes you wonder were they get their ideas from ::)
Cheers Janette
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Probably from a cereal packet. Anyway, they are the ones that put the newspaper article in the paper in the first place.
Cheers
KHP
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Hi
Funeral Directors are commercial businesses and I think you will find that their records, like any other commercial business, are not public documents as they told Lil. As the original post says The Privacy Act doesn't restrict access but it also doesn't compel access to material not restricted. You would have to check for legislation pertaining to the funeral industry to see if they are compelled to keep certain records and for how long. Also such legislation may indicate who can access information and how eg a particular government department or a court order.
When a FD inserts a newspaper notice they are acting on behalf of and at the request of the person organising the funeral. There is no compulsion to put a notice in the paper and some people don't.
Andy
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There is no compulsion to put a notice in the paper and some people don't.
Andy
Anyone who wants privacy, I would advise not to place a death/funeral notice in the newspaper. These are automatically put on all manner of online sites without the families knowledge or consent.
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And here is my reply
We are happy to give you personal details of the deceased. But our records are not public documents.
We are not able to disclose the living whereabouts of a living person.
With regards to identity theft we are very careful as to who and what we give out. I believe you are
supposedly acting on behalf of someone and not directly related.
We trust this clarifies the situation.
Now I have to ask...I personally have not seen living persons details on a funeral directors records except maybe a name once.
Anyhow I now asked for the details of William...see how that pans out!
lil
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Now I have to ask...I personally have not seen living persons details on a funeral directors records except maybe a name once
The living persons details would relate to at least the person organising the funeral. Some of the paperwork would likely have the name of that person on it and as such that persons details are likely covered by the Privacy Act.
One other thing that a FD in New Zealand may have to consider is legislation regarding death certificates if the death does not fall into the Historical catergory ie more than 50 years ago or the deceased born more than 80 years ago.
Andy
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Yes, I can accept that Andy...I just haven't actually got any living ones on the records for my family except for a more recent death for an immediate family member. The people may have been living at the time of death but when I've got a round to the records, they all had passed away, just didn't cross my mind.
As they say, the records are not public. In truth this is the only Funeral Directors that have given me any resistance, for my own and on behalf of others. Anyhow, since they think I'm supposedly acting on behalf of a friend I have now asked which form of communication would be suitable for my friend to contact them to prevent any further confusion and doubt:)
lil
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Hi Lil
One thing I've noticed is that more sources of information, such as Funeral directors, are being mentioned on various forums and do wonder if the number of enquiries they are getting are increasing. My working background was Payroll and Human Recources and am aware of the time it can take to extract information regarding former employees for example. When I was working it was rare to get a request from anyone other than a former employee themselves or a government department, anyone else enquiring was refused. A former collegue still in HR was telling me that requests from others about former employees were increasing. He said that it has to be exceptional circumstances before they would even consider the request.
I suspect that in time more and more of these alternate sources are going to be less helpful after all time is money.
Andy
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Andy
I suspect you are right about the funeral directors being less willing to help in the future. And I am consciously aware of the time factor to look the information up and am very grateful for the help, as the records have been a wonderful source of information. In truth we are not as important as existing family's needs for the death of a loved one.
lil
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I think that funeral directors vary greatly in what they provide..don't you find this ???
Althea
Some funeral directors in Queensland and NSW at least have made their records available for local FH Societies to index.
On the other hand ... I once sent a sympathy card to a family c/- the funeral director with a "please forward' on the envelope, and it came back to me as 'address unknown' - they hadn't even bothered to consult their files, obviously!
Dawn M
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Have had a reply from the funeral directors tonight, out of respect she has provided me with information on the person I was inquiring about, as well as family details. A bit of advise given that I need to be specific next time I need information. I can live with that ;D
lil
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Hi,
If you have the cemetery entry,it pays to cut and paste it in your email to the FD
Malkie Bob
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Hi Malkie Bob ;)
Welcome to Rootschat. If you post two more times, then you can will be able to use the PM system.
Cheers
KHP
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Thank you,KHP
Will do
Malkie Bob
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;D