1939 register - closing an open identity

[Bearnan]

Dad doesn't actually know about it,  and to be honest I don't think it would bother him too much. It annoys my sister and I though.
He still lives independently and is very much 'with it'.........Most definitely alive! 

[Guy Etchells]

My 95 year old dad's open too. My sister was told we have to prove he's alive for it to be closed.

How strange is that....they obviously don't have a DC for him, is that not proof in itself 

Annie

FindMyPast don't use DCs unless a member of the public ask them to open a record, the 1939 has a column on the right hand page that is marked if the subject died.
I suspect that the majority of records opened in error are due to column slippage during the transcribing/recombining process and it is only now coming to light.

I would not be surprised to hear that some may have been opened due to an error in the new GRO death index, if they have been using that, but I have no proof of this.

The problem seems to be that a number of people are getting annoyed even when the subject of the record may not be.
Cheers
Guy

[PrawnCocktail]

The problem seems to be that a number of people are getting annoyed even when the subject of the record may not be.
Cheers
Guy

Trouble is, Guy, that these are now elderly people, who are very vulnerable. My m-i-l is nearly blind, and over 90. And this reveals married names, maiden names and dob's. Understandably, we worry about them. Mercifully, her dob is wrong on the record!

[groom]

Trouble is, Guy, that these are now elderly people, who are very vulnerable. My m-i-l is nearly blind, and over 90. And this reveals married names, maiden names and dob's. Understandably, we worry about them. Mercifully, her dob is wrong on the record!

Isn't it sad that we have to be so worried about the possibilities of scams etc. I only hope that any scammers wouldn't bother to go through the 1939 and cross match the records to find living people as there must be easier ways.

I still think that as FindMyPast have placed the onus on us to prove a person is dead before they open up a record, that they should take responsibility for closing any record that they have opened in error. Why would anyone want an open record closed unless that person was still alive? 

[Cell]

The 100 year cut off is not a statutory cut off it is simply a length of time it was thought most people would be happy with.
Unlike other countries in the World the UK has no law of privacy.

Cheers
Guy


[/quote"]

"Why are some records in the 1939 Register officially closed?

Answer:

Individuals’ records remain closed for 100 years from their date of birth (100 year rule).  Records remain closed for people born less than 100 years ago until proof of death is verified."
The quote above is from findmypast questions and answers page http://www.findmypast.co.uk/frequently-asked-questions/answer/why-are-some-records-in-the--register-officially-closed

So their own declarations  are meaningless, lies ? If so, they are guilty of Deception- on purposely declaring   misleading statements to their subscribers and the public.

  They clearly state that under 100 yrs, the records will remain closed on their site -  They are doing the complete  opposite of what they have declared  to their customers and the public.
This is legal? I think not!

It's up to them to prove a person is dead. A person under 100 should not have to prove that they are alive - because findmypast have declared that all records under 100 will remain closed unless the death is verified (which obviously it wasn't verified if the person is still alive). The records should not be open according to their  own public statements and rules.

Is there a watchdog , or civil rights body in the uk that you can take your complaints to? Findmypast is not above the laws
Kind Regards
Ps, If they asked me  to prove the person is alive - I would ask them to first show me the verification that they have  that the person is dead. If they couldn't give  me one , I'd point them to their declaration and demand that they close the record or I'll be taking it further.

[Rosinish]

The 100 year cut off is not a statutory cut off it is simply a length of time it was thought most people would be happy with.
Unlike other countries in the World the UK has no law of privacy.

So, why try to fool people with their laws regarding 'privacy' having to prove someone is alive who they say is deceased?

How many of these Laws are actually 'Law'?

By law they can't do this/that/next but at the same time they are breaking the law by having people (less than 100 yrs old) on view to the public!

In other words the word 'Law' comes into force if/when it suits them.

I think a court would be more inclined to throw out the 'Law' of a 'discussion' (with a relative) of someone who's name (who shouldn't be) by 'Law' is open to the world on their site if the relative took them to court for breaking the 'Law' by having that relation on view to the public simply because they can't prove where they got their supposed proof of the person being deceased.

Annie

[majm]

http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/1939-register/


2.3 Closed records

Individuals’ records remain closed for 100 years from their date of birth or until proof of death is produced. From 1948 the Register was also used as the National Health Service (NHS) Register, and was updated until 1991, when the paper-based system was discontinued. This included notification of deaths, so the records of people born less than 100 years ago, but whose death was reported to either the National Registration authorities or to the NHS, will be open (see also section 7).

Some online search results of the register will have a number of blanked out lines, indicating closed records of individuals deemed to be alive. As more records are made public by 100 having elapsed from date of birth, they are available to search and view online at findmypast.co.uk (£).

Findmypast have also been able to check the names and dates of birth in the 1939 Register against the General Register Office indexes of deaths, enabling the opening of many more records where exact matches are found.

and

8. Why are the records closed for 100 years?

Information relating to living individuals is withheld under sections 40(2) and 40(3)(a)(i) of the Freedom of Information Act 2000. In February 2004 the Lord Chancellor’s Advisory Council on National Records and Archives considered and accepted a proposal for the use of a standard closure period, and that a lifetime of 100 years should be assumed.

100 years  from date of birth is a method for calculating the closure period for personal information about people who may still be alive. The information about them will remain closed for 100 years from their date of birth, as given on their entry in the 1939 Register (unless the record has been uniquely matched to a registered death record).

and

5.1. They were born less than 100 years ago

The record of anyone born less than 100 years ago is closed because they are deemed to potentially still be alive (if you can prove that they are dead you may be able to get the record opened). For more information see sections 9.

If someone was born less than 100 years ago, and has died, their record may still be closed if their death was not notified and recorded in the register. Deaths that occurred outside the United Kingdom are unlikely to have been notified. These include the majority of Second World War deaths.

JM

[Rosinish]

JM,

From what has been mentioned re people on 1939 who are still living (younger than 100 yrs old) has no effect on where they died (if outside UK) as they are not deceased & FindMyPast have obviously opened those records without any proof of a death whether inside/outside UK.

Annie

[Rosinish]

JM,

"The record of anyone born less than 100 years ago is closed because they are deemed to potentially still be alive (if you can prove that they are dead you may be able to get the record opened). For more information see sections 9."

This is a contradiction as to what they are asking from the relatives of living people, to prove they are still living   

I'm confused with what their rules say & what actually happens when someone notifies them of living people being on view 

Annie