Author Topic: Census 100 year rule based on what?  (Read 8216 times)

Offline Paulo Leeds

  • RootsChat Senior
  • ****
  • Posts: 305
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Census 100 year rule based on what?
« Reply #9 on: Thursday 22 November 18 14:07 GMT (UK) »
it's a lot less in the USA isn't it?

Offline carol8353

  • RootsChat Marquessate
  • *******
  • Posts: 17,589
  • Me,mum and dad and both gran's c 1955
    • View Profile
Re: Census 100 year rule based on what?
« Reply #10 on: Thursday 22 November 18 14:19 GMT (UK) »
Since the 1921 censor is expected to be released in digital format on 1 Jan 2022, won't the law be broken so that people gain access before then, in order to carry out the digitisation process?


It will be the 2nd Jan 2022 as the 1st is a bank holiday  :)

It may well be being transcribed in columns going downwards as the 1939 was,so that people doing it are not privvy to the whole of the census page in one go.They will just be given for example all the names,or all the DOB's etc.
Census information is Crown Copyright, from www.nationalarchives.gov.uk

Offline Maiden Stone

  • RootsChat Marquessate
  • *******
  • Posts: 7,226
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Census 100 year rule based on what?
« Reply #11 on: Thursday 22 November 18 16:02 GMT (UK) »
It's a shame they cannot release it in the same format as the 1939 register, that is, black out any one who might still be alive.
Yes, GDPR does prevent the release of ANY personal information without consent. presumably unless countered by an Act of Parliament. GDPR does not apply to people who are deceased.
How would "they" know who was alive or dead?
Cowban

Offline iantresman

  • RootsChat Extra
  • **
  • Posts: 10
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Census 100 year rule based on what?
« Reply #12 on: Thursday 22 November 18 18:15 GMT (UK) »
Interesting to read that the US 1950 census will become available in 2022, and in particular, the reasons surrounding it. See:

The "72-Year Rule" (at the U.S. Census Bureau), and in particular the "Letter from Assistant Attorney General Robert G. Dixon, Jr., to General Counsel, General Services Administration, William G. Casselman II, Esg., concerning the origins of the "72-year Rule" and its evolution to 1973" (available here)


Offline BumbleB

  • RootsChat Marquessate
  • *******
  • Posts: 14,301
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Census 100 year rule based on what?
« Reply #13 on: Thursday 22 November 18 18:19 GMT (UK) »
BUT America is NOT England  :-*

Transcriptions and NBI are merely finding aids.  They are NOT a substitute for original record entries.
Remember - "They'll be found when they want to be found" !!!
If you don't ask the question, you won't get an answer.
He/she who never made a mistake, never made anything.
Archbell - anywhere, any date
Kendall - WRY
Milner - WRY
Appleyard - WRY

Offline sugarfizzle

  • RootsChat Aristocrat
  • ******
  • Posts: 1,515
    • View Profile
Re: Census 100 year rule based on what?
« Reply #14 on: Tuesday 27 November 18 15:11 GMT (UK) »

However things are not as clear as that as the General Data Protection Regulation, 2018 (GDBR) prevents personal information to be released which includes any information that when used with other information may identify a person.
Cheers
Guy

It seems strange that I can look up fairly recent births, marriages and deaths, can make a full family tree for someone I don't even know. It seems wrong to me, but I do it occasionally for DNA purposes.

What harm someone could do with this informatuon if they really wanted to is almost unimaginable (or maybe not).

Regards Margaret
STEER, mainly Surrey, Kent; PINNOCKS/HAINES, Gosport, Hants; BARKER, mainly Broadwater, Sussex; Gosport, Hampshire; LAVERSUCH, Micheldever, Hampshire; WESTALL, London, Reading, Berks; HYDE, Croydon, Surrey; BRIGDEN, Hadlow, Kent and London; TUTHILL/STEPHENS, London
WILKINSON, Leeds, Yorkshire and Liverpool; WILLIAMSON, Liverpool; BEARE, Yeovil, Somerset; ALLEN, Kent and London; GORST, Liverpool; HOYLE, mainly Leeds, Yorkshire

Census Information is Crown Copyright, from www.nationalarchives.go

Offline Guy Etchells

  • Deceased † Rest In Peace
  • RootsChat Marquessate
  • ********
  • Posts: 4,632
    • View Profile
Re: Census 100 year rule based on what?
« Reply #15 on: Tuesday 27 November 18 18:54 GMT (UK) »

It seems strange that I can look up fairly recent births, marriages and deaths, can make a full family tree for someone I don't even know. It seems wrong to me, but I do it occasionally for DNA purposes.

What harm someone could do with this informatuon if they really wanted to is almost unimaginable (or maybe not).

Regards Margaret

Why does that seem strange, the main reason for the keeping of records of Births, Marriages and Deaths in the UK was to allow people to construct family trees (for inheritance purposes), because of this and similar requirements in other Acts of Parliament the following exemptions are made in the Data Protection Act 2018 these also cover the GDPR

Schedule 11
Information required to be disclosed by law etc or in connection with legal proceedings
3 (1) The listed provisions do not apply to personal data consisting of information that the controller is obliged by an enactment to make available to the public, to the extent that the application of the listed provisions would prevent the controller from complying with that obligation.
(2) The listed provisions do not apply to personal data where disclosure of the data is required by an enactment, a rule of law or the order of a court, to the extent that the application of the listed provisions would prevent the controller from making the disclosure.
Disclosing such information cannot do harm because only a complete idiot would use names as part of a password and names includes names of chocolate pets names and indeed since the dawn of home computers any real word. Banks were warned in 1972 that if any account relied on a name as a password they would be liable for any loss from that account if the loss arose from the use of the name.
Birth certificates do not prove identity additional current information is required for that.
Cheers
Guy
http://anguline.co.uk/Framland/index.htm   The site that gives you facts not promises!
http://burial-inscriptions.co.uk Tombstones & Monumental Inscriptions.

As we have gained from the past, we owe the future a debt, which we pay by sharing today.

Offline BushInn1746

  • RootsChat Marquessate
  • *******
  • Posts: 3,130
  • My Family's Links 19th Cent
    • View Profile
Re: Census 100 year rule based on what?
« Reply #16 on: Wednesday 28 November 18 02:52 GMT (UK) »
Hello

I made a further request to the A A I B, for A.M. A.I.B. index information held on Air Crashes, but the second request re 1940 was stopped quoting a EUROPEAN DIRECTIVE number, due to the fact that some of those involved (named) were injured, survived and could possibly be still alive.

European Leglislation
European Leglislation has already overidden part of British Law it seems and were becoming the dictators of our Laws. Unless you can find a British override agreed.

Withheld Census
Regarding the Census the PRO (now TNA) did say that where you can identify a relative was living at a specific address AND are prepared to pay the search fees, they would attempt to find and release that part (no 100% guarantee).

So if you can get something like a Death or Birth Certificate or other Formal document close on the Census date and pay the fee, then you might be lucky.

Mark

Offline LizzieW

  • RootsChat Marquessate
  • *******
  • Posts: 10,948
  • I'm nearer to finding out who you are thanks DNA
    • View Profile
Re: Census 100 year rule based on what?
« Reply #17 on: Wednesday 28 November 18 14:25 GMT (UK) »
Just as silly is the so-called 100 year rule that prevents me gaining access to my g.uncle's medical records.  He lived in an asylum from 1907 until his death in 1964.  The head of the asylum told me I could have a copy of the records but, unfortunately, they were being held by Manchester Archives.  The archivist there was adamant that I couldn't see them until 100 years after his death.  As I would be 123 by then there is no doubt that I will never see the records.  Strangely, other archivists in other record offices seem happy to let people have copies of medical records 50 years after the death of the patient.

After a lengthy correspondence they did agree to let me see his admission page as that was more than 100 years ago and I told them, only small white lie, that one of my sons was suffering mental problems and I wanted to see if whatever my uncle had was hereditary.  In fact my son just had depression, for which he was successfully treated, whereas although not spelt out in so many words, I think my g.uncle must have been schizophrenic.

As my uncle was a single man when he went into the asylum and remained so until his death, he has no living ancestors closer than me and my 4th cousins, none of whom is going to be upset by details in his records.

Meanwhile, you can get your father's records from WW2 after his death without much hassle and there could be lots of things in those records which might be troubling.  I believe, that my father could actually have sent for his own records if he'd realised they were available to him.