Office of Information Practices

Opinion Letter No. 90-23
June 28, 1990
Vital Statistic Records

[NOTE:  Section 338-18(b), Hawaii Revised Statutes (HRS), the statute at issue in this opinion, which states that the Department of Health shall not permit inspection of vital statistics records unless it is satisfied that certain conditions are met, was amended by Act 190, Session Laws of Hawaii (SLH) 1991, and further amended by Act 305, SLH 1997, Act 246, SLH 2001, Act 86, SLH 2012, and Act 199, SLH 2021, which may materially affect the conclusion reached in similar future opinions.]

Section 338-18, Hawaii Revised Statutes, specifically restricts access to vital statistic records maintained by the Department of Health. This statute restricts access to vital statistic records to the registrant, the spouse of a registrant, parent of the registrant, a descendant of a registrant, and a person having a common ancestor with the registrant who can demonstrate that the information is necessary for the determination of personal or property rights. We conclude that this section was intended to permit individuals to obtain copies of vital records irrespective of whether they are related to the registrant, as long as the information is necessary for the determination of personal or property rights.

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