Even if the paper records were destroyed, by Hawaii law they must have a complete electronic copy archived and made available to the public.
Here is the law, form the Hawaii Revised Statutes:
92-31 Disposition of original record. A photograph, microphotograph, reproduction on film, or electronic form of a government record shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same. Thereafter, a public officer, after having first received the written approval of the comptroller as provided in section 94-3, may cause such record, paper, or document to be destroyed. The comptroller may require, as a prerequisite to the granting of such approval, that a reproduction or print of such photograph, microphotograph, or reproduction on film, or electronic form of the record be delivered into the custody of the public archives for safekeeping. The comptroller may also require the delivery into the custody of another governmental department or agency or a research library of any such record, paper, or document proposed to be destroyed under the provisions of this section.
So, either the original microfiche copy is still available or a complete reproduction of it in electronic form is available. To put something in electronic form and not copy all the data on the original document would be against the law. Where these files have to be accessible and provisions have to be made for examining them, it would be misleading for the Department of Health to say that the information on the original Certificate of Live Birth is no longer available. Under Hawaii Revised Stautes 338-18, those with a direct and tangible interest in the record are permitted inspection of public health statistics records. That would include either the microfiche or electronic copy of the original Certificate of Live Birth.
Great post!
You wrote-
“WND also reported the Hawaii Department of Heath said no paper birth certificate records were destroyed when the department moved to electronic record-keeping in 2001.
Even if the paper records were destroyed, by Hawaii law they must have a complete electronic copy archived and made available to the public.
Here is the law, form the Hawaii Revised Statutes:
92-31 Disposition of original record. A photograph, microphotograph, reproduction on film, or electronic form of a government record shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same. Thereafter, a public officer, after having first received the written approval of the comptroller as provided in section 94-3, may cause such record, paper, or document to be destroyed. The comptroller may require, as a prerequisite to the granting of such approval, that a reproduction or print of such photograph, microphotograph, or reproduction on film, or electronic form of the record be delivered into the custody of the public archives for safekeeping. The comptroller may also require the delivery into the custody of another governmental department or agency or a research library of any such record, paper, or document proposed to be destroyed under the provisions of this section.
So, either the original microfiche copy is still available or a complete reproduction of it in electronic form is available. To put something in electronic form and not copy all the data on the original document would be against the law. Where these files have to be accessible and provisions have to be made for examining them, it would be misleading for the Department of Health to say that the information on the original Certificate of Live Birth is no longer available. Under Hawaii Revised Stautes 338-18, those with a direct and tangible interest in the record are permitted inspection of public health statistics records. That would include either the microfiche or electronic copy of the original Certificate of Live Birth.”