That's the point that I was asking at the very beginning.
I can understand not divulging the contents of a valid BC to law enforcement without a subpoena. I cannot understand protecting a forger by not confirming that a BC is a fraud. If it is known to be a fraud, then it would not be covered by privacy laws, and the governing agency should be free to speak about it.
This is also why index data is not covered by privacy laws. The public has a right to know that a transaction with the government took place. They do not have the right to know about the contents of that transaction. The HDOH was arguing that the presence or absence of index data are clues to the contents of Obama's COLB, and so are also covered by privacy rights. It appears that only Obama's COLB is covered by this interpretation.
-PJ
Right, and I was asking her about whether she would tell law enforcement if somebody was using what she knew was a forgery. And as I understand it, somebody who knows a felony is being committed and fails to report it may be guilty of misprision of felony. Her response seemed to me to be saying that by reporting that something was a forgery she would be revealing something about the genuine BC (if there is one) because it reveals that it’s NOT exactly what the forgery has.
The legal status of the BC is also supposed to be public, since anybody is supposed to be able to receive a non-certified copy of somebody’s COLB. But the HDOH said they couldn’t reveal index data from a certain index such as the Delayed Birth Certificate Index (which is an indext that exists; they have it listed as one of the indices they are supposed to check, in the “For Office Use Only” portion of their BC copy request form), COHB, Pending, etc. They don’t want to reveal the legal status of the BC, which is supposed to be public information.
As it stands, we have no idea what all records they include in their general birth index. We have no way of knowing whether a name that shows up in the index is because there is a legally-valid BC, or whether it’s just a note on a kleenex saying “Obama was born here” (like the cartoons people post here and my kids and I laugh our fool heads off over. lol)