Wednesday, August 25, 2010

New Hungary Law Requiring 90 Years From Entry Into Register for Records Release

Act 1 of 2010 on Legal Procedures for the Registration of Birth, Death and Marriages (Register Act) [Hungary] requires 90 years passage since the entry of the data into the registry for release of records. (*not from the birth, marriage or death occurrence). The law becomes effective January 1, 2011. As a result of the new law, FamilySearch.org is no longer delivering
images to the Internet beyond 1920. To date, FamilySearch has not received any request to remove the films from circulation.

In speaking with Kahlile Mehr, IAJGS Director-at-large and FamilySearch manager of the Slavic Collection he indicated that archivists in Hungary are attempting to have the new law amended before it takes effect . Current wording in the new law states:

Act .. of 2010 on the amendment of Act I of 2010 on Legal Procedures for the Registration of Birth, Death and Marriages (Register Act)

Current text

§79 (1) The release of data recorded until December 31, 1980 and contained in duplicate copies of birth, death and marriages registers ("Registers") stored in Public Archives is subject to regulations applicable to the release of data from birth, death and marriages registers - with the exception given in section (2).

(2) As for access to data entered into the Registers stored by Public Archives, provisions regarding the research into records of public archives contained in the Act on Public Archives shall be applied if 90 years have passed since the entry of the data into the Register.

Kahlile advised that Family Search was told that archivists are trying to get the law amended by the newly elected government. This is the wording of the proposed amendment:

Proposed text for §79. (2)

(2) As for access to data entered into the Registers stored by Public Archives, provisions regarding the research into records of public archives contained in the Act on Public Archives shall be applied depending on the date on which the data was first entered into the Register.

Reason for change

Act I. of 2010 on Legal Procedures for the Registration of Birth, Death and Marriages will take effect on January 1, 2011. Preliminary analyses of the bill reveal that at some areas of the proposed legislation do not comply with reality, while some are inconsistent with other legislation already in effect. This would make it necessary for Parliament to make amendments before the new act takes effect in view of the arguments detailed below.

If you are interested in more detail please contact me.

As IAJGS learns more about any amendatory legislation being enacted it will be reported on this forum.

Jan Meisels Allen
IAJGS Director -at-large
Chairperson, Public Records Access Monitoring Committee

1 comment:

  1. Can someone explain this law to me. If I want to see birth records from around 1870 will I be able to look at them?

    ReplyDelete

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