AO-18-00
December 12, 2000
Mr. W. Keith Midgette
Newport News, VA
The staff of the Freedom of Information Advisory Council
is authorized to issue advisory opinions. The ensuing staff
advisory opinion is based solely upon the information presented
in your email of November 30, 2000.
Dear Mr. Midgette:
You have asked a question concerning access to your grandmother's
death certificate from the State Health Department. A death
certificate is considered a vital record, and as such is governed
by Chapter 7 (§32.1-249 et seq.) of Title 32.1 (Vital Records)
of the Code of Virginia, relating to the Department of Heath,
generally. Specifically, subsection A of § 32.1-271 exempts
vital records from the scope of the Virginia Freedom of Information
Act. Subsection D of § 32.1-271 further provides that when
50 years have elapsed from the date of death, the death certificate
may become public record. The proper authority to whom to
appeal a decision of nondisclosure of a local registrar is
the State Registrar.1 The Virginia Freedom of Information
Advisory Council has authority to issue opinions based on
interpretations of the Virginia Freedom of Information Act,
and as this inquiry falls outside its reach, cannot offer
further guidance.
Thank you for contacting this office. I hope that I have
been of assistance.
Sincerely,
Maria J.K. Everett
Executive Director
1Va. Code Ann. §32.1-271(C) (Michie 1997).
