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Archiver > APG > 2007-09 > 1189806862


From: Katherine Flynn <>
Subject: Re: [APG] Legal Issue
Date: Fri, 14 Sep 2007 14:54:22 -0700 (PDT)
In-Reply-To: <20070914143515.D3AF179B@resin09.mta.everyone.net>


I too asked this clarification question directly of
Edward earlier today. I do not feel we can adequately
respond to this posting until we have all the facts.

I have been board-certified since 1997 and doing
genealogy since 1993 but if I found out from any of my
schools that someone was writing asking for my records
I would definitely be objecting on privacy issues. I
would not go directly to a cease-and-desist letter but
I would formally protest and ask why they were doing
this.

Bottom-line, I think there is more to this story than
we know.

Most sincerely,
Kathy Flynn
--- " Charles S. Mason, Jr." <>
wrote:

> So far no one has addresed one point in Edward's
> e-mail. The uncle in this case found out about his
> neice doing research on him when she contacted a
> private school. My questions is did the school
> contact the uncle. In this case she may be dealing
> with recvords that are not open to the public, a
> private school's records. It becomes a question of
> the school's policy on what records they make
> available and to whom.
>
> I have no problem with records that are normally
> open to the public, i. e. public records at
> courthouses, vital records, etc. However, I tell my
> students to be careful when the request records that
> are considered private. For example: church,funeral
> home, cemetery, businesses, etc. I tell them to
> contact these record holders, but if they are not
> willing to share their records, they should not
> continue to persue them. In some cases you can wait
> a while and maybe someone else will be available who
> will be willing to share their records. But under
> no circumstance should they demand they these
> private records be shared with then.
>
> If these were public records I would just ignore my
> uncle. Since it appears that she was asking for
> private records, I would still research uncle in
> public records, but lay off the private records.
> She will probably out live her uncle and can go
> after them later.
>
> Chuck Mason
> Fairfax Co. VA
>
>
> --- wrote:
>
> From: Edward Groszewski <>
> To:
> Subject: [APG] Legal Issue
> Date: Thu, 13 Sep 2007 19:08:34 -0400
>
> >
> > Hello,
> > A student of mine recently contacted me for
> advice because she
> > received this letter from an uncle:
> >
> > RE; INVASION OF PRIVACY/IDENTITY THEFT ISSURE
> >
> > PLEASE BE ADVISED THAT THIS LETTER IS NOTICE FOR '
> A CEASE AND
> > DESIST ORDER" FROM----------------
> > TO -----------, REGARDING THE ACCUMULATION AND
> STORING OF PERSONAL
> > INDIVIDUAL AND FAMILY INFORMATION OF SAID FAMILY.
> >
> > -------------REGARDS YOUR PAST EFFORT TO GAIN
> INFORMATION
> > CONCERNING HIS PRESENT AND PAST FAMILY AS AN
> INVASION OF PRIVACY.
> >
> > -------------AND FAMILY ARE NOT PUBLIC FIGURES.
> >
> > PERMISSION TO GATHER INFORMATION CONCERNING
> ---------------AND
> > FAMILY HAS NEVER BEEN GRANTED TO ANY INDIVIDUAL OR
> GROUP.
> >
> > ------------------------AND FAMILY ARE CONCERNED
> WITH IDENTITY
> > THEFT OF OUR GOOD NAME AND FORTUNE.
> >
> > NO FURTHER NOTICE WILL BE GIVEN IN THE FUTURE.
> >
> >
> > My student and her uncle have been estranged
> for many years.
> > This uncle found out about her research when she
> requested some
> > school records from a private school. The letter
> was prepared by
> > her niece, who is a lawyer.
> > I advised her not to research into this man's
> family, but, if
> > she wanted to maintain a complete record, to list
> him as "Living
> > Surname." I felt that she is perfectly entitled,
> however, to
> > continue her research into any ancestors that she
> and her uncle
> > have in common.
> > I would appreciate any comments from those
> who have faced a
> > similar situation or who are more familiar with
> the law (all
> > individuals are residents of New York).
>
> Ed Groszewski
>
>
>
>
>
> .
>
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