Thanks, Dee Dee, and to everyone who responded. I received some great tips -- plus the answer I sought – and do feel encouraged. The patient I’m referring to was an elderly man who was reported in the newspaper article under what I will refer to as "name 1." He was picked up on the streets of Boston in 1918 in a confused state. No family was mentioned. Just before he died in 1924 at the state hospital he claimed to be someone else entirely (name 2) who had a family living in Lowell, MA. The Police couldn’t find any family at the time and the man was buried under name 1. Four years earlier, however, he was likely enumerated under name 2 – at the hospital -- in the 1920 U. S. census. There could be descendants looking for him. On Tue, Feb 17, 2015 at 3:56 PM, <[email protected]> wrote: > > It is not clear to me whether the law Debbie is referring to was in effect > at > the time of the event/publication or if it is a more modern law. Unless a > modern law had specific language covering acts/conditions in the past, you > can't > apply a law retroactively. > > If it is Massachusetts General law, Chapter 123, section 36 - then you > have to > know when that law went into effect, plus as Karen said, what/when it > covers. > > Newspapers frequently published records from the courthouse - licenses or > recorded marriages, commitments, sometimes births reported from the > hospital or > the registrar of the jurisdiction, deaths, real estate transactions, > bankruptcies, divorces, etc. > > You're not accessing the protected records of the state hospital, you are > accessing a newspaper that is available to anyone in the public. Your > source is > the newspaper. > > d > > > > > > > On February 17, 2015 at 3:45 PM Debbie Dale via > > <[email protected]> wrote: > > > > > > Hi Karen -- Thanks for your answer. Yes, I had read the section of the > > legislation and found no such provisions. The only thing that might apply > > is disclosure is/was possible when it was in the best interest of the > > patient. Perhaps it was so when this particular article was published (I > > have reason to think it was)-- but there are many such articles in older > > papers from the same state regarding different people, some on the > > sensational side, some not. However, I certainly don't want to violate > any > > state legislation. > > > > On Tue, Feb 17, 2015 at 12:59 PM, Karen Rhodes via < > > [email protected]> wrote: > > > > > > > > > > > It's already been published, in the newspaper, so obviously, unless the > > > newspaper later was prosecuted for doing so, printing such information > > > did not violate the state law. The legislation must contain a provision > > > allowing for publication of the date and a brief statement of the > > > cause. Have you read the statute? > > > > > > As long as you observe "fair use" principles and cite your source, the > > > newspaper, I wouldn't worry. > > > > > > The state may have a time limit or other provisions regarding the > > > information. I know that such records are protected in Florida, and > > > access to them in the state archives is restricted to immediate family > > > or direct descendants. Again, a reading of the statute (and any > > > subsequent modifications to it, if any) might clear up such questions. > > > > > > Karen Packard Rhodes > > > Middleburg, Clay County, Florida > > > > > > > > > On 2/17/2015 3:34 PM, Debbie Dale via wrote: > > > > This question may have an obvious or simple answer….or not. I began > > > > research on an Irish immigrant whose life ended in a state hospital > where > > > > patient records are protected by state legislation. > > > > > > > > > > > > If I find information in an older issue of a newspaper (in the same > > > state) > > > > regarding this person’s hospital commitment date AND the reason for > which > > > > he was committed, would I be violating the law if I republished the > > > > information? > > > > > > > > > > > > I have yet to find any of his descendants, but have good reason for > > > wanting > > > > to find them and to pursue this. > > > > > > > > > > > > > ------------------------------- > > > To unsubscribe from the list, please send an email to > > > TR[email protected] with the word > > > 'unsubscribe' without the quotes in the subject and the body of the > message > > > > ------------------------------- > > To unsubscribe from the list, please send an email to > > [email protected] with the word > > 'unsubscribe' without the quotes in the subject and the body of the > message > -- > Dee Dee King, Certified Genealogist (sm), Certificate 903 > Forensic Genealogy Services LLC > and Contract Genealogist, US Navy Casualty, POW/MIA Branch > > Mail address - PO Box 1085, Manvel TX 77578 > Telephone/fax 281-595-3090 > www.forensicgenealogyservices.com www.facebook.com/forensicgenealogist > > Certified Genealogist (CG) is a service mark (sm) of the Board for > Certification > of Genealogists®, conferred to > associates who consistently meet ethical and competency standards in > accord with > peer-reviewed evaluations every > five years, and the board name is registered in the US Patent & Trademark > Office. > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word > 'unsubscribe' without the quotes in the subject and the body of the message >