Oregon Revised Statutes Chapter 432 § 432.350 — Vital

Vital records exempt from public disclosure; exceptions; rules. (1)(a) Vital records and reports, and documents, data and information related to vital records and reports, are exempt from public disclosure under ORS 192.311 to 192.478. Except as provided in this section and ORS 432.380 or rules adopted by the State Registrar of the Center for Health Statistics as described in paragraph (b) of this subsection, a person may not disclose or allow a person to inspect vital records or reports or related documents, data or information. (b) The state registrar may adopt rules permitting the disclosure of vital records and reports and related documents, data or information if the disclosure is for public health purposes or if the state registrar otherwise determines that: (A) The requestor has a valid need for the information; (B) The information cannot be obtained from other sources; (C) The requestor is authorized to receive the information; and (D) The integrity of the vital record or report can be assured. (2)(a) Personally identifiable information that may be used to identify a natural person named in a vital record or report may be disclosed for health research purposes after submission of a written request for the information by a researcher and the approval of the state registrar through the execution of a written research agreement that: (A) Describes the research project; (B) Documents, if necessary, applicable institutional review board approvals; and (C) Protects the confidentiality and security of the information provided. (b) An agreement entered into under this subsection: (A) Must: (i) Prohibit, except as explicitly permitted in the agreement, the further release of the personally identifiable information by the researcher unless explicitly authorized by the state registrar; and (ii) Specify that the state continues to own the information provided to the requester; and (B) May require payment for the use of the requested information. (3) A government agency may be furnished, upon written request and the approval of the state registrar, with copies of documents or other data from the system of vital statistics, provided that the copies or data are used solely in the conduct of the government agency’s official duties. Before furnishing information under this subsection, the state registrar and the government agency requesting the copies or data shall enter into a data sharing agreement that clearly specifies the uses for the copies or data. An agreement entered into under this subsection: (a) Must: (A) Contain measures to protect the confidentiality and security of the copies or data; (B) Prohibit the further release of any personally identifiable information by the government agency unless explicitly provided in the agreement; and (C) Specify that the state continues to own the copies or data; and (b) May require payment for the use of the requested copies or data. (4) The federal agency responsible for national vital statistics may be furnished with copies of records, reports or other data from the system of vital statistics as necessary for the maintenance of national statistics, provided that the agency shares in the cost of collecting, processing and transmitting the information and that the agency does not use the information for purposes other than statistical purposes unless the use is explicitly authorized by the state registrar. Before furnishing information under this subsection, the state registrar and the agency shall enter into a data sharing agreement that clearly specifies the uses for the information. An agreement entered into under this subsection must: (a) Prohibit the further release of any information by the agency unless explicitly authorized by the state registrar; and (b) Specify that the state continues to own the information. (5)(a) The state registrar, pursuant to an interjurisdictional exchange agreement, may transmit copies of records, reports or other documents or other data from the system of vital statistics to offices of vital statistics in other states or neighboring countries. The exchange agreement must specify the purposes for which the copies or data may be used by the other state or neighboring country and provide instructions for the proper retention and disposition of the copies and data. (b) Copies of records, reports or other documents or other data received by the Center for Health Statistics as a result of the exchange agreement are confidential and not subject to public disclosure under ORS 192.311 to 192.478, and the state or neighboring country in which the vital event occurred continues to own the copies and data. (c) An exchange agreement entered into under this subsection may not allow the disclosure of copies of records, reports or other documents or other data of a vital event that did not occur in the state or country that is transmitting the information. (6) When the death of a