To address a couple questions from the WI FOIA council:
If we change the open records from 1907 to 75 (or 100) years what is the effect on fraudulent use of those records?
If the law changes to a 100-year rolling sunset, the impact on fraud would likely be statistically invisible. Most states that have moved to 100-year public access have not reported a spike in identity theft linked to those historical archives. However, moving to 75 years might invite stronger push-back from the Register of Deeds Association and state agencies, who argue that the overlap with the living population creates a "surface area" for fraud that doesn't exist at the century mark. However there is no reason not to have 75 years for death records etc.
Sources checked: IdentityTheft.gov and the FTC’s Consumer Sentinel Network Data Book, and https://www.naphsis.org/member-benefits/fraud-alert-system/ Also see the Testimony on AB709 (1998), where the Department of Health and Family Services was not able to cite a single case where a per 1907 record was used in a fraudulent manner.
How will the change be a benefit to ALL of the people in Wisconsin and not just to family history researchers?
-Economic Growth through "Ancestry Tourism"
Genealogy is one of the fastest-growing reasons for domestic travel. (see "Belgian Knighthood For Harry Chaudoir", 1977-06-15 GBPG & "List Names Of 246 Belgians To Visit 1975," 1975-06-19, DCA)
-Efficiency in State & County Government
Right now fees for vital records of all ages are used to prop of various social services. Wisconsin’s system is built on a transactional fee model rather than an access-to-information model.
This will force a re-balance of where funding should actually be coming from vs continuing to rely on very old records. It will likely be offset by;
A rolling sunset automates the release of older records, reducing the "red tape" and administrative hours spent manually vetting requests for records that have zero identity theft risk. This frees up county staff to focus on modern security and faster processing times for living citizens who need records for passports or real estate transactions.
-Public Health and Medical Research
Open access allows medical historians and epidemiologists to study long-term health trends in Wisconsin without the hurdle of proving "direct lineage" It's also less hurdles if you have genetic diseases etc.
-Transparency and Government Accountability
A rolling sunset ensures that the government is not the permanent "owner" of the people's history. It reinforces the principle that records belong to the public once the privacy interest of the individual has naturally expired. As it sits Ancestry has more access to the records than we do as Wisconsin residents.
-Consumer protection
While opponents focus on the risk of opening records, there is a compelling case that open records actually empower consumers and prevent fraud in ways the current closed system cannot. Examples;
When the Social Security Death Index (SSDI) was first made public it helped; Government "Do Not Pay" Systems: Federal agencies use the full file to identify and stop benefit payments (Social Security, veterans' pensions, etc.) to individuals who are deceased. It also helps Banks, insurance companies, and credit bureaus who use the index to flag accounts. When a person’s SSN appears on the list, credit bureaus "freeze" the file, preventing identity thieves from opening new lines of credit in a dead person's name.
Verification of "Imposter" Claims -When records are closed, a scammer can claim to be the heir to a family plot or a "long-lost cousin" with a "legal right" to family funds, and the average citizen has no way to verify those names or dates.
"Quiet Title" and Real Estate Scams - Fraudulent "clouding" of property titles is a major consumer issue, especially with vacant or inherited land. Open vital records allow title companies and homeowners to definitively prove a "chain of death and birth," making it much harder for fraudsters to illegally claim or sell land that doesn't belong to them.
Preventing "Breeder Document" Black Markets - When a 110-year-old record is treated as a high-security state secret, it gains an artificial "value" for identity thieves looking for a "clean" identity. By making them public and marking them deceased the state effectively "devalues" the record for criminals.
Fixes the long standing issue that copying a reference record may result in felony. A quirk of the law that they aren't even decent enough to warn you about.
Who benefits from the law change?
Small Businesses Increased revenue from visiting researchers and heritage tourists.
Taxpayers Lower administrative costs at the Register of Deeds due to simplified access.
Homeowners Faster resolution of estate and title issues for inherited property.
Doctors/Scientists Unhindered access to historical data for genetic and public health studies.
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