N.Y. Comp. Codes R. & Regs. tit. 10 § 35.4 - Disclosure of Death Certificates

This regulation states that certified copies of death certificates are not subject to disclosure under Freedom of Information Law.  This regulation limits the disclosure of death certificates to seven specific situations:

1. When court ordered
2. When requested by an immediate family member or lawful representative
3. When there’s a documented need to establish legal right or claim
4. When there’s a documented medical need
5. When requested by municipal, state or federal agencies for official purposes
6. When needed for state-approved medical or scientific research
7. When needed for state-approved statistical or epidemiological purposes

The regulation requires that death certificates issued after January 1, 1988 contain a confidential section listing the cause and circumstance of death.  The regulation further requires that whenever a copy of a death certificate is issued because of the above stated reasons, this confidential section be removed from the issued copy.  This confidential section may be disclosed if one of the same seven situations is met with respect to this confidential information.