Genealogy Chat

There is a rumour going round that there was NO Privacy Clause written into the 1911 and the 1921 Census. Is there any truth in this? If there is can we all have the full details and an explanation, please? I have always understood that there is a 100 year ban on revealing information contained in the Census and that was law of the land. So who changed the rules? It would be very nice - and so convenient - for us to see these Census details but as it takes so long for them to be transcribed, and as the 1901 census was such a disaster, perhaps the PRO should start now on the early ones and with practice should get things correct. Vera, Manchester, Lancs

Its true there was no clause, not until 1971 did they add the 100 year clause. Sorry I can't seem to find the website I'm after but there are some out there detailing the specifics. I'm not sure what legal standpoint they are using to justify keeping the census out of the public domain.

Very interesting. When you have the details would you please let us know, Stuart? In the meantime I shall ask at my FHS. Thanks, Vera, Manchester

I know that the IRISH government have released census returns early because so many of the previous ones were destroyed, but I don't know about any others. -K

Well its not the site I was thinking of but the follwoing covers some of the mis-conceptions and the actual legalities. It is strong and biased in favour of the census being made available but I thought I post the url all the same: http://home(dot)clara(dot)net/denis(dot)mccready/ Some of the details vary depending who you ask but the core point is the 1958 act which is actually cited by the PRO if you write and request to see the census. They cite it, but claim that due to this act you can't see the census until 2011, the act actually says the census should have become available a long time ago: "Section 5 [3] of the 1958 Public Records Act places a legal duty on the head of the Public Record Office to disclose census records as soon as they are 30 years old or after a longer or shorter period to be determined by the Lord Chancellor and the Registrar-General."

I guess the Lord Chancellor and the Registrar General decided to make it 100 years instead of 30!! - I wonder why???? Christine, Billingham, Cleveland

Yes well that is almost certainly the stated reason why however there is a great deal of doubt whether it was ever enforced by written law. Many say it wasn't and that due to subsequent laws such as the 1958 act it is therefore illegal to withhold the census. Its possible that the Lord Chancellor and the Registrar General did extend the period the census must remain under lock and key however at no time that I'm aware have the PRO produced the piece of paper to prove that fact, they curiously stone wall all enquiries.

How about we all petition the Chancellor to release the census?? Anyone agree? Lynne Sale

The 1998 Data Protection Act would probably now apply to census data in the UK. This protects the data of identifiable living individuals, and is the reason why you need permission to post details about living people on the Internet. A 100 year delay in publication of the census would achieve this.