The ‘72-Year Rule’ Governs Release of Census Records (2024)

Individual-level records from the 1940 Census have been released by the National Archives for the first time, unlocking a digital treasure chest for people researching their family histories. When records were made available on April 2, demand was so great that the website was paralyzed.

The records were released under a federal law that protects individual-level records for 72 years after the census is taken. The law, passed in 1978, was an outgrowth of an agreement between the Census Bureau and National Archives. For privacy reasons, access to personally identifiable information contained in decennial census records is restricted to all but the individual named on the record or their legal heir for 72 years.

Why 72? The most common explanation is that 72 years was the average lifespan at the time, although documentation corroborating this is sparse.

The 1940 Census counted 132.2 million Americans, 89.8% of whom were white. At the time there was no census category for Hispanics (it was not added to census forms until 1980). The count found that a quarter of adults ages 25 and older had at least a high school diploma, compared with 86% today. Only 44% of households owned their own homes, compared with 65% in 2010.

For the first time, the 1940 Census used random sampling to survey the population in an effort to gain representative information about conditions during the Great Depression which was a way of gathering more information without burdening all respondents. Read More

Russell Heimlich is a former web developer at Pew Research Center.

As an expert in historical data and genealogy, my extensive knowledge allows me to provide valuable insights into the significance of the recently released individual-level records from the 1940 Census by the National Archives. This release marks a pivotal moment for individuals delving into their family histories, offering a digital treasure chest of information.

The release of these records on April 2 garnered overwhelming demand, causing the website to be temporarily paralyzed—a testament to the immense interest in uncovering personal and familial connections. This surge in demand underscores the importance of such archival releases for researchers and enthusiasts alike.

The legal framework surrounding the release of these records is crucial to understanding the 72-year restriction. Enacted in 1978, this federal law safeguards individual-level records for 72 years after the census is conducted. This legislation originated from an agreement between the Census Bureau and the National Archives, emphasizing the significance of balancing public access with privacy concerns. The 72-year timeframe restricts access to personally identifiable information, making it available only to the named individual on the record or their legal heir.

While the rationale behind the specific duration of 72 years lacks comprehensive documentation, it is commonly explained by the average lifespan at the time. This intriguing historical tidbit adds a layer of complexity to the regulatory framework governing census data release.

The 1940 Census itself provides a snapshot of American demographics during that era, revealing that 132.2 million Americans were counted, with 89.8% identified as white. Notably, the absence of a census category for Hispanics until 1980 reflects the evolving nature of demographic data collection over the years. This census also documented that only a quarter of adults ages 25 and older held a high school diploma, a striking contrast to the 86% recorded today. Additionally, the homeownership rate stood at 44%, diverging significantly from the 65% recorded in 2010.

An innovative aspect of the 1940 Census was the introduction of random sampling to survey the population. This method aimed to gather representative information about conditions during the Great Depression without burdening all respondents. This marked a strategic shift in census-taking approaches, reflecting a commitment to efficiency and comprehensive data collection.

In conclusion, the release of individual-level records from the 1940 Census is a landmark event for those engaged in genealogical research and historical exploration. The legal and historical context surrounding the data release, coupled with the unique characteristics of the 1940 Census itself, offer a fascinating glimpse into the past and enrich our understanding of American demographics during a pivotal period in history.

The ‘72-Year Rule’ Governs Release of Census Records (2024)
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