Privacy Issues with Online Trees

Avotaynu Online has published my recent lecture on Privacy Issues with Online Trees that I gave on July 7, 2015 at the 35th Annual Conference of the International Association of Jewish Genealogical Societies in Jerusalem.  The summary of my article’s findings are:

  • Deceased individuals do not have a right to privacy, so publication of genealogical data about deceased individuals is unrestricted.
  • There is generally no legal limitation on the publication of genealogical data about living individuals, since that data is neither private nor objectionable to a reasonable person.
  • Living individuals may have a right against public disclosure of private facts that would be offensive or objectionable to a reasonable person of ordinary sensibilities.
  • Online genealogy sites may restrict publication of genealogical data about living individuals, but solely as a result of marketing decisions and not because of any legal requirements or risks of liability or litigation.
  • Subject to the rule against public disclosure of objectionable private facts, genealogists are generally free to publish online family trees, and do not need to accede to privacy requests from individuals named on those trees.



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