I have a Private family history site on Tribal Pages. Before starting this tree I checked out with the NZ Privacy Commissioner, a couple of NZ Copyright lawyers and also members of the NZ Genealogy Society about the use of photos and details about living people on PRIVATE sites.
The email below is what I received from the NZ Privacy Commissioner in regards XXXXX XXXXX questions:
Tribal Pages has just recently been into my site (without any prior contact with myself or without myself knowing) and deleted some of my family members information as well as a pile of photos - mostly those of which I took myself.
As Tribal Pages is based in Florida, USA, I therefore thought that it best to find out whether having a PRIVATE site with them entitles them to access my tree and delete information without my knowing.
I would therefore like to know if having living peoples information and photos on a private family tree is ok in the USA.
I look forward to your reply.
What you do with the personal information you expalin, which includes photos, is not an issues under the Privacy Act because of the operation of section 56 of the Act.
This section states the the "I12 nformation Privacy Principles" of the Act which deal with the collection, use and disclosure
of personal information, do not apply to personal information that is held by an individual because of the personal, household or family affairs.
Therefore the disclosure the information that you hold through your family would not be subject to the Privacy Act.
I trust this information is useful.
Office of the Privacy Commissioner
Sent: Monday, 24 May 2010 6:15 p.m.
Subject: query re private websites
I have a couple of queries re ‘private' websites.
I have a paid private website that I allow family members access to via a password XXXXX I can confirm that they are family.
On this website – which is a Tribal pages website – I have all my family tree information and photos that family have sent through to me – including photos of living family members.
My question is – if photos have been sent to me from family members and because this is a private website – is it fine to include these photos on the site as well as info on living family members?