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Category: Legal
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I have a Private family history site on Tribal Pages. Before

Customer Question

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.
New Zealand

Dear A,

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.

Regards XXXXX
Office of the Privacy Commissioner

From: AC
Sent: Monday, 24 May 2010 6:15 p.m.
To: enquiries
Subject: query re private websites
Hi there,

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?

Thank you
Submitted: 6 years ago.
Category: Legal
Expert:  christhelawyer replied 6 years ago.

christhelawyer :

I think this should go to a US lawyer, as I am not familar with their privacy law.

JACUSTOMER-8mrb4b9z- :

what is happening re an answer as I have never used this before?

Customer: replied 6 years ago.
That is what I thought that I was doing when I placed the question here. I went onto a USA site and placed the question asking about the USA laws. It was this site that came back to me and said that they were reffering it to a NZ lawyer ......
Customer: replied 6 years ago.
Relist: I had asked about laws in the USA and expected to get an answer from someone who knows about USA laws/privacy.   This was what my question was about in the first place. To then be told that I needed to speak with a USA lawyer was silly - as that was my question.. I had asked about laws in the USA and expected to get an answer from someone who knows about USA laws/privacy.