As a genealogist, you process personal data. In recent years, it has become very common for this data to also be published online, for the benefit of others. But what can you actually publish without violating privacy laws?
In the late 1990s, many genealogists began posting their family trees online. Genealogy software started to include features for generating web pages in HTML format, which were then uploaded to a server with an associated domain. Suddenly, all of one's genealogical research was accessible from anywhere.
Andre also had access, but you still had to go back to a genealogy program installed on a PC to change some information. Now, many also make changes directly online, whether through MyHeritage, Geni, TNG, or other cloud-based genealogy solutions.
If you publish on a closed page where only invited guests have access to the information in your family tree, with a username and password, you are free to publish whatever you wish.
Such a closed page will not be seen as a public display of personal information and thus fully legal.
Would you like to create a family page where you can again distribute usernames and passwords to a select few people, so you can publish unhindered, you can do it, for example, via TNG.
The dead have less privacy
But let's assume you want to publish information without requiring a username. Part of the reason for publishing online is precisely to reach potentially other unknown relatives.
When the publication you make is available to everyone (no requirement for visitors to log in), it's a good idea to be able to «check off» the people in your family tree, whether they are dead or alive. The dead have less privacy than the living.
As a starting point, deceased individuals do not have any privacy rights. As long as the information provided cannot be linked to living persons, you are free to publish any information you may possess.
However, if the information can be linked to living descendants, such as information about hereditary diseases, you must still obtain consent from descendants before publishing.
Photographs and genealogy
The second and final protection a deceased person has applies to photographs. It may be tempting to publish old family photos, but this is not free rein after a person's death.
First, 15 years after a person's passing, you can freely publish a photograph where the person is one of the subjects.
You must always obtain consent from living individuals before publishing images of them online. However, this is done to such an extent, perhaps especially via MyHeritage, that it is almost considered legal. Nevertheless, it is not legal to publish images of living individuals without consent.
Obtain consent
«They say, »It's easier to get forgiveness than permission," but you should treat personal data with respect. It's better to obtain consent one too many times than one too few and keep it in case you receive an inquiry from another relative who feels offended.
However, if you use genealogy software where you can mark or «check off» whether a person is dead or alive, then personal data that should not be shared will largely not be shared either. A pitfall here can be that Norwegian law is stricter than the law the developer (if from another country) has adhered to. Therefore, please double-check that you are not violating Norwegian law.
You can publish this about living persons
Personal names and family relationships are not considered information that can threaten a person's privacy.
However, it is tempting to add a date of birth or other additional information. However, you cannot do this unless you have obtained consent.
Even though you have every right to publish kinship and personal names, it is considered good practice to comply with the wishes of living people regarding anonymity. There may be good reasons for such requests.
Source: Datatilsynet
