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Vanita Nigoo (Sr. HR Executive)     16 January 2012

Internet publication of genealogy data

Query !!! Expert view required.....

What does Indian Law says on publishing just names of individuals (living and dead) in a genealogy tree which is search indexed on internet?? (available for view to general public at large)

As per my knowledge publishing only the names without any private facts is no harm. Mere names and relationships (like father, mother, brother, sister and spouse) are not private as one can get such records even in government databases like Voter List. Also in Hindu Religion we have "pendas" who have such kind of records with them.

The genealogy tree is a non-profit research done from various sources.



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     17 January 2012

What do you want from this forum?

no clarity in ur query.

Vanita Nigoo (Sr. HR Executive)     17 January 2012

I want to know whether displaying names of individuals in a family tree which is published on internet is wrong?? Is there any rule or act that says publication of names of individuals with relationships is breach of privacy of that individual.

 

I could get only one case law wherein it states that if publication is based on public records then there is no violation.

For instance, in R. Rajagopal v State of Tamil Nadu, Auto Shankar — who was sentenced to death for committing six murders — in his autobiography divulged his relations with a few police officials. The Supreme Court in dealing with the question on the right to privacy, observed, that the right to privacy is implicit in the right to life and liberty guaranteed to the citizens of the country by Article 21. It is a ‘right to be left alone.’ "A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters.” The publication of any of the aforesaid personal information without the consent of the person, whether accurate or inaccurate and ‘whether laudatory or critical’ would be in violation of the right to privacy of the person and liable for damages. The exception being, when a person voluntarily invites controversy or such publication is based on public records, then there is no violation of privacy. 


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