September 11 has left a large element of insecurity in various parts of the world, especially North America, and this is only to be expected I suppose.

One of the many fallouts from this I am finding is the ever increasing number of family members desiring their information be kept private for security reasons because of an increase in "identity theft".

Whereas genealogy was at one time a wonderful hobby (it still is) recording for posterity the family records of those who belong to various heritage lines, it is now fast becoming a social area of concern where people are beooming comcerned as to the security of their information.

And genealogists are being placed in positions of total trust more and more as to how that information is used. By far the majority are genuine, sincere and have pure intent to record their family's history for the coming generations.

However we are also opening ourselves up to possible legal problems if we do not act with awareness and these problems could creep up on us totally unexpectedly..... the latest possibility being sued for breach of privacy. Out there is a mentality of certain individuals who will use the information we have so lovingly collated into our family histories for illicit purposes- the latest being "identity theft"

I had an email arrive in my inbox this morning from a family member in the USA saying this (Note I had written to her the day before requesting family information):

"I spoke to my brother and sister last night seeking further information as to birthdates and such. They both were not very happy with me about divulging the information and requested that it not be posted on the web. They are fearful of "identity theft". I had heard of such a scam, but figured that vital statistics were in the public record with access for anyone whether ill or good intentioned. I am confused over the issue but must ask you that you do not place any of the information on the web on anyone of us as long as we live."

Here we see an effect of where Sept 11 and like issues are taking us as genealogists. What to do with the information we have in our databases. How far do we go in making it available to others, where do we draw the line in sharing, what is private, what is not. Vital records, addresses, phone numbers and all other forms of personal information are all available for any one to acquire, for good or not so good intent. Almost everything in a genealogist's database is in the public arena.

On the one hand we have the need to record our family history for the benefit of the future, but also the need to respect the wishes of those who do not want their information made generally available

In reality, what we genealogists are doing is gathering together what is already public information and placing it in an organised format called a family tree. There is nothing wrong nor illegal in that in any way.

We find online certain websites which accommodate the privacy wishes of people (and there is nothing wrong in this either) by refusing to accept family history information on people likely to be living (the LDS site, www.familysearch.org is the main one coming to mind immediately, thus covering themselves for any possible legal issues relating to breach of privacy)

Then we go to other sites, where all is available for all to see.

I have seen the same family trees on line at one site where all living people are listed as "Living Smith", "Living Jones" etc then you go to another and get all the information - full names, dates and places on these Living Smiths and Living Jones. There are many many websites accommodating gedcom files for downloading which have all the "nuts & bolts" of information.

So my question is this: Is there really such a thing which can be claimed as "Breach of Privacy" when all the information is already in other public quarters, and that all we genealogists are doing is bringing it all together in this organised format called a family tree.

I am wondering if the issue is not a legal one but more a moral and ethical one, where we must tread the fine line of diplomacy, taking into account the wishes of those family members who don't want to be seen publically in the organised format of the family tree, yet on a practical level, what to do with the information we have for all these living people.

It could be that we have acquired information from Aunty Sue about her children and grand children and then long after Aunty Sue has departed, one of these children or grandchildren brings legal proceedings for "breach of privacy"

Where do we stand as genealogists pursuing our passion, yet not wanting to place ourselves in a situation of "legal danger", be it quite innocently.

There are two aspects here. There are those people out there, members of our family even,wanting to make a fast buck and if smart enough could sue us for breaching their privacy.... but are we? (I hear you saying seek the permission of everyone in your family, but when one has thousands this can be nigh impossible.)

Then there are the others with more darker intentions taking this already public information and using it for illegal purposes.

I could go on, but I believe I have given this topic a fair airing. I would welcome hearing what others have to say on the issue please.

Elizabeth Feisst, Australia.