Legal Terms of Use and Public Genealogy Websites

Journal of Law and the Biosciences, lsaa063, 1-24 (Nov. 2020)

University of Utah College of Law Research Paper No. 407

24 Pages Posted: 3 Dec 2020 Last revised: 5 Dec 2020

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Kyle Schultz

University of Utah, S.J. Quinney College of Law, Students

Craig Teerlink

University of Utah

Tim Maness

University of Utah - Huntsman Cancer Institute

Laurence Meyer

University of Utah Health

Lisa Cannon-Albright

University of Utah - School of Medicine

Date Written: November 8, 2020

Abstract

Public genealogy websites, to which individuals upload family history, genealogy, and sometimes individual genetic data, have been used in an increasing number of public health, epidemiological, and genetic studies. Yet there is little awareness among researchers of the legal rules that govern the use of these online resources. We analyzed the online Terms of Use (TOU) applicable to 17 popular genealogy websites and found that none of them expressly permit scientific research, while at least 13 contain restrictions that may limit or prohibit scientific research using data obtained from those sites. In order to ensure that researchers who use genealogy and other data from these sites for public health and other scientific research purposes do not inadvertently breach applicable TOUs, we recommend that genealogy website operators consider revising their TOUs to permit this activity.

Keywords: genealogy, genetic epidemiology, terms of use, family history, public health, contract

Suggested Citation

Contreras, Jorge L. and Schultz, Kyle and Teerlink, Craig and Maness, Tim and Meyer, Laurence and Cannon-Albright, Lisa, Legal Terms of Use and Public Genealogy Websites (November 8, 2020). Journal of Law and the Biosciences, lsaa063, 1-24 (Nov. 2020), University of Utah College of Law Research Paper No. 407, Available at SSRN: https://ssrn.com/abstract=3726977

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Kyle Schultz

University of Utah, S.J. Quinney College of Law, Students ( email )

332 South 1400 East
Salt Lake City, UT 84112
United States

Craig Teerlink

University of Utah ( email )

1645 E. Campus Center
Salt Lake City, UT 84112
United States

Tim Maness

University of Utah - Huntsman Cancer Institute ( email )

2000 Cir of Hope Dr
Salt Lake City, UT 84103
United States

Laurence Meyer

University of Utah Health ( email )

Salt Lake City, UT
United States

Lisa Cannon-Albright

University of Utah - School of Medicine ( email )

Salt Lake City, UT
United States

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