Is posting personal information about family members in Facebook status updates illegal.?

[Rob]

I have an uncle who insists that my mother stop mentioning my grandfathers illness when expressing her concern about them in her Facebook status updates. He states that it is a pratice that breaks federal law and violates Facebook terms of service when she mentions an illness without his prior written consent.

I'd love the input of someone who knows more about the law... Thoughts.

[A Girl]

don't know

[shelbybears33]

id like to see him do something about that and a cop laugh in his face cause thats not illegal i checked the terms and guidelines myself

[Sarah]

It depends upon where you live, for instance in Canada we have a privacy legislation which protects people from having their information sold, traded etc. but when it comes to something like Facebook it's a fine line, unfortunately, I do believe your Uncle is correct. (This is similar to the photo rule on FB, not being able to post photos without all people who appear in the photo giving consent).
I would suggest sending private messages to those who are concerned vs. putting the information on a public status...that way the name/illness is not being used in a public forum, it is a private conversation.

After looking further into it, it is actually posted in #5 of "terms and conditions" on Facebook...

"Protecting Other People's Rights"
We respect other people's rights, and expect you to do the same.

You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law.
Etc, etc.

To those who have given a "thumbs down", this is not my opinion (personally I think the uncle is being ubsurd) but I am stating a fact. If someone wanted to actually go ahead with legal action on a case such as this chances are they would win.

[whitefangz1]

Your uncle actually thinks that there is a federal law regarding the mention of personal information on Facebook? Better yet, your Uncle actually thinks that there is a federal law pertaining to Facebook at all? That would have to be a very slow day in the Senate and Congress.
Assuming the information being posted is true (or believed to be true in good faith), your mother is not violating any laws, state or federal, and she isn't violating any Facebook TOS either.
Your uncle is either delusional or he's desperate.

[pragmatism_rules]

As long as she doesn't identify the person by their real name (she can refer to him as her father) and she isn't too specific about all the gory details of her father's illness, she isn't violating anyone's privacy. And she isn't breaking federal law either. As for facebook's terms of service, I doubt she is breaking that either. I suggest she spend $50 with lawyer to confirm the above and then she tell the uncle to "pound sand" as he is a control freak! Good luck!

[Phil]

By Federal Law he is probably referring to HIPAA which ensures the privacy of patient records, It does not apply to you or your mother talking about your family members' health.

"The Privacy Rule provides federal protections for personal health information held by >> covered entities << and gives patients an array of rights with respect to that information..." Your family is not a "covered entity" under HIPAA.

http://www.hhs.gov/ocr/privacy/hipaa/und...index.html

That said, of course your mom should talk to your grandfather and be respectful of his privacy in this matter. But to share that he is ill and she is affected by it, well that's just being a family, and to share it with close friends too is certainly a reasonable thing to do.

And it is not a violation of the law. If grandpa is that touchy he shuldn't have told anyone...