Looking to have name on website removed

[arenay]

What is the name of your state (only U.S. law)? Texas

I used to be a board member of a small nonprofit birding group. As a result of that plus my volunteer activities with the group, my name was published in some of their newsletter issues, which are posted on their website. I didn't mind at first, but now I'd like to have my name removed from the internet as much as possible. (I've had some identity theft problems -- not necessarily related to my name on this website but it's made me want to protect my privacy more in general.)

Please note there is no libel/slander/defamation associated with my name being publicly posted, but this forum section seemed to be the best place to post this situation. If I should've posted elsewhere, please let me know and I'll correct. Meanwhile, to go on with the story...

Unfortunately, the president of the group refuses to take my name down. Even though the group's privacy policy says "When you give us personal information, [we] will not share that information with third parties," she claims that being a board member is public service so their privacy policy doesn't apply to me. I tried suggesting a compromise (remove my name from the HTML version of the newsletters, but keep it in the PDF versions and share those only with other group members), but she refused.

Is there any way to compel her to remove my name? Can the privacy policy be enforced? I don't know if it's relevant, but I have an uncommon name, and all internet searches I've done haven't pulled up anyone else with the same name. Also, I've researched regulations about nonprofit board members, but as far as I can tell, there's nothing that says board member names must be posted on the internet.

Here's their privacy policy (group name removed): carrauntoohil

 

[j991]

Your name is not necessarily personal information. Also, the group can post the list of board members. If you don't want your name on the internet associated with this group then you can leave the group. If it is just identity theft you are worried about then having them delete it from their website is like taking a cup of water from the ocean in an effort to empy it. Your name, address, phone number, etc can easily be tracked by public records when you bought your house, went to school, and anything else that was done through the government.

 

[arenay]

I've already left the board, but my name still appears in the newsletters.

Yes, the government prints people's names in public records, but in my opinion, that doesn't mean it's okay everyone to print people's names whenever they want. There's no matter of legitimate public concern for my name to appear on their website.

I'm not looking to collect damages or anything extreme -- I just want my name taken down. The president refuses to talk with me or reach any kind of compromise so I feel like getting legal advice/contacting an attorney is my only recourse. At this point, my ideal outcome would be for a lawyer to send her a letter, she'd take my name down, and this all would be over.

 

[j991]

If the newsletters stlll have you listed as an active board member then you can file a motion in the local civil courts for an order to the group to stop printing your name. However, if it was posted on past issues then there is nothing that you can do about it unless you can convince the civil courts that it is in your best intrest for safety or some other reason that it be removed. Just because you are worried about id theft is not sufficient grounds for removal.

 

[arenay]

The group's privacy policy says "[we] will not share [your personal] information with third parties." The application form I filled out when I joined the group said the same thing. Posting my name on the internet contradicts their own privacy policy so can that be enforced?

 

[Zigner]

The group's privacy policy says "[we] will not share [your personal] information with third parties." The application form I filled out when I joined the group said the same thing. Posting my name on the internet contradicts their own privacy policy so can that be enforced?

Your name is not "private" or "personal" information.

 

[arenay]

This group does not specify what is "personal information" and what isn't, but other websites do specify that a person's name is "personal information" and thus is covered by their privacy policies.

For example: Privacy FAQ ? Google Privacy Center

Personal information

“Personal information” is information that you provide to us which personally identifies you, such as your name, email address or billing information, or other data which can be reasonably linked to such information by Google.

 

[Zigner]

Your name is not "private" or "personal" information.

 

[arenay]

Zigner - Some websites do consider a person's name to be private/personal information (see Google example) so I'm not sure what you meant by your second post. Please explain?

 

[seniorjudge]

Zigner means: Your name is not "private" or "personal" information.

 

[arenay]

Zigner says one thing, but Google (as an example) says another. I'm trying to reconcile the two statements.

I'm also trying to understand if the privacy policy for the website where my name appears can be enforced. The policy does not specify that a person's name is "personal information," but it also doesn't say it is not "personal information" and therefore okay for them to publicize at will.

So is there any basis to sending a cease-and-desist letter or something along those lines?

 

[seniorjudge]

Q: So is there any basis to sending a cease-and-desist letter or something along those lines?

A: Certainly. Hire a lawyer to do this for you.

 

[arenay]

Thank you, seniorjudge.

 

[Zigner]

Zigner says one thing, but Google (as an example) says another. I'm trying to reconcile the two statements.

A policy put in place by a company doesn't make it "law".

 

[msiron]

Why don't you just contact the admin/owner and offer the articles for them to keep and use in exchange for the removal of your real name? Or ask them to replace it with a fictitious name????? Unless there is something more to this!