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Can you name someone in a post without their consent? | Legal Pre-Flight

Consent is not always legally required to name someone, but privacy and data-protection laws give private individuals real protection, especially when the post exposes sensitive personal information.

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Private people vs public figures

Public figures knowingly invite scrutiny and tolerate more discussion of their public roles. Private individuals enjoy stronger protection, particularly around their home, family, health, finances, and children. Naming a private person alongside harmful or sensitive context is where most problems arise.

Where identification crosses the line

  • Sensitive personal data — health, sexuality, religion, ethnicity, and biometric details receive heightened protection under regimes like the GDPR and Australia's Privacy Principles.
  • 'Identification by jigsaw' — you do not need to name someone to identify them; combining details can be enough.
  • Children — posting identifying material about minors carries special risk and may require parental consent.
  • Reasonable expectation of privacy — sharing facts someone reasonably expected to stay private can be actionable.

Posting more safely

Ask whether the person would reasonably expect to be named in this context. Strip identifying details that are not essential. If the post describes events involving others, a screening can surface privacy and data-protection exposures under the jurisdiction you choose.

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Read the Field Guide firstBrowse common legal pitfalls — defamation, copyright, privacy, and confidentiality — and learn how to avoid them before you draft your post.

This page is general legal information, not legal advice, and isn't a substitute for a qualified lawyer. Laws differ by jurisdiction and change over time.