Ancestry.com Challenges Scotland Over Access to 400 Years of Records

A major legal dispute between Ancestry.com and National Records of Scotland (NRS) could reshape how genealogists access historical archives worldwide. The case centers on whether the U.S.-based company can license more than 400 years of Scottish records, including census data, parish registers, and civil registrations, for its subscription platform.

In a recent tribunal ruling, Ancestry won partial approval under the Re-use of Public Sector Information Regulations. The court confirmed that Ancestry’s request qualifies as legitimate “re-use” of public records—but stopped short of declaring the NRS’s refusal unlawful. That leaves the issue unresolved and the fate of millions of records in limbo.

The collection in question is vast. It includes birth, marriage, and death records dating back to 1855, and even church registers from the 1500s. For Americans with Scottish ancestry, these documents can fill vital gaps in family trees, tracing lineages across oceans and generations. But access comes with complications.

Supporters of the NRS worry that selling rights to a private company could limit free public access and reduce funding for Scotland’s own digital archive, ScotlandsPeople. Meanwhile, Ancestry argues that wider distribution would make these records easier for descendants abroad to explore.

As Jean Graugnard often points out, genealogy thrives on accessibility. Every new collection opened to the public adds another piece to the puzzle of human history. Yet this case highlights a growing tension between public preservation and private digitization—a question that affects researchers far beyond the U.K.

For U.S.-based historians and family researchers, the outcome could signal how archives worldwide handle licensing and data-sharing agreements in the digital age. Whether these records stay in Scotland or appear on global genealogy sites, one thing remains clear: the balance between access and stewardship will shape the future of ancestry research.Read more about the ongoing case in The Times: Ancestry.com tries to access millions of Scots’ family records.