If You Post It, Your Opponent Can Probably Discover It

Earlier this week, our friends at the Property Insurance Law Observer wrote an article about a recent decision involving discovery of pictures posted to a plaintiff’s Facebook page.  The court found that the plaintiff had a lower expectation of privacy in information posted on social media, even where the plaintiff had taken steps to limit access to her pictures to only those considered to be her closest “friends.”  You can read Dick Bennett’s article here or keep reading below.  It is a cautionary tale in an age where online exposure to an individual’s private life is increasing every day and should serve as a reminder to litigants not to overlook social media when drafting discovery requests.

Property Insurance Law Observer  — If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss.  A picture is literally worth a thousand words.  Earlier this month, a Florida court explained that such material is also discoverable – even in situations where the policyholder employs privacy settings that prevent the general public from having access to his or her account – because the user’s privacy interest in such a site is “minimal, if any.”…Read More 

About The Author

Matt has counseled clients on the evaluation of data privacy risks, responses and solutions, and he serves as a breach coach, providing analysis and advice to address data breach events, including forensics, notification pursuant to federal and state laws, credit monitoring, and public relations issues. In addition to breach response, Matt has counseled insurers on the underwriting of cyber/tech policies.

Posted in Discovery, Litigation, Privacy, Social Media

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About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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