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