NO REASONABLE EXPECTATION OF PRIVACY ON FACEBOOK, JUDGE SAYS


Even without appellate case law to provide guidance on the discoverability of information on Facebook, the standard is becoming clear: Post at your own risk. Three courts in Pennsylvania have now decided that, if a party in a civil case posts information on his or her Facebook page that appears to contradict statements in discovery or testimony, then the party’s Facebook page falls within the scope of discovery. In the most recent case, Largent v. Reed, a judge ordered a plaintiff in an auto accident case to turn over her Facebook username and password to the defendant, on the ground that her postings brought up questions about the extent of her injuries.

Top