Recently, we saw another decision that supported the disclosure of a Facebook account in a personal injury claim. The injured woman had a Facebook account depicting her active life and even going to the gym. The Defendant asked the court to grant access to the account, and the Court agreed.
What is of particular concern was the Court’s language towards Facebook accounts which included:
“As far as the threshold relevancy inquiry is concerned, it is clear that material on social networking websites is discoverable in a civil case. There is no reasonable expectation of privacy in materials posted on Facebook. Almost all information on Facebook is shared with third parties, and there is no reasonable privacy expectation in such information. By definition, there can be little privacy on a social networking website. Only the uninitiated or foolish could believe that Facebook is an online lockbox of secrets. Any posting on Facebook that concern one’s health (mental or physical) are discoverable, and any privilege concerning such information is waived. Facebook posts are not truly private and there is little harm in disclosing that information.