 Facebook, Subpoena, Fla. R. Civ. P. 1.280(b)(1) |
| Court Order Was Improper |
What happens when employers get access to your Facebook profile? This seems to occur when disclosure is a condition of employment or part of the job interview process. Arguably, this is with consent.
What happens when an opponent in court tries to force the enemy to grant access to a Facebook page or social graph? This can occur when a Court Order directs a reluctant person to disclose their online lives. When police or prosecutors want records from social media websites like Facebook, they need only comply with this procedure and get an appropriate Court Order. When private parties want information the process is similar. You can review your own Facebook information to see what is found in your account information: How can I download my information from Facebook?
Facebook says, “We work with law enforcement where appropriate and to the extent required by law . . . .”
“Facebook may notify users before responding to legal process as permitted by law.”
Uncovering a witness’ past using social media is a common tactic. These disclosures are granted under Florida law’s fairly broad standard that the person must disclose relevant information or information reasonably likely to lead to relevant evidence. However, one court in Florida in a traffic accident case drew the line and called efforts by Defendants overly broad and probably amounted to a fishing expedition.
Facebook Court Order
One Florida Court ordered a user to produce information on:
- Counseling or psychological care
- Photos, “likes” or videos
- Relationships with her other children, both prior to, and following, the accident;
- Relationships with other family members, boyfriends, husbands, and/or significant others, both prior to, and following the accident;
- Mental health, stress complaints, alcohol use or other substance use, both prior to and after, the accident;
- Postings relating to any lawsuit filed
Case Ruling:
Why did this Court decide the Facebook information was not relevant?
Five Legal Questions Answered Here:
What happens when an opponent in court tries to force the enemy to grant access to a Facebook page or social graph?
What happens when employers get access to your Facebook profile?
Does Facebook tell you that someone else is trying to get your account information?
How can I download my information from Facebook?
Does Facebook tell you that someone else is trying to get your account information?
