Social networking websites such as Facebook and Twitter have become routine vehicles for people to communicate with friends and family, to share their innermost thoughts and feelings and to post personal photographs. These websites generate a plethora of personal data and are an enticing source of information about an unwary plaintiff. Certain sites allow open access by the public, while others, such as Facebook, provide not only public pages but also permit private pages with access restricted exclusively to an individual’s “friends”—i.e., people who have his or her permission and are invited to view the information posted on the private pages. However, there is no assurance of privacy, even on the “invitation only” sites.
It is imperative to ask a client whether he or she participates in social networking sites. Although plaintiffs in personal injury actions are routinely made aware of defendants’ use of traditional videotaped surveillance techniques and warned that they may be on “candid camera” when they leave their homes, such warnings must also be extended to social media sites. A client should certainly be advised that a social media site may be viewed and used by an adversary in litigation.
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