Should the procedures regarding the discovery of “private” social media posts in a personal injury action differ from traditional paper discovery? Should the rule not be, as suggested in the dissent in Forman v. Henkin, 2015 Slip Op. 09350 (1st Dep’t Dec. 17, 2015), that as long as the information is relevant and responsive to an appropriate discovery demand, it is discoverable regardless of whether it is a “private”1 post or whether it would reveal embarrassing information.
Where, as noted by the dissent in Forman, “social media profiles have become virtual windows into subscribers’ lives[, t]he breadth of information posted by many people on a daily basis creates ongoing portrayals of those individuals’ lives that are sometimes so detailed that they can rival the defense litigation tool referred to as a ‘day in the life’ surveillance video.”
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