Posted on 02/13/2018 11:17:05 AM PST by Oldeconomybuyer
New York state’s highest court ruled on Tuesday that Facebook users may be required to turn over photos and other information that are relevant to litigation, even if they are shielded by “privacy” settings.
By a 7-0 vote, the Court of Appeals reinstated a trial judge’s ruling requiring a Manhattan woman who was disabled in a horse riding accident to turn over to the defendant horse owner an array of photos taken before and after her injuries.
Noting “significant controversy” over what information on Facebook deserves privacy protection, Chief Judge Janet DiFiore said it is appropriate to require disclosure of materials that are “reasonably calculated” to contain “material and necessary” evidence.
Kelly Forman said she became a recluse after suffering a spinal injury and brain damage, making it hard to read and write, in a June 2011 fall caused by Mark Henkin’s negligence in fitting her horse with a defective stirrup that broke.
To defend himself against Forman’s damages claims, Henkin sought access to her entire “private” Facebook account.
Henkin’s photo request “was reasonably calculated to yield evidence relevant to plaintiff’s assertion that she could no longer engage in the activities she enjoyed before the accident and that she had become reclusive.”
(Excerpt) Read more at reuters.com ...
B-but mah privacy setting!
Facebook is EVIL, run by leftist thugs and a ready tool used by the police state and a host of others against us!
Have ALWAYS said the same thing. EVIL!
Anyone that ever thought anything on Facebook could be private is a complete, pure, unadulterated idiot.
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