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ARTICLE · 08 NOVEMBER 2010

Defendant granted discovery of Plaintiff's Facebook and MySpace profiles

Stikeman Elliott LLP
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A judge of the Supreme Court of New York State has recently held that information voluntarily placed on Facebook and MySpace pages are discoverable, and that doing so would not violate the plaintiff’s right to privacy.

CanadaLitigation, Mediation & Arbitration
The Technology Group
The Technology Group
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A judge of the Supreme Court of New York State has recently held that information voluntarily placed on Facebook and MySpace pages are discoverable, and that doing so would not violate the plaintiff's right to privacy.

The plaintiff, Romano, claimed that she sustained permanent injuries as a result of an accident and also that she could no longer participate in certain activities and her enjoyment of life was affected. As part of its defense, the defendant brought a motion to obtain complete access to the plaintiff's current and historical Facebook and MySpace pages and accounts on grounds that the plaintiff has uploaded certain information that would be inconsistent with her claims concerning the extent and nature of her injuries.

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