When "Private" Isn't Private: Discovery In The Age Of Facebook

Parties to litigation cannot hide behind Facebook privacy controls during the discovery process according to a recent decision of the British Columbia Supreme Court. In Fric v Gershman,¹ the plaintiff in a motor vehicle accident claim was ordered to review and produce thousands of photos depicting her travelling and participating in social and sports activities, including those from her private Facebook account.

In its ruling, the court addressed several key issues that define the developing area regarding disclosure of information on social networking sites such as Facebook.

First, courts have held that the information contained on Facebook must be relevant to an issue in dispute. In Fric, the court held that the plaintiff had put her physical functioning and activity level in question by claiming damages for loss of amenities of life, loss of mobility and diminished earning capacity as the result of pain and fatigue. Photos depicting the plaintiff, a recent law