Social Media Privacy Settings May Not Protect Your Information From Discovery

Users of social media are likely familiar with privacy settings, and understand that setting their profiles to "private" ensures that people who are not friends, connections or followers cannot view their information and postings. However, it is equally likely that most social media users have not considered whether those privacy settings protect their information from production in litigation. The Court of Appeals of New York recently considered the issue.

Forman v. Henkin, 2018 N.Y. Slip. Op. 01015 (N.Y. Feb. 13, 2018), is a personal injury case in which the plaintiff fell off a horse owned by the defendant. The plaintiff alleges that she suffered spinal and brain injuries that caused cognitive deficits, memory loss, difficulties communicating and social isolation. It was the plaintiff's position that she had become reclusive because of her injuries and had trouble using a computer and composing coherent messages. During the plaintiff's deposition, she testified