If you get sued in court, will your Facebook privacy settings protect you from opposing counsel’s request for electronic discovery? If that information is material and necessary for the opposition’s case and the need for the information outweighs any privacy concerns, then that “private” information might be available, no matter what privacy settings you set for your profile. And not even deleted information is safe from the grasp of the court.
The material and necessary standard is not the hardest for a party to overcome. In the context of discovery, it could be liberally applied to mean any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. Read more “There Is No Real Privacy On Facebook And Other Social Networks”