Discovery of Facebook and MySpace
September 07, 2012 - 4:01 PM
In the case of Thompson v. Autoliv ASP, Inc., No. 2:09-cv-01375-PMP-VCF, 2012 WL 2342928 (D. Nev. June 20, 2012), the court ordered production of 5 years of content from the plaintiff's Facebook and MySpace accounts and that this content be uploaded t an external storage device for review by the defense. The request was made relative to materials captured and presented by defense to counter the plaintiff's claims of injury and suffering.
The story goes on to describe the challenges made regarding what was allowed and how it could be handled to ensure a level of confidentiality but it is the mere point that the eDiscovery effort extended into these social sites that prompted this post and the reminder that what you put on Facebook does not always stay on Facebook. Here is my question to you. What would you do if you were presented with a court order to produce 5 years of your social media activity? Take it even further, what would you do if your company was presented with this scenario? How quickly could you respond and would you be able to find all relevant information posted by every employee? Do you have corporate policies on appropriate use of social media in relation to business?