What are the Effects of a Facebook Preservation Order on my PI Case?
This post is also available in: English
When an order of preservation for your Facebook account is issued, it means that the court will be able to access all the data that is linked to your profile. Your daily posts, pictures and other information that you shared via your social media account will be accessed by the court. Many people argue that this amounts to an invasion of personal privacy. There have been heated debates over how much of this information should be shared. One of the key issues that should be looked at is whether the privacy settings that are in force on someone’s Facebook profile can affect the ability to pass on certain information to other pages of their Facebook account. This has become a major issue, especially for people suing after suffering personal injury from these actions.
Hiding Evidence of Life Gone Awry
From a legal perspective, it may amount to a miscarriage of justice when people who are making gigantic claims are allowed to hide behind the privacy of their control settings on Facebook and other social media platforms. People who really don’t share what’s happening in their social life may make it quite hard for the other party to obtain relevant information on how the person making a claim is leading his or her social life. This would inevitably bring about certain hardships that could make it hard for a fair trial to be delivered.
From a legal point of view, there is no difference between someone who has allowed public access to his or her posts. Both these people are mandated by law to produce any posts that relate to the subject matter which is being discussed. If the court has reasons to believe that there is crucial evidence that has been posted or which has not been posted on the social media, it may force the concerned person to reveal any pertinant information. The court can determine whether the person filing a claim has been able to live a normal life or not after the alleged accident by looking at the kind of content which the person has posted on social media. This is the case even when the concerned person is limited in his or her posts to a few privileged friends and lock out the rest.
There is No Uniformity
The kind of content which should be produced could vary from one person to another. In most cases, a preservation order seeks to make sure that any information that a person posts on Facebook and other social media is kept intact for the purpose of providing the courts with evidence with which to help them make important decisions. It is only relevant content which can be produced for use in the court proceedings.
Because there are many pictures which people post on Facebook, it is the role of an attorney to explain the effect which the pictures posted on the social media platform will have on the case. Some of the photos may dramatically impact your case.
About the Author:
This guest post was contributed by Robert Stone. He is a premier plaintiff’s Car Accident Attorney in Anchorage, Alaska.