Let’s say you receive the following request during the course of your claim with an insurance company or their attorneys:
“Please produce a complete download of Plaintiff’s Facebook data. This can be obtained by navigating to your Facebook profile page, click Settings, and then click “Download a copy of your Facebook data.” Defendant requests that the production be in electronic form.”
I’m sure your first reaction is “what??” Even though you have nothing to hide, you really don’t relish the thought of having someone you don’t know rummage through your private conversations (and twisting who knows what other data against you). So, is this information relevant in a case involving a car accident, slip and fall, or medical malpractice claim?
Discovery Disputes
The answer varies, and a blanket objection to the request unfortunately will not get you out of this intrusive request. You will find that Facebook content is neither privileged nor protected by any right of privacy. Nevertheless, neither an insurance company nor their lawyer are allowed to go on an unfettered fishing expedition in your social media. Their rationale is generally limited to seeking information that might be inconsistent with your claims or your medical records, but they have to have some basis to assert a right to just log into your account and pilfer through your messages and history. Your case should be about the injuries you sustained at the hands of a negligent party and not your social media history. However, without knowledgeable counsel, you might find yourself in a situation where you are compelled to produce this information, along with other social media that you never intended to be made public.
As a personal injury lawyer Little Rock AR respects might attest, blanket objections to these requests for being (1) overbroad, (2) and invasion of privacy, (3) speculative, (4) not reasonably calculated to lead to discoverable evidence, (5) irrelevant, (6) annoying, and (7) intrusive likely won’t win the day. However, requests must still be reasonably tailored to the issues in the case. If the defense believes discovering this data will show contradictory evidence as to your physical condition and “quality of life,” you should have an experienced attorney ready to respond with a winning argument.
For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in discovery disputes for years.