Just when you thought those candid vacation photos were only for close friends and family to look through, think again. In the recent case of McMillen v. Hummingbird Speedway, Inc., involving a rear-end car accident that took place on a racetrack, the Court reached a seemingly small decision which may signal a much more profound shift in the way civil lawsuits are defended. Upon entering the discovery phase of the lawsuit, the Defendant's lawyer formally requested that the Plaintiff turn over his username and password to any and all social networking sites, including Myspace and Facebook, on which the Plaintiff had posted. Inresponse, the Plaintiff's attorney argued that the information was not discoverable because it was private and confidential.
In a sad turn of events for the right to privacy, the Court held that an expectation of privacy on these sites is "unrealistic" because it is commonly understood by participants that any posts or communications may be received and disclosed by a friend or even an unintended third-party recipient. As a result, the Court ordered the Plaintiff to produce the requested username and password citing "countervailing benefits". Essentially, that access to these websites can help to prove whether or not a particular legal claim is valid.
It is important to remember that anything you post on a social networking site, even if your profile is "private", may ultimately be used against you in a lawsuit. While this is the first, and currently the only, instance of a Court ordering the production of social networking login information, it could very well be the beginning of a much larger trend towards eliminating online privacy in general. Not long ago, insurance companies and defense law firms had to rely on private investigators to determine whether or not a Plaintiff was telling the truth about certain claims. Now, if this decision is any indicator of what is to come, Defendants will be allowed to go on a fishing expedition through our online posts, pictures and comments in an effort to impeach us.
If you, or a loved one, have been injured in a car or truck accident, contact the experienced Houston car accident trial lawyers at Fitts Zehl today for a free consultation. We proudly represent clients from counties across Texas including Harris, Fort Bend, Montgomery, Washington, Brazoria, Galveston, Jefferson, Liberty, San Jacinto, Waller and Chambers.
