{"id":58797,"date":"2018-02-14T06:15:59","date_gmt":"2018-02-14T06:15:59","guid":{"rendered":"https:\/\/www.biphoo.com\/bipnews\/?p=58797"},"modified":"2018-02-14T06:15:59","modified_gmt":"2018-02-14T06:15:59","slug":"ny-top-court-says-private-facebook-photos-can-be-disclosed","status":"publish","type":"post","link":"https:\/\/www.biphoo.com\/bipnews\/technology\/ny-top-court-says-private-facebook-photos-can-be-disclosed.html","title":{"rendered":"NY top court says ‘private’ Facebook photos can be disclosed"},"content":{"rendered":"

NY top court says ‘private’ Facebook photos can be disclosed<\/span><\/strong><\/span><\/h2>\n

New York state\u2019s highest court ruled on Tuesday that Facebook users may be required to turn over photos and other information that are relevant to litigation, even if they are shielded by \u201cprivacy\u201d settings.<\/span><\/p>\n

By a 7-0 vote, the Court of Appeals reinstated a trial judge\u2019s ruling requiring a Manhattan woman who was disabled in a horse riding accident to turn over to the defendant horse owner an array of photos taken before and after her injuries.<\/span><\/p>\n

Noting \u201csignificant controversy\u201d over what information on Facebook deserves privacy protection, Chief Judge Janet DiFiore said it is appropriate to require disclosure of materials that are \u201creasonably calculated\u201d to contain \u201cmaterial and necessary\u201d evidence.<\/span><\/p>\n

Kelly Forman said she became a recluse after suffering a spinal injury and brain damage, making it hard to read and write, in a June 2011 fall caused by Mark Henkin\u2019s negligence in fitting her horse with a defective stirrup that broke.<\/span><\/p>\n

To defend himself against Forman\u2019s damages claims, Henkin sought access to her entire \u201cprivate\u201d Facebook account.<\/span><\/p>\n

In February 2014, a trial judge ordered Forman to give Henkin pre-accident photos she intended to use at trial, post-accident photos not depicting nudity or romantic encounters, and access to post-accident records of her messages.<\/span><\/p>\n

But in December 2015, a state appeals court limited the disclosure to photos intended for trial, saying Henkin could not go on a \u201cfishing expedition\u201d for evidence.<\/span><\/p>\n

DiFiore, however, reinstated the trial judge\u2019s ruling, saying the appeals court erred in employing a \u201cheightened threshold\u201d for disclosing social media records that depended on what users chose to share publicly.<\/span><\/p>\n

\u201cSome materials on a Facebook account may fairly be characterized as private,\u201d DiFiore wrote, \u201cbut even private materials may be subject to discovery if they are relevant.\u201d<\/span><\/p>\n

Henkin\u2019s photo request \u201cwas reasonably calculated to yield evidence relevant to plaintiff\u2019s assertion that she could no longer engage in the activities she enjoyed before the accident and that she had become reclusive,\u201d she added.<\/span><\/p>\n

Forman\u2019s lawyer had no immediate comment. Henkin\u2019s lawyer did not immediately respond to requests for comment.<\/span><\/p>\n

The case is Forman v Henkin, New York State Court of Appeals, No. 1.<\/span><\/p>\n

Source:-\u00a0https:\/\/www.reuters.com\/article\/us-new-york-court-facebook\/ny-top-court-says-private-facebook-photos-can-be-disclosed-idUSKCN1FX2L0<\/span><\/p>\n

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