Millions of us post on Twitter, MySpace, Facebook, Geeks and other social networking sites, expecting what we post is private and shared only with those we allow into our site. But all of this could change if a court allows access to a Facebook site to discover if a plaintiff in a court case has incriminated himself by making statements against his best interest.
The case is to be decided in a Canadian court case. According to The Star In Toronto the articles states the following:
Lawyers for Janice Roman, the defendant in the lawsuit, believe information posted on John Leduc’s private Facebook site – normally accessible only to his approved “friends” – may be relevant to his claim an accident in Lindsay in 2004 lessened his enjoyment of life.
As a result of the ruling by Justice David Brown of Ontario’s Superior Court of Justice, Leduc must now submit to cross-examination by Roman’s lawyers about what his Facebook page contains.
Brown’s Feb. 20 ruling also makes clear that lawyers must now explain to their clients “in appropriate cases” that postings on Facebook or other networking sites – such as MySpace, LinkedIn and even blogs – may be relevant to allegations in a lawsuit, said Tariq Remtulla, a Toronto lawyer who has been following the issue.
This could easily apply in a personal injury case in which a litigant claims his or her quality of life has been affected, Remtulla said.
“If you are alleging that, as a result of an accident, you have not been able to enjoy life the same way and there is a photo taken after the accident showing you skiing or exercising … that could be relevant,” the civil litigation and intellectual property lawyer said in an interview yesterday.
One can see the ramifications if the court allows the private information be made public. What do you think?
Should the information be made public?