INTERNET LAW; TORTS: PERSONAL INJURY; CIVIL PROCEDURE: DISCOVERY: PLAINTIFF DOES NOT HAVE REASONABLE EXPECTATION OF PRIVACY IN PHOTOGRAPHS THAT SHE HAS POSTED ON FACEBOOK REGARDLESS OF HER PRIVACY SETTINGS: RELEVANCE OF PHOTOGRAPHS OVERWHELMS PLAINTIFF’S MINIMAL PRIVACY INTERESTS: STORED COMMUNICATIONS ACT DOES NOT APPLY TO INDIVIDUALS WHO USE THE COMMUNICATIONS SERVICES PROVIDED; APPEALS: CERTIORARI

Nucci v. Target Corporation, ___ So. 3d ___, 40 Fla. L. Weekly D166 (Fla. 4th DCA January 7, 2015)

The trial court ordered the plaintiff in a slip and fall case to produce all photographs depicting her on her Facebook account from the period two years before the accident to the present, and the appellate court denied the plaintiff’s petition for certiorari. The appellate court held that the plaintiff did not have a reasonable expectation of privacy, regardless of the privacy settings on her account, because her friends had the ability to share her private photographs. The court analogized the photographs to “a ‘day in the life’ slide show produced by the plaintiff before the existence of any motive to manipulate reality.” The court was influenced by surveillance demonstrating that the plaintiff may not have been candid about the impact of her accident related injuries. The Stored Communications Act, 18 U.S.C. Sections 2701-2712, did not constitute an impediment to discovery because it is inapplicable “to individuals who use the communications services provided.”

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