Nothing You Post Online is Truly Private

Digital, mobile, and social media have been an indispensable part of everyday life. Social media usersLike and share social media. Hands holding smartphone with social media network icons. Marketing concept. have passed the 3.8 billion mark. The average internet user now spends 6 hours and 43 minutes online each day viewing and posting life updates/announcements and sharing personal photos and videos.

Unfortunately, one’s private life may no longer be private. Anything you post, type, or comment on (publicly or in private messages) in an electronic device – phone, tablet, computer – could be considered public.

Opportunities for Evidence & Discovery

Did you know that your activity on social media, regardless of your privacy settings, may be accessible to the other side in a lawsuit? Therefore, you need to exercise caution when posting, tweeting, sharing, and liking information if you are involved in any kind of legal action, as your activity may be misinterpreted and used against you.

Despite Murray Guari’s arguments to the contrary, courts sometimes admit information from social media accounts, assuming it is relevant and properly authenticated. If you are involved in a personal injury claim, you can be sure the other side is investigating your social media activity in an attempt to create bias against you or find evidence that appears to conflict with your sworn testimony or what is contained in your medical or employment records.

It is now standard for attorneys or third party investigatory agencies hired by attorneys to search social media for evidence that will help (or hinder) their case. Many companies now advertise their services in carrying out more “in-depth” inquiries. Remember – nothing is truly private!

If you are involved in a lawsuit or plan to pursue one, talk to your attorney about your past and current social media activity, and, if possible, try to refrain from using social media that may be misinterpreted by the other side in a lawsuit.