Sunday, June 13, 2010

Facebook Update: Insurance Companies And Employers Are Trying To Gain Access To Your FB Info...(Hello Big Brother)

As Facebook continues to gain in popularity, it is creating interesting legal permutations. Recently a colleague reported that after he filed an Ohio personal lawsuit for his client (who was injured in a collision), the attorney for the at fault driver's insurance company requested the following information:

"Any and all entries and replies made by (Plaintiff) on his Facebook account including any photos, postings, wall entries including the information page or any video attached to Facebook, since the accident that is the subject of the complaint".

Whether insurance companies are legally entitled to this information remains to be seen. In a related matter, five nurses are subject to being fired for discussing certain patients' care on Facebook, even though no names or other patient identifying information was utilized.

This is a classic example of technology and social trends being ahead of the issue of how to deal with either legally, and in the marketplace/employment setting. One thing's for certain: you can expect employers and the courts to be all over the place on this issue, so you might want to think about what you're putting out there.
Food for thought anyway....

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