Canadian judge: Facebook profile never private

An Ontario court judge has ordered a party to motor vehicle case to provide the content of their private Facebook page.  This judge doesn’t distinguish between profiles set with absolute privacy from those completely public.  Here is his reasoning:

a court can infer from the social networking purpose of Facebook, and the applications it offers to users such as the posting of photographs, that users intend to take advantage of Facebook’s applications to make personal information available to others.  From the general evidence about Facebook filed on this motion it is clear that Facebook is not used as a means by which account holders carry on monologues with themselves; it is a device by which users share with others information about who they are, what they like, what they do, and where they go, in varying degrees of detail.  Facebook profiles are not designed to function as diaries; they enable users to construct personal networks or communities of “friends” with whom they can share information about themselves, and on which “friends” can post information about the user.


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One Response to “Canadian judge: Facebook profile never private”

  1. Private Facebook can used in Canadian court « Reading Tea Leaves by Randy Wilson Says:

    […] Facebook can used in Canadian court By Randy Wilson I posted about this judge’s ruling earlier this month but now comes more detail.  It seems that the […]

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