Social Media Rulings Top E-Discovery Year in Review

In Kroll’s OnTrack Discovery Trends for 2010, two decisions involving social networking are cited.

  • The first is the Quon case where the court ruled that employees should have understood that their employer might have a need to search private text messages on a company owned pager.
  • The second is the more recent New York State Court Romano case which states that parties have a right to even the private portions of social networking sites because, sharing information with others “is the very nature and purpose” of social networking.

Should anyone who agrees or consents to sharing information about themselves online reasonably expect to have a lesser right to privacy because of the agreement to share?

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