Photo tagging in Facebook allows anyone to identify a photo with someone with a Facebook profile as being their picture. There are security settings that apply but there the person “tagged” doesn’t have to approve the connection between themselves and the photo.
A party in a divorce dispute, argued that the evidence of this photo was inadmissible because she hadn’t approve or consent to the photo being uploaded to Facebook. As a result, a Kentucky Court of Appeals ruled that such tagged photos could be used as evidence in a case where they should a party drinking an alcoholic beverage against the health providers recommendations.
Reading Tea Leaves by Randy Wilson 