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Defendants’ Attempt To Obtain Plaintiff’s Social Media Information Denied

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 15, 2012 in General

The Court of Common Pleas in Franklin County, Pennsylvania in  Arcq v. Fields et al, No. 2008-2430 (Herman J. Franklin Co. Dec. 7, 2011) recently addressed a developing issue regarding the discoverability of a Plaintiff’s social network profile and information. The Plaintiff objected to interrogatories seeking social network information by arguing that the materials are not relevant and the Plaintiff has a reasonable expectation of privacy to such information. The Defendants argued that under other trial court cases, and one from the same court, the information is discoverable.
The trial court finds that there is one glaring difference the present case has from the others, and that is that the request of the Defendants in  Arcq is not the result of viewing the public portion of the Plaintiff’s profile. In the other cases the Defendants viewed the Plaintiff’s public portion of the profile and then had reason to request the private portions of the social website. In Arcq, the Defendants made no such showing. Thus, the trial court denies the Defendants’ Motion.
For a copy of the opinion please contact Scott Cooper at Schmidt Kramer Injury lawyers. Scott B. CooperSchmidt Kramer PC209 State StreetHarrisburg, PA 17101(717) 232-6300 – Telephone(717) 232-6467 – Facsimilescooper@Schmidt