At the crossroads of social media discovery, there is no one-size-fits-all approach. The appropriate balance of discovery and privacy depends on the particular facts and circumstances of each case, a careful analysis of applicable law, the requested content, and the user’s expectation of privacy.
No matter which direction the law proceeds, lawyers must be aware of the unique issues created by privacy features in the realm of social media discovery. By carefully considering the most targeted approach to obtain relevant discoverable information posted to social media sites and brainstorming unique ways of balancing a litigant’s privacy interests, attorneys can avoid the inherent uncertainly in this developing area of the law to a degree. As the road remains unsettled, any of these decisions could illuminate the proper path at the intersection of discovery and privacy.
This is the final post in the Privacy v. Discovery: The Battle for Social Media Information series. A complete analysis of this this topic is discussed in my article titled Social Media Crossroads: An Analysis of the Law at the Intersection of Discovery and Privacy in the Realm of Social Media, first published on Westlaw’s Computer & Internet Journal, Volume 29, Issue 23.