The Role of Social Media Data in Litigation Discovery
In today’s legal landscape, overlooking social media data in litigation discovery can be a costly mistake. Proper collection and preservation of social media evidence can make or break a case, particularly in matters involving disability, emotional distress, or reputation. Effective engagement with social media isn’t just an option — it’s a necessity.
Privacy, Access, and Limits
Millions of people share personal details on platforms like Facebook, Instagram, Twitter, TikTok, and Snapchat. For legal teams, this creates a valuable source of potential evidence. Publicly visible content — such as profile photos, comments, or “likes” — is typically accessible without special permission. Even private profiles can be indirectly exposed through posts shared by friends.
However, courts have emphasized the importance of targeted discovery. In Giacchetto v. Patchogue-Medford Union Free Sch. Dist., a judge ruled that a plaintiff’s entire Facebook account could not be accessed just because public posts raised suspicion. Instead, the court required a focused review to identify relevant content — rejecting any notion of a social media “fishing expedition.”
Preservation Obligations
Attorneys have a clear duty to preserve social media evidence under litigation holds. In Painter v. Atwood, a plaintiff’s deletion of Facebook posts led the court to order the release of login credentials and impose sanctions, including covering the opposing party’s legal fees. Failure to preserve online evidence can carry steep penalties.
Trust the Experts
Navigating online discovery requires expertise. SMI Aware helps legal teams conduct ethical, defensible social media collection, improving outcomes while avoiding costly missteps.
Interested in learning more? Contact us to request a sample report or speak with a representative at (888) 299-9921.
