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Legal Alert - Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy Settings are Utilized

01/22/2015

By Robin E. Perkins and Casey G. Perkins

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted to her Facebook page. No. 4D14-138, 2015 WL 71726, — So. 3d — (Fla. Dist. Ct. App. Jan. 7, 2015). The Court held there is little, if any, right to privacy in photos posted on Facebook or other similar social networking sites. In this case, Plaintiff asserted personal injuries resulting when she slipped and fell on a foreign substance in a Target store. Specifically at issue on appeal were more than 30 photos Plaintiff posted on Facebook and then removed shortly after the photographs were discussed during her deposition.

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