In Nucci v. Target, a Florida appellate court ordered a plaintiff to produce photographs from her personal Facebook page. In this personal injury action, in which the plaintiff claims to have fallen at defendant’s store, the court ruled that “[t]he photographs sought were reasonably calculated to lead to the discovery of admissible evidence and Nucci’s privacy interest in them was minimal, if any. Here is the case. Below it, some thoughts:
What to do? Well, a lawyer should realize that from now on this case is the standard bearer for discovery in the FB setting. Self surveillance is here to stay. In my view, date from a FB page will be no different than an MRI report in cases in the near future.
How to address?
1. Have your client inventory all photographs on Facebook. While a photo of a client running may go to the claim of injury, how would (for example) a client sitting in church be relevant?
2. Expect to product some information. Offer it up, because if you do not, a Court will.
3. Never give out a password, or allow your client to let defense counsel "friend" him/her.
