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Social Media Discovery
On Feb. 4, 2010, Maria Nucci claimed that she slipped and fell while working at a Target store, and sued the company for the harm she sustained. It was a fairly standard case ' at least until September 2013 when Target requested access to Nucci's Facebook page to determine her quality of life following the fall. Nucci objected, and two days later, 36 photographs mysteriously disappeared from the page.
That didn't fly with the Fourth District Court of Appeals for the State of Florida. On Jan. 7, 2015, a three-judge panel granted Target's motion with respect to all photographs on the Facebook page that included Nucci. While Nucci had tried to claim that she had a “reasonable expectation of privacy” because of the social media site's privacy settings, the judges instead turned the very nature of social media against her in the decision. See, Nucci v. Target Corp., Case No. 4D14-138 (Fla. 4th DCA 2015).
“Because 'information that an individual shares through social networking websites like Facebook may be copied and disseminated by another,' the expectation that such information is private, in the traditional sense of the word, is not a reasonable one,” the panel ruled, partially quoting another Florida case. It also added: “Before the right to privacy attaches, there must exist a legitimate expectation of privacy.”
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