A Question of Law Information posted on social networking sites isn't private
By JOEL T. EMLEN The McLane Law Firm
A: Most often, yes, because when it comes to social networking sites, there is little that is truly personal or private.
Social networking sites have over one billion users worldwide. Facebook alone, is approaching one billion and has more than 150 million in the United States (an estimated 40 percent of the U.S. population). Facebook users in the United States spend more than 50 billion minutes per month on the site the equivalent of 100,000 years engaging in a whole host of activities, such as posting pictures and videos, giving status updates, or making comments on their friends' Facebook walls. Twitter is not far behind with more than 100 million U.S. accounts and in excess of 400 million tweets per day worldwide. Given that these sites are social, it should come as no surprise that users often do not think critically about the content of their posts or believe the information is personal and private because only friends can see it.
Courts, however, are finding that parties in lawsuits must disclose information posted on social media sites, and some courts are compelling parties to turn over their log-in information to opposing counsel. The information subject to disclosure may include publicly accessible portions of the site, as well as what is available only to friends. But if your friends tag you in any posting, that information is shared with others, not just your friends.
Generally, for a party to obtain information available only to friends, there must be some evidence found in the public view of that party's profile that is relevant to the case. Of course, if your friend is the opposing party, this limitation would not apply, and it raises the question especially in the context of employment and workers compensation disputes about whether to be connected on these sites with co-workers and supervisors.
Social networking sites let us communicate more easily with more people than ever before. With the click of a button or the touch of an app, we can connect or reconnect with family and friends and share photographs and videos of birthdays, holidays, cookouts and our most recent vacation. But you also must know that information posted to these sites is not personal and private and may become public and shared with others in a lawsuit. Staying vigilant and scrutinizing this information is a must. Joel Emlen can be reached at joel.emlen@mclane.com.
Know the Law is a bi-weekly column sponsored by The McLane Law Firm.
We invite your questions of business law. Questions and ideas for future columns should be addressed to: Know the Law, The McLane Law Firm, P.O. Box 326, Manchester, NH 03105-0326 or emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.
Continue reading here:
A Question of Law Information posted on social networking sites isn't private
- Missouri House forges ahead with bill targeting AI deepfakes and youth social media use - Missouri Independent - April 21st, 2026 [April 21st, 2026]
- Unpacking Q4 Earnings: Pinterest (NYSE:PINS) In The Context Of Other Social Networking Stocks - StockStory - April 21st, 2026 [April 21st, 2026]
- Scientists Prove There Are Just Six Degrees of Separation in a Social Network - SciTechDaily - April 21st, 2026 [April 21st, 2026]
- Mastodon says its flagship server was hit by a DDoS attack - TechCrunch - April 21st, 2026 [April 21st, 2026]
- The Social Network sequel The Social Reckoning reveals Jeremy Strong as Zuckerberg - artthreat.net - April 21st, 2026 [April 21st, 2026]
- Foldin Opens Public Beta: A Real-Life Social Network Designed Around the Courage to Show Up - The National Law Review - April 21st, 2026 [April 21st, 2026]
- 5 Social Media News Stories You Need to Read Right Now - Brandwatch - April 21st, 2026 [April 21st, 2026]
- Mamdanis Wife Admits Shame Over Social Media Posts From Her Teens - The New York Times - April 17th, 2026 [April 17th, 2026]
- Young Americans happiness is 'falling off a cliff,' expert saysits not just because of social media - CNBC - April 17th, 2026 [April 17th, 2026]
- Neal Milner: Social Media, Tradwives And The Manosphere - Honolulu Civil Beat - April 17th, 2026 [April 17th, 2026]
- What are the UK governments plans to regulate social media for under-16s? - The Guardian - April 17th, 2026 [April 17th, 2026]
- Meta and Facebook: From connecting college kids to changing the world - USA Today - April 17th, 2026 [April 17th, 2026]
- French president calls for ban on social media telling kids to read - Australian Broadcasting Corporation - April 17th, 2026 [April 17th, 2026]
- 15+ Years Later, 'The Social Network's Follow-Up Is Officially a Tense Courtroom Thriller in First Footage - Collider - April 17th, 2026 [April 17th, 2026]
- Is Bluesky down, are users unable to access it, what are they saying on Reddit - NationalWorld - April 17th, 2026 [April 17th, 2026]
- Ohio bill would require addiction warning labels on social media platforms - Ohio Capital Journal - April 17th, 2026 [April 17th, 2026]
- Are teenage girls addicted to social media? Richard M. Perloff - Cleveland.com - April 8th, 2026 [April 8th, 2026]
- Sam Hiner of the Young Peoples Alliance on holding big social media corporations accountable - NC Newsline - April 8th, 2026 [April 8th, 2026]
- "They got more first-round picks than the Mavs did for Luka" - Social media reacts to Angel Reese going to the Atlanta Dream - Basketball... - April 7th, 2026 [April 7th, 2026]
- Myseum (NASDAQ: MYSE) expands Picture Party to businesses and 10,000 weddings - Stock Titan - April 7th, 2026 [April 7th, 2026]
- Madurasa Indonesia hands social media remit to Volare Advertising Network - marketech apac - April 7th, 2026 [April 7th, 2026]
- How to Market Your Business on Social Media in 2026 - Shopify - April 7th, 2026 [April 7th, 2026]
- Which social media apps do people use in Iran instead of Facebook, Instagram? Answer will leave you shocked - news24online.com - April 7th, 2026 [April 7th, 2026]
- What Gen Z thinks about its social media and smartphone usage - The Harris Poll - April 7th, 2026 [April 7th, 2026]
- Mastodon is making its decentralized social network easier to use with its latest revamp - TechCrunch - March 28th, 2026 [March 28th, 2026]
- Beyond the Manuscript: How Social Media Is Redefining the Modern Oncologist - CancerNetwork - March 28th, 2026 [March 28th, 2026]
- Leveraging Social Media for Population Health Promotion: Evaluation of a Year-Long Nonprofit Public Health Campaign - Cureus - March 28th, 2026 [March 28th, 2026]
- Childhood social media use linked to depression in teenagers - Research Live - March 28th, 2026 [March 28th, 2026]
- Hundreds of teenagers to test social media limits in UK government trial - Computing UK - March 28th, 2026 [March 28th, 2026]
- What teenagers have to say about social media ban - The Hindu - March 28th, 2026 [March 28th, 2026]
- Chris Mason: How will the UK respond to US court verdict on social media? - BBC - March 28th, 2026 [March 28th, 2026]
- Newborn Town: Revenue and profit surged on strong AI-driven growth in social networking and innovative segments - TradingView - March 26th, 2026 [March 26th, 2026]
- Heavy social media users in the U.S. are more engaged with ads and buying across categories - YouGov - March 26th, 2026 [March 26th, 2026]
- Why social media bans are pushing responsibility back to the network: Q&A with Kyle Johnson - Light Reading - March 26th, 2026 [March 26th, 2026]
- Meta and Google found liable for intentionally creating addictive platforms - Computing UK - March 26th, 2026 [March 26th, 2026]
- Children's extended social media use linked to increased depression and anxiety - Medical Xpress - March 26th, 2026 [March 26th, 2026]
- How This Amount of Social Media Time May Be Hurting Teen Mental Health - SheKnows - March 26th, 2026 [March 26th, 2026]
- Tech giants To Pay $6 Million to Woman Harmed by Social Media - Men's Journal - March 26th, 2026 [March 26th, 2026]
- US jury finds Meta, YouTube liable in social media addiction trial - myRepublica - March 26th, 2026 [March 26th, 2026]
- 14 of the best social media analytics tools for your brand in 2026 - Sprout Social - March 26th, 2026 [March 26th, 2026]
- Analysis of Social Media Platforms Market Structure, Current Trends, and Key Player Insights - openPR.com - March 26th, 2026 [March 26th, 2026]
- eYou raises EUR 300,000 to develop to build a real-time fact-checking social network - Telecompaper - March 26th, 2026 [March 26th, 2026]
- Social network X quickly overcomes the incident after the interruption - Laodong.vn - March 26th, 2026 [March 26th, 2026]
- Teen influencer who is 'family's breadwinner' hit by Indonesian social media ban - Australian Broadcasting Corporation - March 26th, 2026 [March 26th, 2026]
- What humans can learn from the bot social network | Opinion - The Tennessean - March 18th, 2026 [March 18th, 2026]
- Leading Companies Reinforce Their Presence in the Decentralized Social Network Market - openPR.com - March 18th, 2026 [March 18th, 2026]
- Netflix just added a comedy-drama movie thats The Social Network for smartphones - Tom's Guide - March 18th, 2026 [March 18th, 2026]
- FIFA Selects YouTube as Its Preferred Platform for the World Cup 2026Will It Affect Streaming? - Tech Times - March 18th, 2026 [March 18th, 2026]
- CYBERCRIME Magazine Interviews ITP Alum Stacy Horn About the Backstory Of East Coast Hang Out (ECHO), The First Social Network Launched In 1989 - NYU... - March 18th, 2026 [March 18th, 2026]
- X hit by global outage; thousands of users affected - The Hindu - March 18th, 2026 [March 18th, 2026]
- 4chan owner Hiroyuki, Hideaki Anno and GACKT reveal details of their last human-made social network in the AI era, which shadow dropped today -... - March 18th, 2026 [March 18th, 2026]
- Meta Buys Moltbook, the Social Network Where AI Bots Chat With Each Other - Technology Org - March 18th, 2026 [March 18th, 2026]
- Meta just bought the social network for AI bots everyones been talking about - Egypt Independent - March 18th, 2026 [March 18th, 2026]
- Wallo Introduces the First Social Network Built on Gifting Instead of Posting - openPR.com - March 18th, 2026 [March 18th, 2026]
- Social network X is the main channel of disinformation against the EU and politicians are the biggest targets - Polskie Radio - March 18th, 2026 [March 18th, 2026]
- Report: Meta has acquired Moltbook, the AI-only social network - Sherwood News - March 11th, 2026 [March 11th, 2026]
- Meta Acquires Moltbook, the AI Agent Social Network With Nearly 200,000 Autonomous Bots - Bitcoin.com News - March 11th, 2026 [March 11th, 2026]
- Mark Zuckerberg's Meta acquires AI agent social network Moltbook that rival Sam Altman made fun of by s - The Times of India - March 11th, 2026 [March 11th, 2026]
- Periwinkle is making self-hosted social media on Blueskys AT Protocol even easier - TechCrunch - March 11th, 2026 [March 11th, 2026]
- Meta takes over Moltbook, the viral social media website for AI chatbots - Firstpost - March 11th, 2026 [March 11th, 2026]
- Meta to acquire Moltbook, the social network for AI agents - The Independent - March 11th, 2026 [March 11th, 2026]
- Meta introduces enhanced teen protection measures for its social media platforms - phnompenhpost.com - March 11th, 2026 [March 11th, 2026]
- Unauthorized TikTok account concerns Manitoulin Minor Hockey Association - The Manitoulin Expositor - March 11th, 2026 [March 11th, 2026]
- Winnipegger charged with threatening prime minister on social media - CBC - March 4th, 2026 [March 4th, 2026]
- Iranians flood social media with videos of them 'doing the Trump dance' to thank president for eliminating Khamenei - Daily Mail - March 4th, 2026 [March 4th, 2026]
- 8 facts about Americans and TikTok - Pew Research Center - March 4th, 2026 [March 4th, 2026]
- How social media killed the food festival stars. And created others - NBC 6 South Florida - March 4th, 2026 [March 4th, 2026]
- 35 arrested in Nepal for misuse of social media and AI ahead of elections - Asia News Network - March 4th, 2026 [March 4th, 2026]
- Newborn Town (9911.HK) Issues Positive Profit Alert; AI Drives 2025 Net Profit Attributable to Owners Up Over 87% YoY - TradingView - March 4th, 2026 [March 4th, 2026]
- Should AI Bots Run Their Own Social Media Network? Not If Its Like Moltbook - Forbes - February 18th, 2026 [February 18th, 2026]
- Death isn't the end: Meta patented an AI that lets you keep posting from beyond the grave - Business Insider - February 18th, 2026 [February 18th, 2026]
- Perhaps we should all be banned from social media - Financial Times - February 18th, 2026 [February 18th, 2026]
- Meta patents AI system that could keep your social media alive after death - Audacy - February 18th, 2026 [February 18th, 2026]
- Meta patents AI that lets dead people post from the great beyond - Fast Company - February 18th, 2026 [February 18th, 2026]
- Meta Patented AI That Takes Over Your Account When You Die, Keeps Posting Forever - Futurism - February 18th, 2026 [February 18th, 2026]
- "Repulsive and immoral": Backlash grows after Meta obtains patent for AI bots to take over a dead user's account - The Daily Dot - February 18th, 2026 [February 18th, 2026]
- Portugal joins international push for limits on social media access by teens - TechCentral.ie - February 18th, 2026 [February 18th, 2026]
- posterly Launches AI-Native Social Media Scheduler Supporting 9 Platforms Starting at $7/Month - openPR.com - February 18th, 2026 [February 18th, 2026]
- They dont deserve to hear this God-level talk - Kevin Durant jokes hed quit social media before video games - Basketball Network - February 18th, 2026 [February 18th, 2026]
- Death is only the beginning? Meta patents tech that'll let AI run your social media from beyond the grave | WION Explains - WION - February 18th, 2026 [February 18th, 2026]