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Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy Settings are Utilized
Because “information that an individual shares through social networking web-sites 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. As one federal judge has observed, On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District
Even had plaintiff used privacy settings that allowed only her “friends” on Facebook to see postings, she “had no justifiable expectation that h[er] ‘friends’ would keep h[er] profile private. . . . ” In fact, “the wider h[er] circle of ‘friends,’ the more likely [her] posts would be viewed by someone [s]he never expected to see them.” Id. Thus, as the Second Circuit has recognized, legitimate expectations of privacy may be lower in e-mails or other Internet transmissions.
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