If you post on Facebook recent rulings say your posts are discoverable.
Even without appellate case law in Pennsylvania to provide guidance on the discoverability of information on Facebook, the standard is becoming clear: Post at your own risk.
Three courts in this state have now decided that, if a party in a civil case posts information on his or her Facebook page, and that information appears to contradict statements in discovery or testimony, then the party's Facebook page falls within the scope of discovery.
In the most recent case, Largent v. Reed, a Franklin County judge ordered plaintiff Jennifer Largent to turn over her Facebook username and password to defendant Jessica Rosko, who allegedly caused an auto accident that left plaintiffs Jennifer and Keith Largent with "serious and permanent physical and mental injuries."
The decision came in Common Pleas Court Judge Richard J. Walsh's 14-page opinion, the beginning of which reads like a Sunday driver's debriefing on the world's most popular website. According to Walsh, Jennifer Largent's Facebook page brought up questions about the extent of her injuries.
According to the opinion, the page reveals Jennifer Largent posted about going to the gym, despite testifying that she needed to walk with a cane. Pictures on the website show Largent "enjoying life with her family." Walsh pointed to these examples from the "public" profile that helped satisfy the slight relevancy standard the defense needed to probe the rest of her page. The plaintiffs filed negligence and loss of consortium claims.
Walsh said there can be "little expectation of privacy" on a social networking site.
Largent v. Reed Ruling: http://druganddevicelaw.net/Opinions%20in%20blog/Largent.pdf
http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202533320095&slreturn=1
Judge orders plaintiff to give defendant her Facebook username and password so defendant can access plaintiff’s account as part of discovery
http://volokh.com/2011/12/01/judge-orders-plaintiff-to-give-defendant-her-facebook-password-so-defendant-can-access-plaintiffs-account-as-part-of-discovery/