Social Media in the Sunshine: Discovery and Ethics of Social Media - Florida's Right to Privacy Should Change the Analysis

Authors

Spencer Kuvin, Cohen & Kuvin, LLC
Chelsea Silvia

First Page

335

Document Type

Article

Abstract

The question is whether the liberal discovery rules have gone too far and where the line should be drawn in Florida to protect the privacy interests of individuals from being implicated by overly permissive rules of discovery. Current case law on this issue is informative, but demonstrates that courts need direction on how to decide these complex issues in a uniform manner. The courts that have rendered decisions regarding discovery of social networking sites ("SNS") have made attempts to balance individual privacy interests in the information contained on the SNS with the broad rules of discovery. Focusing on Florida law, this article will argue that, even in the absence of a constitutional or legislative amendment, federal discovery rules and Florida law dictate that individual privacy interests should play a larger role in a court's determination of whether the content contained on SNS is automatically discoverable.

Recommended Citation

Spencer Kuvin & Chelsea Silvia, Social Media in the Sunshine: Discovery and Ethics of Social Media - Florida's Right to Privacy Should Change the Analysis, 25 St. Thomas L. Rev. 335 (2013).
Available at: https://scholarship.stu.edu/stlr/vol25/iss3/5