What if my social media is set to “private” — can the defense still get it?

What if my social media is set to “private” — can the defense still get it?

Privacy settings are not legal protection. In Georgia, courts have repeatedly held that the mere fact that a social media account is set to “private” does not shield its contents from discovery if those contents are relevant to the litigation. Under O.C.G.A. § 9-11-34, a party may be required to produce electronically stored information, including private social media data, when relevance is established. The defense can serve a request for production demanding access to your social media profiles, direct messages, and account history — and if you refuse, they can seek a court order compelling production. Treat everything on social media as potentially public in the context of your lawsuit.