Invasion of Privacy and Spoliation on MySpace


The Court of Appeals of Minnesota discussed at length a case involving invasion of privacy on MySpace. The case involved a MySpace profile named “Rotten Candy” being created about the Plaintiff, outing her for contracting a sexually transmitted disease from an extramarital affair and accusing her of being addicted to plastic surgery. Yath v. Fairview Clinics, N.P., 767 N.W.2d 34, 6-7 (Minn. Ct. App. 2009).

The Plaintiff’s medical facts were learned from the clinic where she was treated. The case includes a soap opera set of facts with people who knew the Plaintiff gaining unauthorized access to her medical information at the clinic. The MySpace page was not made at the medical clinic, because access to MySpace was blocked by the clinic. The profile was traced back to an Internet Protocol address to a business where the sister of one of the Defendants worked. Yath, 7.

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