Is There An Expectation Of Privacy For Public Social Media Profiles?

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Fox Rothschild LLPIf your social media profile is public … do you really have an expectation of privacy in the information it contains?

The United States’ Ninth Circuit Court of Appeals says … maybe not.

In an interim decision in the HiQ vs LinkedIn case, on the permissibility of web-scraping public profiles, the court analyzed the privacy of public social media profiles. It upheld a lower court ruling  denying LinkedIn an injunction seeking to block HiQ’s access to publicly available LinkedIn profiles.

Some takeaways that apply to social media profiles generally:

  • If your profile is set to “public”, it is doubtful that you have an expectation of privacy in the contents of your profile.
  • This is especially the case if:
    • the privacy statement for the platform clearly discloses that information on the profile may be seen by others and
    • the social media platform has services that allow third parties to view public profiles, export information from them or get alerts on changes.
  • Choosing a profile setting that prohibits certain types of sharing from your public profile does not in itself create an expectation of privacy.
  • If you would like to prevent your employers or others from seeing information about your job / status updates, choose a private setting for your profile and don’t include your employer as your contact / social media friend.

Read the court ruling.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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