ABC Company, John and Mary’s employer, wants access to Mary’s Facebook account. On behalf of ABC, Sam demands that John login to his Facebook account on a work computer and then allow Sam to shoulder surf as John views Mary’s Facebook postings. Fearing for his job, John relents.
Does Mary have a claim against ABC Company for invasion of privacy?
The answer follows after the jump…
The answer, according to a NJ federal court, is yes:
The Court finds that Plaintiff has stated a plausible claim for invasion of privacy, especially given the open-ended nature of the case law. Plaintiff may have had a reasonable expectation that her Facebook posting would remain private, considering that she actively took steps to protect her Facebook page from public viewing.
The court suggested that whether a Facebook user has a reasonable expectation of privacy in her Facebook postings could hinge on her number of Facebook friends; the more friends, the more people who can view her posts, and the lesser the reasonable expectation of privacy. Ultimately, however, decisions regarding reasonableness are highly fact-sensitive inquiries. As such, that would be up to a jury to decide.
Therefore, if ABC Company happens to be [insert name of your company here], would you want a jury of Facebook users deciding the fate of your business on an employee’s invasion of privacy claim?
Don’t shoulder surf.