Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Keep it clean on Facebook

Posted by defensebaseactcomp on August 4, 2011

We do not recommend giving up your Facebook Friends or Groups but remember that this would not be a good place to exaggerate your well-being or circumstances in order to impress your friends.

Social media and workers comp

Cross Posted from Workers’ Comp Insider   August 3, 2011

Are Facebook, Twitter and other social media postings fair game when conducting a workers comp fraud investigation?

We’ve posted on this topic previously, including a reference to a successful Facebook-related investigation conducted by New York State Insurance Department’s Fraud Bureau: social networking, workers comp & the law. Now, two of the experts that we cited in that post – Professor Gregory Duhl of the William Mitchell College of Law and attorney Jaclyn Millner – have a new article that is worth your attention: Social media and insurance fraud.

In the article, they answer our opening question with a strong affirmative, making a comparison between internet searches of public social networking profiles to the more common fraud investigation tool of video surveillance of property-casualty claimants. In fact, they make the case for why insurance investigators should be spending even more company time on Facebook, suggesting that postings or photos can substantiate some other evidence found in an investigation. While privacy issues are of concern, they state:

A privacy argument is unlikely to prevail in court because a person has no reasonable expectation of privacy in whether he or she has a social networking account or in what is posted in his or her profile. Even if a claimant protects his or her social networking profile information with privacy settings, the information is available to at least some third parties, to whom the claimant gives access (the claimant’s “friends”).

Some courts have gone so far as to say that there is no privacy interest in information stored on the internet because even if information, such as social networking information, is protected with privacy settings, it could be accessed by certain members of the public.

The recent case of Romano v. Steelcase Inc. shows that anything posted on Facebook or any other social networking site, whether the user has privacy settings or not, is likely discoverable.

Please continue reading at Workers’ Comp Insider

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