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The U.S. District Court in New Jersey has ruled that nonpublic Facebook posts are protected under the Stored Communications Act (SCA), reports Hunton & Williams’ Privacy and Information Security Law Blog. The case involved a hospital worker who posted to her page a negative comment, which could only be seen by her Facebook friends, about paramedics’ handling of a situation. A Facebook friend then took a screen shot of the post and shared it with hospital management—none of whom had access to the post through Facebook. The employee was suspended and issued a memo saying she had deliberately disregarded patient safety; she then sued on the grounds of SCA violations, among others. The court interpreted the 1986-era language and determined the post is protected under SCA, as it is an electronic communication “transmitted via an electronic communication service” that was in storage and not public.
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