NYS App. Div.: Social Media Tags Discoverable If They Contradict Claims

Earlier this year the First Department of the Appellate Division of the New York Supreme Court issued a decision, Vasquez-Santos v. Mathew, 168 A.D.3d 587 (1st Dept. Jan. 24, 2019), reversing a denial of a motion to compel access to a plaintiff’s electronic devices; email accounts; and social media accounts. The data included personal photos which showed the plaintiff, who claimed to be disabled as a result of an accident, playing basketball afterwards. The Court’s unanimous decision stated that, “That plaintiff did not take the pictures himself is of no import. He was ‘tagged,’ thus allowing him access to them, and others were sent to his phone.” Id..