The publication of an article based on a Facebook profile: the crucial role of confidentiality settings in the qualification of invasion of privacy
In a decision dated December 17, 2014, the Paris Civil Court (Tribunal de grande instance) did not qualify an invasion of privacy while information found on the profile of a parliamentary assistant was published on Facebook.
The case, opposed a parliamentary assistant to Mediapart. The plaintiff claimed that Mediapart published an article on its website containing information from her Facebook activity. Whereas she did not wish to disclose her true identity. The Court noted that even if she used a pseudonym, a sufficient number of elements on her Facebook profile allowed the public to identify her (date and place of birth, past and present professional activity, names of family members). The access to this information was displayed on the public version of her profile. The court concluded that there was no invasion of privacy in this instance.
The decision highlights the importance of the privacy settings. They are now crucial for the qualification of invasion of privacy when the information is derived from a Facebook profile.
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Juris Initiative – Behring – Anne-Solène Gay – privacy – decision of December 17, 2014 – TGI Paris December 17, 2014
