Can Defendants Delete or Hide Social Media Data When Facing a Lawsuit? - SMI aware (2024)

Can Defendants Delete or Hide Social Media Data When Facing a Lawsuit? - SMI aware (1)

Every state's laws are different, and once information is deleted from the Internet, there's usually not much that can be done to restore it.

There is a truth that nothing ever really disappears from the internet. However, this does not always apply to the law. Although each state's laws vary, once information is removed from the Internet, the chances of recovery are usually significantly reduced. This is especially true for social media profiles and posts.

the information is still there – and available if necessary, but only to authorized law enforcement officials

For example, a law firm can detect ita Facebook profile or message that is crucial to a case has disappeared. It could simply be that someone changes their privacy settings. Or they have temporarily disabled their profiles. In such cases, the information is still there - and accessible if necessary, but only by authorized law enforcement officials. Law firms seeking to obtain information from hidden messages or disabled profiles should attempt to cooperate with the case or, more likely, obtain a subpoena.

Data from hidden or deleted social media posts can sometimes be retrieved through third-party hashtags or reposts, such as retweets or tags. Ephemeral posts on Snapchat, Instagram and Twitter can often be retrieved this way, especially if they have gone viral. Less ethical ways to obtain hidden social media data include "hacking" someone's account or "friending" them with the intention of gaining access. Such tactics are legally dubious at best and every effort should be made to ensure they are not used.

In the most extreme case, someone can permanently delete his or her profile. In that case, the profile will disappear from the Facebook servers for good after 90 days. At that point, the information no longer exists – and is irrecoverable even by law enforcement or a court order.

On the other hand, material removed from the Internet is slightly more accessible. The Internet Archive is a virtual treasure trove of web content, videos, software, magazines, and other content. The Wayback Machine is one of the most accessible parts of the site. Often multiple versions of deleted web pages can be retrieved by entering the URL in the search field. If that doesn't work, Google may have cached versions of that page.

Of course, the best way to recover hidden or deleted data is to capture the data before it becomes unreadable or destroyed. Using a trusted third party, such as SMI Aware, to preserve important evidence on social media or websites is often the most cost-effective solution and can provide the fastest processing and best results. Most importantly, the process and procedure a professional uses makes the research repeatable and ensures the quality and integrity of the data. While third parties are often unable to recover deleted messages, SMI Aware specializes in locating and preserving Internet evidence, especially when involved early in the process.

Can Defendants Delete or Hide Social Media Data When Facing a Lawsuit? - SMI aware (2024)
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