MM v BC, RS and Facebook Ireland Ltd [2016] NIQB 60 (15 June 2016)

MM v BC, RS and Facebook Ireland Ltd [2016] NIQB 60 (15 June 2016)

The need to preserve vital evidence in the Facebook accounts outweighs the temporary interference with the defendants' Article 8 rights. An order is made prohibiting access or alteration of the accounts, except by experts, until further order, and requiring affidavits from the defendants regarding their account activity.

Citation
[2016] NIQB 60
Parties
Plaintiff: MM; Defendant: BC; Defendant: RS; Defendant: Facebook Ireland Limited
Jurisdiction
Northern Ireland
Judgment Date
15 June 2016
Procedural Posture
Interlocutory Application in Civil Proceedings / Interlocutory (ex Parte) Judgment
Outcome
Interim injunction granted
Legal Topics
Revenge Porn, Preservation of Evidence, Interim Injunctions, Data Protection Act 1998, Article 8 ECHR
Privacy Law Data Protection Civil Procedure Revenge Porn Preservation of Evidence Interim Injunctions Data Protection Act 1998 Article 8 ECHR

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Parties

MM

Plaintiff

BC

Defendant

RS

Defendant

Facebook Ireland Limited

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Interlocutory (ex Parte) Judgment

Legal Issues

  1. 1 Whether to prohibit defendants from accessing or altering their Facebook accounts to preserve evidence in a revenge porn case
  2. 2 Whether to require defendants to file affidavits detailing their access to Facebook accounts since prior court orders
  3. 3 Balancing Article 8 ECHR rights against the need to preserve evidence

Ratio Decidendi

The need to preserve vital evidence in the Facebook accounts outweighs the temporary interference with the defendants' Article 8 rights. An order is made prohibiting access or alteration of the accounts, except by experts, until further order, and requiring affidavits from the defendants regarding their account activity.

Court Disposition

Interim injunction granted

Orders

  • First and second defendants prohibited from accessing or altering their present Facebook accounts except by experts retained by or on behalf of their solicitors, until further order of the court.
  • First and second defendants required to file affidavits detailing their access to their Facebook accounts since the original court order.