QUESTION

do I have any privacy protection if a family member is involved in a civil suit?

Asked on Nov 12th, 2019 on Civil Litigation - Ohio
More details to this question:
A relative is involved in an employment suit and the opposing side has asked to read all of their text messages for the past several years. I am not comfortable with my texts being read by anyone or used in this situation for either side’s purposes. Do I have any legal protections/reasonable expectation of privacy?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
No, unless the texts were privileged, i.e. if they werer made to an attorney in the course of legal representation, made to a spouse, etc.  The "expectation of privacy" concept applies to government searches in the course of a criminal case, not private civil litigation, but even if it did, unless the person to whom you texted has a legal obligation to keep your texts confidential, you can have no expectation of privacy in communications you sent to a third party.  Assuming that the texts are relevant to the issues in the employment litigation, your relative will have to produce them.
Answered on Nov 14th, 2019 at 10:33 AM

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