Legal Updates

When data regarding a fictitious profile is essential for conducting legal proceedings Facebook may be required to disclose it

January 5, 2022

A person used a fictitious Facebook profile to spread false information about other Facebook users. The people about whom the information was spread requested information from Facebook about the details of the fictitious profile holder.

The Court held that Facebook is provide only basic information to see whether the person with the fictitious profile is the person suspected of spreading the information. An Internet service provider may not be required to disclose a person’s identity, even if that person has committed a tort, including copyright infringement. When that person made a publication that is under the freedom of expression, as is the case in defamation lawsuits, excessive protection of the anonymity should be used. In contrast, a service provider may be required to provide information for the purpose of certifying that the surfer's details are the details of a person who is a party to a legal proceeding, particularly when that person who is a party to the proceeding does not object to the issuance of the order. Therefore, there is room to issue an order for the provision of the User Basic Subscriber Information (BSI) held by Facebook, which are an abbreviated URL; Account Closing Date, if any; Name and address (or addresses) Email and/or telephone numbers of the account as at the date of creation; Date, time and IP address at the time of registration; Date, time and IP address of recent entries and exits. However, this information will be provided only in the context of examining whether these link the fictitious Facebook account to the person who is a party to the legal proceedings, but not in order to reveal the details of another Facebook user and to the extent that the said information exposes another person's details, Facebook will not provide the information.