Online Writing Used as Evidence in Court Case

An insurance company is refusing to offer coverage for two children suffering from eating disorders, claiming that their online writings offer evidence for denying coverage. Horizon Blue Cross Blue Shield of New Jersey claims that eating problems are not biologically based and that the writings could point to emotional causes. It contends that access to the writings is especially important because the court has barred taking the minors' depositions.

In December, US Magistrate Judge Patty Shwartz ordered the plaintiffs to turn over the children's e-mails, diaries, and other writings about their "eating disorders or manifestations/symptoms and related health conditions" that had been "shared with others, including entries on websites such as Facebook or MySpace." Requests were made that all plaintiffs be required to identify the children's e-mail accounts, and those of their families, and produce at their own expense a mirror-image copy of the hard drive for every computer used by their family.

The scope of the request has already been narrowed; the original request would have included postings from others not related to the suit (and not necessarily in New Jersey) which would have been a blatant invasion of privacy. The argument made by the lawyers for the children is that many of these postings may have had therapeutic value, and could cause detriment to both the children involved in the case as well as others posting to the same groups or message boards. Unless some type of policies are instituted on social networking sites prohibiting establishment of groups that promote dangerous behavior, the judicial system will likely continue to support insurers in their demands for online content to support denial of coverage.

Current legislation in New Jersey could decide the case. One measure  that is being considered would amend the Mental Health Parity Law to remove any doubt that eating disorders must be covered like other illnesses. 

—Source: New Jersey Law Journal and Profy.com