Protecting Your Social Media Data: Three Things You Need to Know
By Kelley Clements Keller
1. It’s Public Until It’s Private
Data you post on a social media platform is generally public until you change the privacy settings. When social media providers edit or modify these settings, users may, but not always, get notification. It is your responsibility to actively monitor the various privacy policies and settings to ensure that you are in compliance at all times. In doing so, you will greatly reduce leakage of sensitive or confidential information on outbound data streams.
2. You Must Police Yourself, Others and Technology
Police Yourself: If you are posting third-party copyrighted material, displaying a trademark, or using content that is legally protectable, be mindful of your risk of infringement. Avoid the appearance of misuse by including proper copyright notice (© [Year of First Publication of Work] [Owner Name.] All Rights Reserved.) where applicable and properly use trademark symbols (® for federally registered trademarks; ™ or SM symbol in the upper right hand corner of a trademark or service mark in which a third-party is claiming rights even though the mark is not federally registered), and attribution statements are always useful. The converse is true when you are the copyright or trademark owner; always use proper notice and markings on your protected content and trademarks so that the public is aware that your property is protected and cannot be used improperly.
Bottom Line: Activate privacy settings and keep up with changes made to them by social media providers. Police your behavior and that of others in order to avoid liability for copyright or trademark infringement that make you, your company, or client vulnerable to a malware attack. Retain any and all social media content that may constitute a business record.
Kelley Clements Keller, Esq. is a practicing attorney and the Founder and Managing Member at The Keller Law Firm, an Intellectual Property firm located in Carlisle, PA. She can be reached at firstname.lastname@example.org.
Disclosure: While Kelley Clements Keller is an attorney, this writing is for informational purposes only and is not to be considered legal advice.