Deleted Facebook account - legal avenues

Whitecarstones

If one deleted their facebook page over one year ago, and now needs access to private messages within that account for an alibi to a criminal indictment, does one have any recourse to ask facebook to handover the information - to the account holder?

sorry for the bit up in the air enquiry

GerardKeating

https://boards.ie/discussion/2058199681/deleted-facebook-account-legal-avenues

Accounts can be recovered for a certain period after they are deleted/closed. After that point, I am not sure if the infomation could be recovered.

Whitecarstones

Thanks.

Yes i think you have less than 90 days. But their own policy says if you got a search warrant you could get the info from their servers. But thats if there is probable cause of a crime. No mention if you can do the same for an alibi, information without you could be facing up to five years in jail.

https://boards.ie/discussion/comment/117634756#Comment_117634756

Their policy is only their policy. The law trumps their policy, if there is law. What about Data Protection? Someone who could be facing up to five years in jail hasn't got a solicitor?

Whitecarstones

Well its not really about their policy its what they actually have stored if anything on their servers.

Just doing some investigation of my own and looking for other perspectives thats all.

GetWithIt

I have zero Facebook accounts, but wouldn’t the PM still be in the other account? If so, then wouldn’t that be sufficient, and be more accessible to any warrant?

28064212

https://www.facebook.com/help/contact/2032834846972583

However, I would say it's quite likely that Facebook have deleted your messages at this stage

https://boards.ie/discussion/comment/117634756#Comment_117634756

I think you're misunderstanding the policy. It's not "after 90 days, you'd have to get a warrant". It's actually two policies:

• If law enforcement officials want to obtain data from Facebook, they will need a search warrant
• 90 days after a person deletes their account, your data is permanently removed

If you a lay person wants data that Facebook aren't providing, it would be up to the person that wants the data to take a court case against Facebook, and establish that they have a legal right to that data (and that the data exists). A court could then compel Facebook to provide it. It doesn't require a crime to be involved

Victor

Your solicitor should be able to secure the relevant order to have any information released - if it still exists.

GerardKeating

https://boards.ie/discussion/comment/117634985#Comment_117634985

Some people deleted messages after they read them...

Peregrinus

https://boards.ie/discussion/comment/117635660#Comment_117635660

Facebook might still have them, though.

Repo101

Deleting your account takes 90 days because that's how long it takes for the back-ups to be overwritten without your data. After that, your data is gone unless your account has been flagged for some reason.

jim o doom

I'm no expert here, but if the information is from the account of the person making the request and it is information that Facebook holds.. might the person be able to use Freedom of Information legislation to request the info from Facebook?

I think you can request all info held on you from any information holder under FoI laws.. but again, I am not an expert.

GerardKeating

https://boards.ie/discussion/comment/117635674#Comment_117635674

The OP is talking of an account deleted over a year ago, I really doubt backups would be that good.

Peregrinus

https://boards.ie/discussion/comment/117635814#Comment_117635814

We're talking about messages between two Facebook users. If one of the accounts has been deleted, Facebook may still keep the messages so long as the other account is current (even if the other account user has deleted the messages.) I think you'd have to wait for 90 days after both accounts had been deleted before you could be confident that Facebook no longer had a copy of the message on its servers.

MoonUnit75

https://boards.ie/discussion/comment/117635849#Comment_117635849

Yes, the other Facebook account might still have the messages, unless they deleted them manually. Unfortunately for the OP the name of their old account will be renamed to ‘Facebook User’ so the messages could have come from anyone.

Losty Dublin

https://boards.ie/discussion/comment/117635691#Comment_117635691

Freedom of Information relates to State Bodies. You are thinking about the likes of Data Protection and GDPR.

jim o doom

https://boards.ie/discussion/comment/117652911#Comment_117652911

Ah yeah.. that makes sense alrighty! thanks