+ Post New Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16
General Chat Thread, Facebook legality question in General; Anyone know the legality of looking at a pupils Facebook to print of evidence of unacceptable behavior using the Facebook ...
  1. #1
    Disease's Avatar
    Join Date
    Jan 2006
    Posts
    1,079
    Thank Post
    116
    Thanked 70 Times in 48 Posts
    Rep Power
    56

    Facebook legality question

    Anyone know the legality of looking at a pupils Facebook to print of evidence of unacceptable behavior using the Facebook account of another pupil if you have permission from that pupil to use it?

    Thanks

  2. #2

    nephilim's Avatar
    Join Date
    Nov 2008
    Location
    Dunstable
    Posts
    11,668
    Thank Post
    1,614
    Thanked 1,867 Times in 1,385 Posts
    Blog Entries
    2
    Rep Power
    400
    Anything there is public domain. If you can see it, then print it, and use it as evidence as needed.

    Had a similar issue when I worked in a school, and schools lawyers advised the above. If everything is set to hidden and you needed to befriend the person to view the information, you are getting into grey areas.

  3. Thanks to nephilim from:

    Disease (27th June 2013)

  4. #3
    Hosker's Avatar
    Join Date
    Sep 2011
    Location
    Yorks
    Posts
    29
    Thank Post
    2
    Thanked 0 Times in 0 Posts
    Rep Power
    0
    I would suggest using an account made by yourself and remember facebook minimum age 13

  5. #4

    elsiegee40's Avatar
    Join Date
    Jan 2007
    Location
    Kent
    Posts
    10,651
    Thank Post
    1,775
    Thanked 2,159 Times in 1,597 Posts
    Rep Power
    768
    If you have the permission of the facebook account holder whose account you are using to collect evidence, then there is no problem. If you don't, then you you are in muddy waters.

  6. Thanks to elsiegee40 from:

    Disease (27th June 2013)

  7. #5
    Disease's Avatar
    Join Date
    Jan 2006
    Posts
    1,079
    Thank Post
    116
    Thanked 70 Times in 48 Posts
    Rep Power
    56
    The account is set to either friends only or friends of friends, we are accessing it through a friends account and we have permission from that friend to use the account.

  8. #6
    hardtailstar's Avatar
    Join Date
    Apr 2012
    Posts
    1,752
    Thank Post
    520
    Thanked 235 Times in 206 Posts
    Rep Power
    58
    As others have said its in Public Domain so its not illegal.

    What will be the problem is if your are accessing it through a childs/owners account.

    Best thing to do is get the owner of the account to print off the evidance

  9. Thanks to hardtailstar from:

    Disease (27th June 2013)

  10. #7

    unixman_again's Avatar
    Join Date
    Nov 2011
    Posts
    660
    Thank Post
    25
    Thanked 133 Times in 100 Posts
    Rep Power
    134
    It my last school the child protection team would often ask IT to access Facebook for just this purpose. The school had a Facebook account but inside the BGFL, Facebook is banned although they will allow one PC per school to access FB. The PC was in the IT office, where were could control it.

  11. #8

    elsiegee40's Avatar
    Join Date
    Jan 2007
    Location
    Kent
    Posts
    10,651
    Thank Post
    1,775
    Thanked 2,159 Times in 1,597 Posts
    Rep Power
    768
    Quote Originally Posted by Disease View Post
    The account is set to either friends only or friends of friends, we are accessing it through a friends account and we have permission from that friend to use the account.
    Just get the account owner to sign a bit of paper saying that he was with with you on such and such a date when you printed off the information from his/her facebook account.

  12. #9


    Join Date
    Dec 2005
    Location
    In the server room, with the lead pipe.
    Posts
    4,619
    Thank Post
    275
    Thanked 777 Times in 604 Posts
    Rep Power
    223
    You could argue that (if the school is using another pupil's account to view it) the school is using coercion* to gain access to a computer system.

    Technically

    *because the school is in a position to lean on the pupil.

  13. 2 Thanks to pete:

    Pyroman (27th June 2013)

  14. #10
    Pyroman's Avatar
    Join Date
    Sep 2007
    Posts
    1,193
    Thank Post
    431
    Thanked 137 Times in 102 Posts
    Rep Power
    71
    Quote Originally Posted by pete View Post
    You could argue that (if the school is using another pupil's account to view it) the school is using coercion* to gain access to a computer system.

    Technically

    *because the school is in a position to lean on the pupil.
    Agreed, have the students parents/guardians been informed that you wish to use their childs FB account to grass up another pupil? And would there be any comeback for the persons account that you are using, bullying etc?

  15. #11
    Disease's Avatar
    Join Date
    Jan 2006
    Posts
    1,079
    Thank Post
    116
    Thanked 70 Times in 48 Posts
    Rep Power
    56
    We have parental permission.

  16. #12


    Join Date
    May 2009
    Posts
    2,878
    Thank Post
    258
    Thanked 767 Times in 582 Posts
    Rep Power
    269
    Quote Originally Posted by Disease View Post
    Anyone know the legality of looking at a pupils Facebook to print of evidence of unacceptable behavior
    The copyright of Material on someones facebook page belongs to them. Reproduction of it as evidence of unacceptable behaviour should be covered by fair use.

    using the Facebook account of another pupil if you have permission from that pupil to use it?
    As long as you have permission, then accessing a resource (account, computer etc) should be OK. If you want to be safe, get the permission in writing and if the pupil is under 16, get the permission of the parents too. Accessing resources without permission would potentially fall under the computer misuse act which can be extremely serious.

    As always 'legal opinions' even from a lawyer are merely opinions. The actual judgement of a court is the only 'opinion' that really counts!

  17. Thanks to pcstru from:

    Disease (27th June 2013)

  18. #13
    Zourous's Avatar
    Join Date
    Mar 2007
    Location
    East Sussex
    Posts
    324
    Thank Post
    92
    Thanked 80 Times in 35 Posts
    Rep Power
    46
    How can anything on facebook be real evidence? Anyone can fabricate an account to look like it was from someone else. If the person in question of the facebook abuse denies it, how can you prove it was actually them??

  19. #14
    BassTech's Avatar
    Join Date
    Nov 2008
    Location
    West Midlands
    Posts
    470
    Thank Post
    46
    Thanked 30 Times in 23 Posts
    Rep Power
    23
    Quote Originally Posted by Zourous View Post
    How can anything on facebook be real evidence? Anyone can fabricate an account to look like it was from someone else. If the person in question of the facebook abuse denies it, how can you prove it was actually them??
    +1

    It's not really evidence unless you can PROVE that these messages (or whatever) came from a specific IP address linked to the person in question. Anything else is just hearsay - I could manipulate facebook now with any message I wanted from whoever I wanted, print off a screenshot, give it to police and make up a story - doesn't mean it's real and doesn't prove anything.

    You have to be careful because the parents of this child could say you've made it all up because you have something against their child - and can you prove them wrong?
    Last edited by BassTech; 27th June 2013 at 03:35 PM.

  20. #15


    Join Date
    May 2009
    Posts
    2,878
    Thank Post
    258
    Thanked 767 Times in 582 Posts
    Rep Power
    269
    Absolute proof is something that only really exists in the realm of mathematics.

    A defamatory facebook page is evidence of ... defamation. That will probably get you a court order which would force Facebook to reveal other information about the account holder, such as email addresses used and IP addresses used during access. That might still be difficult to pin as 'proof' that a particular individual was responsible for the content, but civil law goes on a "balance of probabilities" rather than "beyond reasonable doubt", so you don't (necessarily) need a single solid piece of evidence that is absolute 'proof' that X did Y. A succession of items of evidence which point toward that may be sufficient. A facebook page created by an imposter with the intention of getting the real person into trouble by posting defamatory material is likely to be very different (shallow and with few interactions) than one maintained by a real person who was being thoughtlessly malicious.

    In terms of a school environment, my experience is that generally students fess up on very little evidence. I think you need to tread carefully with 'evidence' and be careful with 'proof', but I think it is reasonable to operate on balance of probabilities.
    Last edited by pcstru; 27th June 2013 at 04:30 PM.

SHARE:
+ Post New Thread
Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 0
    Last Post: 15th February 2013, 05:36 PM
  2. CCTV - Legality Question
    By rich_tech in forum Physical Security
    Replies: 6
    Last Post: 12th November 2012, 03:40 PM
  3. facebook question
    By rapid_f1 in forum How do you do....it?
    Replies: 6
    Last Post: 23rd July 2010, 11:04 AM
  4. Spamassasin Question
    By Dos_Box in forum *nix
    Replies: 3
    Last Post: 23rd June 2005, 10:27 PM

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •