Facebook has been granted an appeal in a groundbreaking privacy case involving data collection and a gagging order against the social network.

Last year the company was forced to hand over data involving 381 people as part of a disability fraud investigation, with a gagging order preventing it from going public on the matter until this summer.

Facebook is asking that the data be returned or destroyed, and has requested a ruling on whether the New York District Attorney’s actions were unlawful under the fourth amendment of the US constitution, which guards against unreasonable search and seizure.

It is also contesting the gagging order on the grounds that it violates the first amendment protection of freedom of speech, which is especially broad under American law.

A motion from the likes of Google, Microsoft and Twitter opposing the document seizure was also granted, as was a similar one from smaller firms asking that independent notices be served to individuals involved in data seizure cases to provide them with an opportunity to object.

Neither the District Attorney nor Facebook has commented on the events for now.