Privacy Central, Inc Law Enforcement

Last updated: May 31st, 2019

Law Enforcement.

These operational guidelines are for law enforcement officials seeking records. This information may change at any time.

U.S. Legal Process Requirements

We disclose account records solely in accordance with our terms of service and applicable law, including the federal Stored Communications Act ("SCA"), 18 U.S.C. Sections 2701-2712. Under U.S. law:

  • A valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records (defined in 18 U.S.C. Section 2703(c)(2)), which may include: name, length of service, credit card information, email address(es), and a recent login/logout IP address(es), if available.
  • A court order issued under 18 U.S.C. Section 2703(d) is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include message headers and IP addresses, in addition to the basic subscriber records identified above.
  • A search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents of any account, which may include messages, photos, and location information.
  • We interpret the national security letter provision as applied to the platform to require the production of only 2 categories of information: name and length of service.

International Legal Process Requirements

We disclose account records solely in accordance with our terms of service and applicable law. A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the disclosure of the contents of an account.

Account Preservation

We will take steps to preserve account records in connection with official criminal investigations for 90 days pending our receipt of formal legal process. You may expeditiously submit formal preservation requests through the Law Enforcement Online Request System, or mail as indicated below.

Emergency Requests

In responding to a matter involving imminent harm to a child or risk of death or serious physical injury to any person and requiring disclosure of information without delay, a law enforcement official may submit a request through the Law Enforcement Online Request System. Note: We will not review or respond to requests submitted by non-law enforcement officials. Users aware of an emergency situation should immediately and directly contact local law enforcement officials.

Data Retention and Availability

We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve. We do not retain data for law enforcement purposes unless we receive a valid preservation request before a user has deleted that content from our service.

Due to the security design of the system. User's may opt to Bring Your Own Key (BYOK). In this instance, we will may not be able to provide any meaningful data about a data subject.

Form of Requests

We will be unable to process overly broad or vague requests. All requests must identify requested records with particularity, including the specific data categories requested and date limitations for the request, as well as include: The name of the issuing authority and agent, email address from a law-enforcement domain, and direct contact phone number. The email address, phone number, user ID of the data subject.

User Consent

If a law enforcement official is seeking information about a data subject who has provided consent for the official to access or obtain the user's account information, the user should be directed to obtain that information on their own from their account. For account content, such as messages, photos, videos and timeline posts, users can access their data from their profile page. Users can also view recent IP addresses in their account profile page. Users do not have access to historical IP information without legal process.

Notification

Our policy is to notify people who use our service of requests for their information prior to disclosure unless we are prohibited by law from doing so or in exceptional circumstances, such as child exploitation cases, emergencies or when notice would be counterproductive. We will also provide delayed notice upon expiration of a specific non-disclosure period in a court order and where we have a good faith belief that exceptional circumstances no longer exist and we are not otherwise prohibited by law from doing so. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our terms of use, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.

Testimony

We do not provide expert testimony support. In addition, records are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, please attach it to your records request.

Cost Reimbursement

We may seek reimbursement for costs in responding to requests for information as provided by law. These fees apply on a per account basis. We may also charge additional fees for costs incurred in responding to unusual or burdensome requests. We may waive these fees in matters investigating potential harm to children and our users, and emergency requests.

Submission of Requests

Online

Email us at law@privacycentral.com

Mail

Attention: Law Enforcement Response Team Encinitas, CA 92024

Acceptance of legal process by any of these means is for convenience and does not waive any objections, including lack of jurisdiction or proper service. We will not respond to correspondence sent by non-law enforcement officials to the addresses above.



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