DATA REQUEST GUIDELINES

Transcription

1 DATA REQUEST GUIDELINES This dcument describes prcedures law enfrcement authrities and individuals invlved in civil litigatin shuld fllw t request data frm LinkedIn and its affiliated service prviders. Nte: The Guidelines are prvided fr infrmatinal purpses nly. LinkedIn may revise the Guidelines at any time and reserves the right t respnd r bject t any Data Request in any manner cnsistent with applicable law. UPDATED May

2 2 1. LinkedIn s Cmmitment t its Members. In rder t maintain the trust f ur Members we strive t ensure that ur plicies and practices prvide clarity cnsistency and cntrl when it cmes t their persnal infrmatin. In keeping with this cmmitment t ur Members we respnd t Requests fr Member data in accrdance with ur Terms f Service and require that such Requests cmply with established legal prcesses. Read mre abut the Data Requests we receive and hw we keep ur Members infrmed in ur Transparency Reprt. 2. What types f Data Requests can I make? We cnsider nly the fllwing types f Requests: Data Requests: A Data Request is a request fr infrmatin r dcuments relating t Member accunts in cnnectin with fficial criminal investigatins r ther fficial legal prceedings. Except in limited emergency situatins (see belw) we require Data Requests t be made thrugh frmal U.S. legal prcess and prcedures and we respnd t such Requests as required by law. Examples f Data Requests include: Subpenas Curt Orders (under the Electrnic Cmmunicatins Privacy Act) Search Warrants Other frms f frmal legal prcess such as Requests issued pursuant t a Mutual Legal Assistance Treaty (MLAT) with the United States (internatinal Requests are addressed at N. 8 belw) Preservatin Requests: A Preservatin Request asks LinkedIn t preserve Member accunt recrds in cnnectin with fficial criminal investigatins r ther fficial legal prceedings. Preservatin Requests must: Identify the accunt(s) at issue (see N. 4 belw fr further details) Identify the investigating agency and/r specific pending fficial prceedings (signed Requests n law enfrcement letterhead preferred) Include assurances that the requesting agency r individual is taking steps t btain apprpriate legal prcess fr access t the data that we are being asked t retain Include a valid return address

3 3 When we receive a valid Preservatin Request we will preserve a ne-time snapsht f then-existing accunt recrds fr 90 days pending service f frmal legal prcess. Emergency Requests: Emergency Requests fr Member infrmatin must be made using the Emergency Disclsure Request Frm at the end f the Guidelines. Emergency Requests are nly apprpriate in cases invlving serius bdily harm r death and we respnd t such Requests nly when we believe in gd faith that such harm may imminently ccur if we d nt respnd withut delay. 3. What cntact infrmatin must I prvide in my Request? T help us ensure that Requests we receive are frm legitimate law enfrcement authrities we require each law enfrcement Request t include the fllwing infrmatin: Requesting Agency Name Requesting Agent Name Requesting Agent Badge/Identificatin Number Requesting Agent Emplyer-Issued Address Requesting Agent Phne Number (including extensin) Requesting Agent Mailing Address (P.O. Bx will nt be accepted) Requested Respnse Date (Please allw at least 3 weeks fr prcessing; see N. 9 belw fr Emergency Requests) Fr ther Data Requests in cnnectin with fficial legal prceedings we require that the requesting party ensure that the subpena (r ther valid legal prcess) thrugh which the Data Request is served clearly identify the requesting party and prvide the fllwing cntact infrmatin fr the requesting party and/r its cunsel f recrd: Name Cmpany r Agency if applicable Address Phne Number Mailing Address (P.O. Bx will nt be accepted) Requested Respnse Date (Please allw at least 3 weeks fr prcessing)

4 4 4. What infrmatin must be included in a Request? LinkedIn requires each Request t identify the accunt(s) subject t the Request by prviding the fllwing infrmatin. Withut this infrmatin we will be unable t fulfill yur Request: The full (first and last) name f the LinkedIn Member and address assciated with the accunt; r The LinkedIn public prfile URL. LinkedIn des nt at this time accept Requests that seek t identify an accunt hlder r seek accunt infrmatin based upn an IP address. Please nte that LinkedIn public prfile URLs cme in 2 frmats: Public Prfile URL fr example: and Custmized Public Prfile URL fr example: Hw t find a subject s public prfile: If yu are lgged in t yur LinkedIn accunt yu may search fr the subject s prfile thrugh LinkedIn s search bx in the upper right-hand crner f the screen. If yu are able t lcate the subject and view the subject s prfile page the public prfile URL will be identified under the field Public Prfile at the bttm f the bx lcated near the tp f the web page.

5 Alternatively yu may search fr the subject s LinkedIn prfile via an utside search engine such as Ggle Bing etc. when yu are nt lgged in t yur LinkedIn accunt (fr example by searching fr Jhn De LinkedIn via Ggle). Clicking n the link prvided at the search engine s site typically directs yu t the public prfile f the LinkedIn Member and the public prfile URL will appear at the tp f yur web brwser after clicking. 5

6 6 5. What types f infrmatin may be available in respnse t a Data Request? Much f the infrmatin n LinkedIn is public and can be fund simply by searching n LinkedIn r using a search engine such as Ggle Bing etc. Hwever depending n the type f frmal legal prcess prvided we may be able t respnd with ne r mre f the fllwing types f data: Basic Subscriber Infrmatin which may include: address(es) Member identificatin number ( Member ID ) Date and time f accunt creatin Billing infrmatin Snapsht f Member Prfile Page which may include: Prfile Summary Experience Educatin Recmmendatins Grups Netwrk Update Stream User prfile pht IP Lgs which may include: Member ID IP address The date the accunt was accessed The number f times the LinkedIn website was accessed by that accunt n that date Pursuant t a valid search warrant frm an entity with prper jurisdictin LinkedIn may be able t prvide Member Cntent as well as Basic Subscriber Infrmatin. Member Cntent may include: Invitatins Messages Cnnectins We require a search warrant t prduce any Member Cntent respnsive t law enfrcement Data Requests. In the case f civil subpenas LinkedIn can prvide Basic Subscriber Infrmatin (nt Invitatins Messages Cnnectins r ther Member Cntent) nly where the requested infrmatin is indispensable t the case and nt within a party s pssessin upn service f a valid federal Califrnia r Califrnia-dmesticated subpena and after ntice t any Member(s) affected. In the nrmal curse Member data shuld be sught frm the Member directly wh can use autmated accunt tls t dwnlad an archive f the relevant data frm the LinkedIn Privacy & Settings tab.

7 7 6. Hw lng des LinkedIn retain Member data? LinkedIn generally des nt retain a cpy f infrmatin frm a Member s prfile page nce the infrmatin has been revised r remved by the Member. Other categries f data relating t Member accunts such as accunt lg-in histry fr active accunts are nly accessible fr a defined time perid. Please nte that except in unusual circumstances 24 mnths represents the upper limit n IP lg data that can be prvided in respnse t any Data Request. Additinally in the nrmal curse if a Member clses his r her accunt we prmptly delete r de-persnalize infrmatin frm that accunt generally within 20 t 30 days f accunt clsure. LinkedIn cannt recver Invitatins r Messages nce they are permanently deleted by a Member and cannt recreate evidence f Cnnectins that have been severed. 7. Will LinkedIn ntify Members f Requests fr accunt data? Yes. LinkedIn s plicy is t ntify Members f Requests fr their data unless we are prhibited frm ding s by statute r curt rder. Law enfrcement fficials wh believe that ntificatin wuld jepardize an investigatin shuld btain an apprpriate curt rder r ther valid legal prcess that specifically precludes Member ntificatin such as an rder issued pursuant t 18 U.S.C. 2705(b). When a Request is accmpanied by a nndisclsure rder LinkedIn will ntify the affected Member(s) as sn as the rder is verturned r expires n its wn terms. Please nte that nndisclsure rders shuld be as narrw in scpe and duratin as circumstances permit and that LinkedIn des nt prvide advance ntice t the Requesting party that a nndisclsure rder is expiring; it is up t the Requesting party t calendar the nndisclsure perid and t keep LinkedIn apprised f any mdificatins r extensins. If yur Data Request draws attentin t an nging vilatin f ur Terms f Service we may take actin t prevent any further abuse in rder t prtect the netwrk and ther LinkedIn Members including actins that culd ntify the Member that we are aware f his r her miscnduct. 8. Are there any additinal requirements fr nn-u.s. Data Requests? Yes. At the present time a Mutual Legal Assistance Treaty (MLAT) Request r letter rgatry is typically required fr disclsure f infrmatin in cnnectin with a nn-u.s. Data Request.

8 8 9. What shuld I d if I have an Emergency Request fr data? LinkedIn takes significant steps t prtect its Members data including requiring valid legal prcess befre prducing any infrmatin abut ur Members r their accunts. Hwever we are als aware that certain emergency situatins may arise that require the disclsure f Member data. Fr these purpses an emergency situatin is nly ne invlving imminent and serius bdily harm r death. Where these circumstances are present Emergency Requests must be made by an authrized law enfrcement agent under penalty f perjury using the Emergency Disclsure Request Frm at the end f the Guidelines. If yu are nt a law enfrcement agent and yu are aware f an emergency situatin please ntify yur lcal law enfrcement fficials. LinkedIn will respnd t Emergency Requests nly if it believes in gd faith that serius bdily harm r the death f a persn may ccur if we d nt respnd withut delay. In all ther cases LinkedIn will disclse infrmatin nly pursuant t valid legal prcess that satisfies the requirements set frth abve and all applicable legal standards. 10. Hw d I serve a Request n LinkedIn? A Data Request may be served by fax t by certified mail express curier r in persn at ur crprate headquarters at ur address set frth belw: LinkedIn Crpratin ATTN: Legal Department 2029 Stierlin Curt Muntain View CA USA

9 9 EMERGENCY DISCLOSURE REQUEST FORM Requesting Agency Name: Requesting Agent Name: Requesting Agent Badge/Identificatin Number: Requesting Agent Emplyer-Issued Address: Requesting Agent Phne Number (including extensin r cell phne): Detailed descriptin f the nature f the emergency and why the threat is imminent (i.e. descriptin f why there is a ptential fr imminent serius bdily harm r death and why the nrmal disclsure prcess wuld be insufficient): Identifying Infrmatin fr Member accunt ((1) LinkedIn public prfile URL r (2) name and address): Detailed explanatin f infrmatin needed t reslve emergency (Please d nt respnd by asking fr all available infrmatin as this will likely result in delaying r denying yur Request): I declare under penalty f perjury that t the best f my knwledge the freging is true and crrect. Signature and Badge Number Date Name