WECHAT – LAW ENFORCEMENT DATA REQUEST GUIDELINES

Last modified: October 8, 2013

INTRODUCTION

These operational guidelines are for any law enforcement agency or other government authority (the “Requesting Authority”) making a request to WeChat International Pte. Ltd. (“we”, “our” or “us”) for disclosure of data about our users on WeChat (a “Request”).

We respond to Requests made by a Requesting Authority in accordance with these guidelines, subject always to applicable laws and regulations.

We provide customer information in response to law enforcement requests when legally required to do so. We will scrutinize all requests to make sure they comply with the law.

WHAT KINDS OF REQUESTS DO WE RESPOND TO?

We respond to the following types of Requests:

Preservation Requests

We accept Requests from Requesting Authorities to preserve specified records or data, pending the issuance of valid legal process, for a reasonable period of time and in accordance with applicable laws and regulations. Please complete this form to make a Preservation Request. . If we do not receive formal legal request for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires. In addition to the information described below (in “Form of the Request”), preservation requests must be sent on law enforcement letterhead, signed, and must include a statement with details about steps that are being taken to obtain legal process for the data sought to be preserved. Preservation requests may be sent via the methods described below.

Emergency Requests

Requests from Requesting Authorities that give us a good faith belief regarding an imminent emergency involving risk of death, serious physical injury to a person or any risk of harm to a child. Please complete this form to make an Emergency Request.

Legal Process Requests

Requests made in accordance with applicable laws and regulations. This may include Requests arising from valid search warrants and subpoenas, or valid Requests made in accordance with applicable mutual legal assistance arrangements and channels. Please complete this form to make a Legal Process Request.

RETAINING AND DISCLOSING OF DATA

We will only retain and disclose data in accordance with our Universal Terms of Service (including our Privacy Policy), subject always to applicable laws and regulations.

FORM OF REQUEST

We will only respond to written Requests that are made in accordance with applicable laws and regulations. Please clearly specify the following:

  • the Requesting Authority;
  • the identity of the specific officer and/or agent of the Requesting Authority responsible for the request (the “Request Contact ”) and his or her rank, badge/identification number and identification documents;
  • contact details for the Request Contact, including phone number, email address (which must be from the Requesting Authority’s email domain address) and postal address;
  • a Request response date;
  • the WeChat user to which the Request relates (including users’ identification / WeChat ID / account details);
  • the specific data and/or documents being requested from us regarding the relevant user/account and its relationship to the investigation to which the Request relates; and
  • the basis of the Request, including the provisions of any specific legislation being relied upon.

Please note that we may be unable to respond to any vague or incomplete Requests.

All Emergency Requests must be made using the form certifying the truthfulness and correctness of the Request.

NOTIFICATION OF OUR USERS

We respect our users’ rights and privacy. We may therefore notify the relevant user about any Requests for their data prior to disclosure, unless we are prohibited from doing so under applicable laws or regulations, by the terms of any legal process (such as a confidentiality order), or where we reasonably believe that such disclosure may create imminent [serious] danger or risk for us or any third party.

Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate legal process that specifically prohibits member notification. 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.

REIMBURSEMENT OF COSTS

To the extent permitted by applicable laws and regulations, we may seek reimbursement of our costs in responding to a Request.

TESTIMONY SUPPORT

We do not provide expert testimony support, except to the extent required by applicable laws and regulations.

WHERE SHOULD REQUESTS BE SENT TO?

All Requests should be sent to the following contact details:

1. emailed to lawenforcement@wechat.com with the subject : Law Enforcement Agency Disclosure Request; or

2. by registered mail to WeChat International Pte. Ltd., c/o Level 29, Three Pacific Place, 1 Queen’s Road East, Wanchai, Hong Kong (Attention: Legal Department)

Please note that:

  • we may take longer to respond to any Requests not sent to the above contact details;
  • we will not review correspondences sent by anyone other than Law Enforcement Authorities to the above contact details; and
  • if we accept any legal processes via the above contact details, such acceptance is for convenience only and does not waive any of our rights or objections, including for lack of proper service or jurisdiction.

File Attachments:

LEGAL_PROCESS_REQUEST&PRESERVATION_REQUEST_FORM.docx (30KB)

EMERGENCY_DISCLOSURE_REQUEST_FORM.docx (30KB)