Last updated – 2021-08-19
1.1 Welcome to WeChat! We always aim to act in accordance with applicable laws and in cooperation from relevant governmental authorities. This Policy sets out how we respond to requests from governmental authorities, but please note that we may respond to such requests in another manner where required pursuant to applicable laws.
1.2 We receive various requests from governmental authorities in relation to WeChat. Where such request is made:
Requests that fall under paragraph (b) and are governed by this Policy include:
This Policy applies to Requests from governmental authorities. If you are a governmental authority, we recommend that you follow this Policy in making your Request, so that we can respond to your Request as soon as reasonably practicable and in accordance with applicable laws.
1.3 We may amend this Policy at any time without notice. We encourage you to check back regularly on this page for updates.
1.4 In this Policy:
2.1 We regularly receive Requests for disclosure of data which do not belong to and/or are not held by us. To clarify:
We apply this Policy in accordance with the following principles. Further details are set out in the remainder of this Policy.
3.1 We act in accordance with Requests when legally required to do so. The basis for the Requests that we comply with may be pursuant to specific laws and regulations. Such actions may include:
3.3 We aim to apply this Policy consistently and fairly across all jurisdictions where we operate WeChat, subject to all applicable laws and regulations and our interpretation of potential differences between jurisdictions. WeChat is available internationally, and to that end we aim to apply all of our terms (including this Policy) fairly and consistently across all jurisdictions.
3.4 Further to Section 3.3, we may depart from this Policy from time to time for various reasons, including for instance, due to applicable laws and regulations or pursuant to professional advice we have received on the matter.
3.5 We aim to be transparent with our users in the actions that we take. Before and/or after we comply with a Request (depending on the Request and applicable laws and regulations), we reserve the right to notify our users of the Request (including the actions being sought by the Request). This is to ensure that our users have a right to respond to the Request. In addition, where the Request is in relation to actions that may affect other users, we may also notify other users of the relevant Request that we have complied with.
For example, if we have complied with a Request to take down content, we may post a notice in place of the removed content, stating to our users why such content was taken down.
3.6 We do not automatically comply with all Requests. We will always carefully review all Requests to ensure that we comply with all applicable laws and regulations in our response, while respecting our users' rights. That may include taking appropriate internal and third-party professional advice.
As above, we aim to apply this Policy fairly and consistently internationally. We note the following in relation to how we apply this Policy:
5.1 When we receive a Request, we will generally deal with such Request in accordance with the following (and always subject to applicable laws and regulations):
6.1 General requirements
If you are making a Request, please ensure that your Request
We may not respond to any Requests that do not meet the above requirements.
6.2 Who can send Requests?
Appropriate Requesting Authorities may be different in different jurisdictions. Depending on the jurisdiction, legitimate Requests may be submitted by government agencies or from other authorities (e.g. electoral commissions, telecommunication authorities, consumer protection authorities, etc.).
The power of many of these authorities will differ depending on the jurisdiction in question. As above, we will review all Requests in accordance with applicable laws and regulations.
6.3 Form of Request
We will only respond to Requests that contain the following information, and any other information as required by applicable laws and regulations:
Please note that we may be unable to respond to any vague or incomplete Requests.
We respect our users’ rights and privacy. As set out in Section 3.5 above, we may notify the relevant user about any Requests prior to acting on them, 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 actions may create imminent danger or risk for us or any third party. This notification may allow the end user to seek appropriate protective relief.
Requesting Authorities who believe that notification would jeopardize an ongoing legal investigation should obtain an appropriate court order or legal process that specifically prohibits notification of our users. It is the Requesting Authority's responsibility to request that we do not notify a user of the Request because it would jeopardize an ongoing legal investigation.
If your Request is in relation to an ongoing or prior violation of our Terms of Service, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct. If you believe in good faith that such actions will jeopardize an ongoing investigation, it is your responsibility to request that we defer such action, including providing to us the appropriate court order or legal process prohibiting such notification.
We reserve the right to challenge any non-disclosure requests or orders, pursuant to applicable laws and regulations.
To the extent permitted by applicable laws and regulations, we may seek from you reimbursement of our costs in responding to a Request.
All Requests should be emailed to firstname.lastname@example.org with the subject "Governmental Request (insert jurisdiction)".
Please note that: