Uber Guidelines for Law Enforcement Authorities - Outside the US
We provide the following operational guidelines for law enforcement officials seeking information from Uber B.V. and its subsidiaries. We may change these guidelines without notice. Law enforcement officials inside the United States should consult Uber Guidelines for Law Enforcement Authorities - US. Private parties, including civil litigants and criminal defendants, should consult our Guidelines for Third Party Data Requests.
In some cases, law enforcement may find that a rider or Uber driver-partner who has filed a complaint can directly provide the best evidence. We send a trip receipt by email immediately after each trip. These receipts have detailed information about the trip including the date, time, pickup and drop off locations, route, distance, duration, fare breakdown, method of payment, and the names of the rider and driver-partner. Riders and driver-partners can access trip receipts and invoices for past rides in the Uber app or their online account.
Uber is a technology company with a proprietary technology application (the “App”) that provides on-demand lead generation and related services. The App connects independent providers of transportation services with requests from riders requesting transportation services. Drivers provide transportation services to riders through a range of offerings based on vehicle type and/or the number of riders. The Company has expanded the App to enable the transport and delivery of food and packages. You can find up-to-date information about Uber’s services in our Help Center and Newsroom.
Preservation of Records
Upon receipt of a formal written request by email to LERT@uber.com, we will work to preserve records in connection with official criminal investigations for 90 days. Law enforcement may extend a preservation request, once, for an additional 90 days. We do not maintain preserved materials unless we receive an extension request or legal process.
Legal Process Requirements
We will provide responsive records in accordance with our terms, policies, and applicable law. Some general principles are set forth here, but may not apply in every case.
Law Enforcement in the Netherlands
Typically, we require Dutch authorities with supervisory and investigative powers to provide a warrant, court order or other legally binding order to compel the disclosure of a Dutch person’s (personal) data.
Law Enforcement Outside the Netherlands or United States
Law enforcement outside of the Netherlands or the United States may submit a Mutual Legal Assistance Request (MLAT) or Letter Rogatory, as applicable, to Dutch authorities to compel disclosure of data. Alternatively, law enforcement may submit a request directly to Uber B.V. seeking a discretionary disclosure of data. Typically, such requests must, at a minimum:
- relate to an investigation of a crime that is alleged to have occurred in the state from which the request is made;
- relate to an alleged criminal act that is an offense under the ordinary criminal laws in the Netherlands as well as the laws of the requesting country;
- be narrowly tailored to a legitimate law enforcement need; and
- be made using appropriate legal process for the jurisdiction in which the alleged crime occurred.
Uber B.V. reserves the right to decline to exercise its discretion to produce requested information even if each of the above threshold conditions are met and require the submission of an MLAT or Letter Rogatory request. Circumstances under which Uber B.V. will refuse to honor requests include, but are not limited to: if the request is inconsistent with international human rights laws or standards or the rule of law, or is being made to facilitate a prosecution that is political in nature or relates to the target’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under Dutch law.
In all cases, we will provide any responsive records in accordance with our terms, policies, and applicable law.
Emergency and Exigent Requests
We have a process for evaluating requests on an emergency or exigent basis where there is an emergency or exigency that involves protecting a rider, driver-partner, or third party who has been physically harmed, or stopping illegal activity that poses an immediate threat of physical harm, or in cases of verifiable time-sensitive investigations. Requestors must submit an Emergency Request Form (which can be requested through LERT@uber.com) that describes in detail the nature of the emergency or urgency, including details about the nature of the alleged actual or threatened physical harm or exigency, and we review these requests on a case-by-case basis. We may provide responsive information when we have a good faith belief that doing so may protect riders, driver-partners, others, Uber, or otherwise assist with an exigent investigation. Once the emergency or exigency has passed, we require law enforcement to follow up with the appropriate legal process. Notwithstanding, we may require law enforcement to obtain appropriate legal process for any initial or additional disclosure. To facilitate our review, law enforcement should provide as much detail about the incident or emergency as possible.
Form of Request
Authorized law enforcement using an official government domain may send legal process to LERT@uber.com. We accept courtesy copies through LERT@uber.com as a convenience but reserve all rights and objections, such as for lack of jurisdiction or improper service. Law enforcement should take into account applicable privacy and data protection requirements, such as proportionality and subsidiarity, and at a minimum include in their request:
- Clear grounds for the legal basis for the request;
- Detailed specifics on the information sought and how this particular information may benefit the investigation. We will be unable to process overly broad or vague requests that do not identify the information sought with particularity; and
- The name of the issuing authority, badge/ID number of the responsible agent or officer, an email address from a law-enforcement domain, and a direct contact number for the responsible agent or officer.
Law enforcement outside the United States may address requests to Uber B.V., Mr. Treublaan 7, 1097 DP Amsterdam, The Netherlands. Attention: Law Enforcement Response Team.
Notice of Requests
We may notify riders and driver-partners of law enforcement requests for their information before disclosure of any personal data.