Uber Guidelines for Law Enforcement Authorities - United States
We provide the following operational guidelines for law enforcement officials seeking information from Uber Technologies, Inc., and its subsidiaries. We may change these guidelines without notice. Law enforcement officials outside the United States should consult Uber Guidelines for Law Enforcement Authorities - Outside the 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.
Law Enforcement Portal
To submit a request to the Uber Law Enforcement Response Team (LERT), law enforcement should create an account and submit the request through the Law Enforcement Portal at https://lert.uber.com. The Portal is a central place for law enforcement to communicate securely with our LERT Specialists when submitting preservation requests or legal process, getting status updates on responses to legal process, receiving responsive information, and asking questions.
Preservation of Records
Upon receipt of a formal written request 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.
We require a subpoena issued in connection with an official criminal investigation to compel the disclosure of basic information. 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 our disclosure of certain communications between people using Uber or GPS location information. Exceptions to these requirements may be available for emergency and exigent requests, where a user has provided consent, or - for requests that do not require a warrant - where other legal or regulatory standards apply.
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 through the Law Enforcement Portal at https://lert.uber.com. We require a description of 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 and 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 create an account and submit legal process to Uber through the Law Enforcement Portal at https://lert.uber.com. We accept courtesy copies through the Law Enforcement Portal as a convenience, but reserve all rights and objections, such as for lack of jurisdiction or improper service.
Law enforcement should include in their request:
- Clear grounds for the legal basis for the request;
- Detailed specifics on the information sought. 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.
Notice of Requests
Uber’s policy is to notify riders and driver-partners of law enforcement requests for their information before disclosure, whenever possible, with exceptions for emergencies, exigent requests, when we have a good faith belief that notice would be counterproductive or would create a risk to safety, or when we are prohibited from doing so by law (i.e., by statutory prohibition or court order). Law enforcement officials seeking non-disclosure of legal requests should provide relevant details concerning their investigation so that we may determine whether the request falls into one of these exceptions. In all other circumstances, law enforcement must obtain a non-disclosure order. If Uber receives a request for disclosure that is not governed by existing law or an accompanying non-disclosure order, we will give law enforcement the opportunity to seek court-ordered non-disclosure before we provide notice. Please be sure that the non-disclosure order states that notice is prohibited for a specified period of time. Upon receipt of an appropriate court order, we will delay notification unless or until the order expires or is withdrawn. Where available, Uber will take advantage of the statutory provisions of 18 U.S.C. § 3511(b)(1)(A) to have non-disclosure requirements reviewed by a court.