Guidelines for Law Enforcement to Request TikTok Data

Are you a law enforcement official with primary jurisdiction in a country or region such as Cambodia, Hong Kong, Indonesia, Laos, Philippines, Singapore, Thailand, Japan, Korea, Taiwan, Vietnam, Malaysia, Macau who wants to request data from TikTok Inc.,? Then, kindly follow the TikTok law enforcement guidelines mentioned below.

These operational guidelines, which act as a reference for law enforcement officials may help them to seek information with regards to user activity on TikTok. However, TikTok Inc. guidelines are subject to change at any time without any prior notice.

What is TikTok’s Policy in Responding to Law Enforcement Data Requests?

TikTok law enforcement guide ensures to assist these agencies in all aspects while respecting the users’ rights and data privacy. To obtain non-public information, the law enforcement agency must provide relevant legal documents about the nature of information been acquired. This can be a subpoena, court order, warrant, or submission of an emergency request.

What Kind of Information are Availed Upon a Lawful Request?

According to TikTok law enforcement guidelines, the law enforcer’s can get following information in response to request:

• Subscriber Information: This includes the user account information details when he/she has registered while creating a new account or might have revised mandatory fields under account opening application. However, there are some categories listed below, which are not required to create an account. The account information may include the username (First) and last name, email address, phone number, device model, account creation date and the IP address used while creating an account. Furthermore, this information can be obtained if a valid subpoena is given (administrative, grand jury or trial), a court order issued under 18 U.S.C. 2703 (d) or a warrant.
• Video Content: With the TikTok app, users’ can create and upload videos without any hassle. Moreover, these videos may be either saved privately in case of private videos. Otherwise for public videos, it must have posted on TikTok app and made it available for registered users. If an account has been set to private or the public video has been deleted by the user, these public videos are available to law enforcement via TikTok app. As a result, these data are not made available through a data request. However, such information can be availed only by pursuant to a warrant.
• User Interactions: The TikTok app permit users to collaborate among others with the help of commenting on a video, direct messages and live chats. This data can be available through a warrant.
• Log Data: TikTok ensures to maintain logs that may include information such as account login and logout details, content which is generated by the user such as date of file creation and modification date, in-app communication like from/to and timestamp information. In addition to that, the log data does not include authentic content of any user generated files or in-app communications. However, this information can be available following a court order under 18 U.S.C. 2703(d) or a warrant.

What User Information Must the Law Enforcement Include in the Request?

In order to request information with regards to a specific user who is using TikTok services must provide a username of the appropriate account. TikTok will not be able to trace an account based on the actual name, email address, phone number or other account information.

What All Information Are Required from the Requesting Law Enforcement Agency?

According to TikTok law enforcement guidelines, the request must include contact details of the authorized law enforcement official who is submitting the request while making it. Following are the information required:

• Agency Name
• Agent Name and Badge/Identification Number
• Agent Employer-issued Email Address
• Agent Phone Contact, including any Extension
• Agent Mailing Address (P.O Box is not acceptable)
• Response Date (check out details below for emergency requests)

Will TikTok Respect Request for Data Preservation?

Yes. TikTok will value formal requests to retain user information for 90 days. The law enforcement can also preserve information for an additional 90 day period, provided if a formal request to extend the retention days is submitted to TikTok officials. Besides this, TikTok will not respect numerous preservation extension requests apart from one additional 90 day period. Before the preservation period expires, if TikTok does not receive any formal legal process for the maintained information, then the retained data will be deleted upon expiry of the preservation period.

The law enforcers must ensure to send preservation requests on law enforcement letterhead, signed, including the information with regards to a specific username which is to be retained. Furthermore, the preservation request must include a statement about the procedure being carried out to obtain a court order or other legal process as to acquire the data.

How to Makea Data or Retention Request on TikTok?

TikTok law enforcement guide state that the concerned law enforcement official must send all data and/or preservation requests by sending email to [email protected]. Receipt of correspondence is only for convenience purpose and TikTok does not ignore any complaints, which may include lack of jurisdiction or proper service. Additionally, TikTok will not reply to preservation or data requests of user details, which is sent by non-law enforcement officials.

What is the Procedure for Emergency Request for Data?

Under such situation, TikTok examines emergency requests on an individual basis. If the TikTok authorities find adequate reasons that this information involves alarming harm to a child, risk of death or severe physical injury to a person. Then, TikTok may provide essential information, which will help to prevent the harm that is acceptable by applicable law.

The law enforcers are requested to submit an emergency data request via email to [email protected], stating the subject line as “Emergency Disclosure Request”. In addition to that, the following information must be included:

• Determine the person who is under life-threatening situation or severe physical harm or a child who is under risk of immediate detriment
• Evaluate the type of emergency
• Appropriate account information of the user(s) whose information is required to avoid an emergency
• Precise user information requested and the reason why that data is needed to avoid the harm
• All kinds of available information or details with regards to the incident

These emergency requests must be written on an official letterhead, signed by the authorized law enforcement official. In order to send via email, make sure to send it from an approved law enforcement email domain.

In case if a non-law enforcement worker who is familiar with an upcoming disastrous situation must contact local law enforcement authorities immediately.

Is there any Difference in Data Request Procedure for International Governmental Authorities?

To process data requests by an International Governmental Authority, they must use the Mutual Legal Assistance Treaty (MLAT) request or a letter of request process for data sought from TikTok. Furthermore, TikTok officials will review and thereafter revert to the preservation requests, which are submitted accurately. Meanwhile, when the letters rogatory or MLAT is under process.

Does TikTok Report Users About their Account Data Requests?

During the submission of data requests of a specific user by the law enforcers, they must ensure that there won’t be any adverse impact on the hidden investigation upon notification to the user. Moreover, TikTok will appreciate the law enforcement authorities, if they don’t notify the user regarding their data sought.

In addition to that, if the requests submitted by law enforcers is putting TikTok on notice of a prior or ongoing violation of TikTok’s terms, then TikTok will take immediate measures to avoid any sort of further abuse which may include account termination, etc. As a result, it may notify the user that the concerned TikTok officials are aware of their inappropriate behaviour. However, if the law enforcement officials feel that taking such actions would hamper their underlying investigation, then a request must be made to TikTok to suspend such user notification by the law enforcers. TikTok will take the request under consideration. It is only the responsibility of the law enforcement authority to make such a request. This is because it is TikTok’s policy to execute such terms.

Is There Any Cost for TikTok’s Procedure of Preservation and/or Data Requests?

TikTok reserves the right to demand repayment for the costs related to addressing law enforcement data requests.