LAST UPDATED: 12 Apr, 2018
Like all service providers, Lizoc is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. These guidelines apply to all customer data hosted by Lizoc for its users, whether it relates to software purchases or installation, or whether it relates to customer data or information hosted by one of Lizoc’s many online services. Separate rules may apply to users residing in North America(including users in Canada, United States and Mexico). If you are a law enforcement agency seeking access to information regarding an Lizoc user, please follow the process below.
1. Valid legal process is required before disclosure. For all Lizoc customers in North America disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own Terms of Use and Privacy Policy. For all Lizoc customers outside of North America, disclosure is governed by Irish law, as well as our own Terms of Use and privacy policy. In general, we will turn over “basic user information” (i.e., name, length of service, billing information, email address, registration IP address, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over user content stored on our servers, such as photos, videos, documents, form responses, or email messages.
2. Notice to users. It is Lizoc policy to give notice to our customers whenever someone seeks access to their information unless we are legally prohibited from doing so. For example, if we receive a Delayed Notice Order (DNO) under 18 USC Section 2705(b) pertaining to a North American user, we will delay notice for the time period specified in the order and then notify the customer once the order expires. Please make sure any DNO you serve on Lizoc is time-limited and expires on a specific date or after a specific period (such as 90 or 180 days). Indefinite DNOs are not constitutionally valid and we challenge them in court.
3. Data retention and preservation requests. The length of time Lizoc keeps different types of customer data varies depending upon the nature of the service and type of data at issue. For example, Lizoc keeps internet protocol (IP) address logs related to sign-ins for 90 days, but content a customer has deleted from their Lizoc Cloud account generally is not recoverable after 72 hours. If you are a law enforcement agent with questions about the types of data that may be available for a particular Lizoc service, please contact us using the information below. When we receive a preservation request from an agency investigating a crime, Lizoc will preserve then-existing customer data for 90 days in anticipation of receiving valid legal process.
4. Emergency requests. If law enforcement provides Lizoc with information that gives us a reasonable good faith belief that there is a risk of imminent harm (i.e., death or serious physical injury) to a person, and that we have information in our possession that may avert that harm, we may choose to disclose the information we have to protect human life.
5. Preventing child exploitation. We report any images that appear to involve child exploitation to the National Center for Missing and Exploited Children (NCMEC) or to the Irish national police (An Garda Síochána), as applicable. If you are a law enforcement agent reporting a child exploitation or child safety matter, please let us know by following the procedure for reporting an imminent harm matter (outlined above) so that we can address the matter as quickly as possible.
6. Specific information required. We cannot comply with overly-vague requests. At a minimum, we typically need the Lizoc Account name of the customer whose data you seek, the name of the service or services at issue, and a specific statement of the type of information sought.
6. Cost reimbursements. By law, we are entitled to recover costs associated with responding to requests for information. Fees apply on a “per Lizoc Account” basis. If your request is unusually broad or burdensome, additional fees may apply. It is Lizoc policy to waive fees in matters involving child exploitation or imminent harm.
7. Civil Subpoenas. It is Lizoc’s policy to give our customers notice of any civil subpoena seeking access to their information and fifteen (15) days to move to quash such a subpoena before we respond to it — regardless of the subpoena’s stated return date. If the request appears to violate a customer’s free or anonymous speech rights, Lizoc may, in its discretion, move to quash the subpoena on our customer’s behalf.
8. Service of legal process. Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding Lizoc’s North American customers may be personally served at, or mailed to, our registered office. Lizoc U.S. will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory.
All law enforcement requests seeking data regarding Lizoc customers outside of North America are administered by Lizoc Ireland and governed by Irish law. Irish law enforcement may serve legal process on Lizoc Ireland directly.
Civil subpoenas require personal service and will not be accepted via telephone, fax or email.
9. Requests from law enforcement agencies outside of Ireland (excluding North America). Where a law enforcement request relates solely to fraudulent use of a credit card to purchase goods or services on Lizoc.com, Lizoc may voluntarily and in its sole discretion, disclose basic purchase and delivery data in response to legal process that is valid in the jurisdiction where the purchase was made. All such requests must be made to Lizoc Ireland using the contact information above and accompanied by an English language translation.
For all other requests, law enforcement authorities outside of Ireland seeking data from Lizoc Ireland must make a formal legal assistance request to the Irish Department of Justice. An English language translation of any request must be provided.