PRPO-11

Do you have a documented policy for sharing information with law enforcement?

Explanation

This question is asking whether your organization has a formal, written policy that outlines how you handle requests for information from law enforcement agencies (such as police, FBI, or other government investigative bodies). Why it's important in a security assessment: 1. Legal Compliance: Organizations need clear procedures for responding to subpoenas, warrants, and other legal requests to ensure they comply with applicable laws. 2. Data Protection: A documented policy helps ensure customer/user data isn't improperly disclosed, even to authorities, without proper legal basis. 3. Consistency: Having a policy ensures all law enforcement requests are handled consistently and appropriately. 4. Transparency: Many stakeholders (customers, partners, regulators) expect organizations to be transparent about when and how they might share data with authorities. The policy typically covers: - Types of legal requests your organization will respond to - Internal approval process for releasing information - Verification procedures to ensure requests are legitimate - Notification procedures (if/when you notify affected users) - Documentation requirements - Which personnel are authorized to respond to such requests To best answer this question, you should: 1. Clearly state whether you have such a policy 2. Briefly describe its key components 3. Mention if it's been reviewed by legal counsel 4. Note if the policy is regularly reviewed/updated

Example Responses

Example Response 1

Yes, our organization maintains a comprehensive Law Enforcement Data Request Policy that was developed in consultation with our legal team The policy outlines our procedures for validating law enforcement requests, the internal approval chain required before releasing any information, documentation requirements, and circumstances under which we notify affected users The policy distinguishes between different types of requests (subpoenas, court orders, warrants, etc.) and specifies the level of information that can be released for each Our General Counsel reviews all law enforcement requests, and we maintain detailed logs of all requests received and our responses This policy is reviewed annually and updated as needed to reflect changes in applicable laws.

Example Response 2

Yes, we have implemented a formal Law Enforcement Information Sharing Policy The policy details our process for responding to legal requests from authorities, including verification procedures to confirm the authenticity of requests, internal escalation paths, and documentation requirements Our policy specifies that we only release information when legally required to do so, and we attempt to narrow overly broad requests whenever possible We also have guidelines on when users should be notified about law enforcement requests for their data, except when prohibited by law or when doing so might interfere with an investigation The policy is maintained by our Legal and Security teams and is reviewed semi-annually.

Example Response 3

No, we currently do not have a documented policy specifically addressing information sharing with law enforcement While we have handled such requests on a case-by-case basis in consultation with our legal counsel, we recognize this is a gap in our formal policy documentation We are in the process of developing a comprehensive policy that will outline our procedures for validating requests, internal approval workflows, documentation standards, and user notification protocols We expect to have this policy finalized and implemented within the next quarter In the interim, any law enforcement requests are escalated directly to our executive team and legal advisors for individual assessment.

Context

Tab: Privacy
Category: Privacy Policies and Procedures