4 ms·

When I had to comply with a recent data request for a police investigation I had to provide all data of anyone who had favoured/bookmarked a certain profile. I

by adevx 5y ago

When I had to comply with a recent data request for a police investigation I had to provide all data of anyone who had favoured/bookmarked a certain profile. I realized just how easily a person's data can end up in an active investigation.

intricatedetail 5y ago
How do you know you had to? Companies send such data out of fear. Many jurisdiction require prosecutor or judge to sign request. Giving police data just like that may be against the law. One of reasons small websites die, because they have no money for legal advice.
- adevx 5y ago
  It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.
  - rhizome 5y ago
    Are you sure "a signed request by a prosecutor" was enough to require you to hand over the data?
  - cyphertruck 5y ago
    That's not a warrant signed by a judge. I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds like a violation of 18 U.S. Code § 242. Deprivation of rights under color of law - https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/18/242 and 18 U.S. Code § 241. Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 https://www.law.cornell.edu/uscode/text/18/241
    - dragonwriter 5y ago
      > I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds something like a subpoena, not a request; these are (in many systems) issued and signed by attorneys, not judges. Now, if there is a legal argument that the material is not subject to subpoena, in the US a motion to quash is available, and something similar may be available in other systems, but they aren’t mere requests, they are obligatory unless successfully quashed.
    - zinekeller 5y ago
      Dutch (public) prosecutor, which in Dutch law do have the force of law.
  - quesera 5y ago
    Some prosecutors will charm you into cooperation. A request by a prosecutor is an informal request. A search warrant signed by a judge is a formal demand. Your corporate data policy will dictate whether you can share customer information without a search warrant or a subpoena.
  - xenocyon 5y ago
    Was it mandatory to comply with such a request? I was under the impression that mandatory court orders need to be signed by a judge (not a prosecutor).
    - throwawayboise 5y ago
      Many companies will comply with a police investigation, warrant or not. You can't reply on third parties demanding a warrant before they release your information to someone with a badge.
    - adevx 5y ago
      The request was signed by a Dutch prosecutor (Officier van Justitie) In the Netherlands, not complying can result in a jail sentence with a maximum of 3 months [1]. I do believe this request was pushing the legal boundaries as the law describes the request should be as specific and narrow as possible [0]. (with "as possible" being a rather big loophole) (Dutch) [0] https://maxius.nl/wetboek-van-strafvordering/artikel126nd https://maxius.nl/wetboek-van-strafvordering/artikel126nd [1] https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:text=Hij%20die%20opzettelijk%20niet%20voldoet,hij%20die%20opzettelijk%20enige%20handeling%2C https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:...
      - craftinator 5y ago
        Ah, I think a lot of the people questioning your choice to hand over the data are US based, where a warrant signed by a judge is legally binding, but a letter from a prosecutor has no such power.
  - deleted 5y ago
    [deleted]

by adevx 5y ago

intricatedetail 5y ago

How do you know you had to? Companies send such data out of fear. Many jurisdiction require prosecutor or judge to sign request. Giving police data just like that may be against the law. One of reasons small websites die, because they have no money for legal advice.

adevx 5y ago
It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.
- rhizome 5y ago
  Are you sure "a signed request by a prosecutor" was enough to require you to hand over the data?
- cyphertruck 5y ago
  That's not a warrant signed by a judge. I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds like a violation of 18 U.S. Code § 242. Deprivation of rights under color of law - https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/18/242 and 18 U.S. Code § 241. Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 https://www.law.cornell.edu/uscode/text/18/241
  - dragonwriter 5y ago
    > I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds something like a subpoena, not a request; these are (in many systems) issued and signed by attorneys, not judges. Now, if there is a legal argument that the material is not subject to subpoena, in the US a motion to quash is available, and something similar may be available in other systems, but they aren’t mere requests, they are obligatory unless successfully quashed.
  - zinekeller 5y ago
    Dutch (public) prosecutor, which in Dutch law do have the force of law.
- quesera 5y ago
  Some prosecutors will charm you into cooperation. A request by a prosecutor is an informal request. A search warrant signed by a judge is a formal demand. Your corporate data policy will dictate whether you can share customer information without a search warrant or a subpoena.
- xenocyon 5y ago
  Was it mandatory to comply with such a request? I was under the impression that mandatory court orders need to be signed by a judge (not a prosecutor).
  - throwawayboise 5y ago
    Many companies will comply with a police investigation, warrant or not. You can't reply on third parties demanding a warrant before they release your information to someone with a badge.
  - adevx 5y ago
    The request was signed by a Dutch prosecutor (Officier van Justitie) In the Netherlands, not complying can result in a jail sentence with a maximum of 3 months [1]. I do believe this request was pushing the legal boundaries as the law describes the request should be as specific and narrow as possible [0]. (with "as possible" being a rather big loophole) (Dutch) [0] https://maxius.nl/wetboek-van-strafvordering/artikel126nd https://maxius.nl/wetboek-van-strafvordering/artikel126nd [1] https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:text=Hij%20die%20opzettelijk%20niet%20voldoet,hij%20die%20opzettelijk%20enige%20handeling%2C https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:...
    - craftinator 5y ago
      Ah, I think a lot of the people questioning your choice to hand over the data are US based, where a warrant signed by a judge is legally binding, but a letter from a prosecutor has no such power.
- deleted 5y ago
  [deleted]