Guidelines for Law Enforcement Authorities Requesting Information from NextPakk
Law enforcement authorities will sometimes request information from NextPakk about our customers, Pakkmen and drivers. At NextPakk, we believe it’s important to assist law enforcement authorities with legitimate investigations while also protecting the privacy of those who use the NextPakk platform. It’s worth noting that in some cases, law enforcement may find that a customer, merchant, or Pakkmen who has filed a complaint can directly provide the best evidence.
The below guidelines offer law enforcement officials a procedure and a set of best practices for working with NextPakk on these requests. We may change these guidelines without notice. Private parties, including civil litigants and criminal defendants, should consult our Guidelines for Third Party Data Requests.
United States Law Enforcement Requests
For basic information requests, we generally require a subpoena or valid court order issued in connection with an official criminal investigation. For requests around specific communications between people using NextPakk, we generally require a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures. We may make exceptions to these requirements for emergency and exigent requests (as described below), where a user has provided his or her consent, or where other legal or regulatory standards apply and the request do not require a warrant.
Emergency and Exigent Requests
Emergency and exigent requests are situations that involve protecting a customer, Pakkmen, or third party who has been physically harmed, stopping illegal activity that poses an immediate threat of physical harm, or cases of verifiable time-sensitive investigations. In these situations, requestors must submit an Emergency Request to LERT@NextPakk.com, that describes in detail the nature of the emergency or urgency, including details about the nature of the alleged actual or threatened physical harm or exigency. We review these requests on a case-by-case basis. We may respond with some or all requested information when we have a good faith belief that doing so may protect customers, Pakkmen, merchants, employees, or other people, or when that information may otherwise assist with an exigent investigation. We may still 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 send requests to LERT@NextPakk.com. We accept courtesy copies through LERT@NextPakk.com 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 requested. We will be unable to process overly broad or vague requests that do not identify the specific information sought.
- The name of the issuing authority, the 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.
Law enforcement in the United States should address requests to NextPakk at the address of our current registered agent for service of process: Attention General Counsel.
Notice of Requests
We may notify customers, merchants, and Pakkmen of law enforcement requests for their information before disclosure, 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. Law enforcement officials seeking non-disclosure of legal process should provide the details of their investigation to us so that we may determine whether a request falls into one of these exceptions. In all other circumstances, law enforcement officials who do not want their request disclosed should obtain an appropriate court order establishing that notice is prohibited before serving legal process on NextPakk.
Preservation of Records
Upon receipt of a formal written request by email to LERT@NextPakk.com, 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.