Tuesday, December 1, 2020
Tuesday, December 1, 2020

Information for Law Enforcement Authorities

The following information is provided for law enforcement authorities seeking information about 1) staff; 2) representatives; 3) contributors; or 4) individuals who provide information to Your Content.

About Your Content’s Email Provider

Your Content’s e-mail servers are offered by Swiss-based Proton Technologies AG. All user information is processed and stored by Proton Technologies AG in Switzerland.

Using Your Content for activities that break Swiss law is against Your Content’s Terms and Conditions. Under Swiss law, we are required to cooperate with law enforcement agencies on criminal investigations, within the framework of Swiss laws and privacy regulations.

Information Available from Your Content

Your Content collects user information in accordance with our Terms and Conditions, Privacy Policy and any applicable separate agreement such as a GDPR Data Processing Agreement or a HIPAA Business Associate Agreement. E-mails are stored on ProtonMail servers in encrypted format. They are also transmitted in encrypted format between our servers and user devices. E-mails between Your Content staff are also transmitted with end-to-end encryption. Because data is encrypted at all steps, Proton Technologies AG cannot decrypt user messages.

ProtonMail User Notification Policy

Swiss law requires Your Content to be notified if a third party makes a request for their private data and such data is to be used in a criminal proceeding. However, in certain situations, notification can be delayed. This includes the following cases

  • Where providing notice is temporarily prohibited by the Swiss legal process itself, by Swiss court order, or applicable Swiss law;
  • Where, based on information supplied by law enforcement, we, in our absolute discretion, believe that providing notice could create a risk of injury, death, or irreparable damage to an identifiable individual or group of individuals
  • As a general rule though, targeted users will eventually be informed and afforded the opportunity to object to the data request, either by ProtonMail or by Swiss authorities.

Requesting Assistance

Whether you are a Swiss or a foreign law enforcement agency, please make your request for assistance directly to [email protected] and [email protected] We will generally respond to you within 1 business day, although our response time is usually much shorter than this during Swiss business hours. More critical cases will automatically be given higher priority by our team.

We recommend law enforcement agencies contact Your Content or ProtonMail directly because it allows for faster responses and reaction times compared to official Swiss government channels which can take weeks or months to process requests. Our legal team will be able to advise you on whether or not we will be able to assist you with your particular case, and assist with the preservation of data if we believe that your request will be validated by Swiss authorities. For example, in ransomware cases, we can preserve information on which victims contacted the suspect, so that victims can be notified.

Depending on the nature of your case and which country the request is originating from, Proton Technologies AG and Your Content may redirect you to competent Swiss authorities in order to respect the relevant Mutual Legal Assistance Treaty (MLAT) or for a Swiss case to be opened. If you are requesting that an email address being used for phishing, spamming, or abuse be disabled, we can generally assist without requiring a Swiss court order. Please address any request for suspension with relevant evidence to [email protected] and [email protected]

Required Information

We will be unable to process overly broad or vague requests. All requests must identify requested data with particularity and include the following:

  • The name of the issuing authority, name and badge or ID number of responsible agent, email address from a law enforcement domain and direct contact phone number;
  • The specific user account suspected of illegal activities;
  • A copy of the police report or court order (either foreign or domestic);
  • A copy of the MLAT or international assistance request (if available);

Any requests must be submitted by emailing [email protected].

Guidelines may change

Your Content reserves the right to update this information periodically. Please consult it before making any future requests.