At BuddyTalk, we are dedicated to protecting the privacy and security of our users. We strive to create a platform where people can safely interact and connect, while ensuring that their personal information remains secure. However, in compliance with applicable laws, we recognize that there may be legitimate instances where we are required to cooperate with law enforcement agencies. This document outlines the legal framework under which we may disclose user information, our obligations under German law (and EU laws), and how law enforcement can make formal requests for user data.
Legal Framework for Data Disclosure
BuddyTalk operates in compliance with the General Data Protection Regulation (GDPR) and German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). Under these laws, we are committed to protecting the personal data of our users. Any disclosure of user information will be made only under strict legal conditions. We will review each request carefully to ensure that it complies with German and European data protection laws, including requests made by law enforcement agencies.
Conditions for Data Disclosure:
BuddyTalk will only disclose personal information to law enforcement agencies if the following conditions are met:
- Valid Legal Request: A valid legal request must be submitted, such as a court order, search warrant, or other official legal documentation in compliance with German law or relevant EU legislation.
- Necessity and Proportionality: The request must clearly establish the necessity and proportionality of disclosing user data for the purposes of preventing or investigating serious crimes. This includes, but is not limited to, investigations involving terrorism, organized crime, human trafficking, or other significant threats to public safety.
- User Notification: In accordance with GDPR and BDSG, we aim to notify users when their data has been requested, unless doing so would violate the terms of the legal request, compromise an investigation, or endanger public safety.
Submitting a Data Request
Law enforcement agencies seeking user data must send formal requests to our dedicated team at lawenforcement@budt.org. These requests must meet the following criteria to be considered:
- Detailed Information: The request must provide clear and specific information, including the identity of the requesting authority, legal basis, purpose of the request, and details about the specific data being sought.
- User Identification: In order for us to process the request, the requesting authority must provide identifiable information about the user, such as username, email address, IP address, or other specific details related to their BuddyTalk account.
- Jurisdiction: We are legally required to prioritize and respond to requests issued by courts or law enforcement authorities within Germany. Requests from international law enforcement agencies will only be considered if they are made in accordance with existing international agreements, such as mutual legal assistance treaties (MLATs) or other cross-border data-sharing arrangements.
User Data That May Be Disclosed
Depending on the scope and legality of the request, BuddyTalk may be required to disclose certain types of user data. This could include:
- Basic Account Information: This includes username, email address, registration date, and profile details.
- Communication Data: Information about messages or interactions between users, including timestamps and IP addresses, may be provided if legally required.
- Location Data: If the user has opted to share location-based information through the platform, this data could be included, if lawfully requested.
- Other Metadata: Non-personal data such as device information, browser type, or login timestamps may also be disclosed if relevant to the investigation.
BuddyTalk does not store message content or live chat data longer than necessary, in accordance with our retention policies and user agreements. Therefore, access to this type of information may be limited or unavailable, depending on the timing of the request.
German Law and Data Privacy
Under German law, the Telecommunications Act (Telekommunikationsgesetz, TKG) and the Telemedia Act (Telemediengesetz, TMG) set additional requirements for how service providers handle data requests. BuddyTalk adheres to these legal provisions, ensuring that user data is only disclosed under the following circumstances:
- Telecommunications Data: Under Section 100 of the TKG, law enforcement may request certain telecommunications data (e.g., IP addresses) if necessary for criminal investigations.
- Lawful Interception of Communications: In cases involving severe criminal offenses, law enforcement may request access to communication records as stipulated by Section 110 of the TKG.
- Telemedia Services: The TMG governs the handling of data related to online services, which means we will only release user data to law enforcement if required by court orders, especially when related to the investigation of serious crimes as outlined in Section 14 of the TMG.
BuddyTalk is also fully compliant with the GDPR, which regulates how personal data is collected, stored, and processed. Under the GDPR, law enforcement must demonstrate a legitimate legal basis for accessing personal data, such as the investigation of serious criminal activities, and must ensure that data requests are in line with the principle of proportionality.
Emergency Requests
In cases of immediate and serious threats to public safety, such as an imminent risk to life or national security, BuddyTalk may expedite the disclosure of user information without a court order, provided the request is consistent with applicable German and EU laws. Emergency requests should clearly outline the nature of the threat and the necessity for urgent data disclosure.
Request Response Time
Our legal team at BuddyTalk reviews all requests on a case-by-case basis to ensure they meet the necessary legal standards. While we strive to respond promptly, the complexity of the request, its jurisdiction, and our need to verify its legitimacy may affect response times. Urgent requests or those involving emergency situations will be prioritized accordingly.
Appeals and Further Information
If a request is deemed invalid or incomplete, BuddyTalk reserves the right to reject it. Law enforcement agencies that believe their requests have been wrongly denied may submit an appeal or clarification request to lawenforcement@budt.org. We encourage law enforcement to provide as much detail as possible in their requests to facilitate faster processing.
For additional information or assistance, or to submit any legal inquiries, law enforcement can reach our team via email at lawenforcement@budt.org.
Privacy and User Rights
BuddyTalk is committed to transparency and respects the privacy rights of our users. We will always take steps to notify users when their information has been requested unless we are legally prohibited from doing so. Our commitment to privacy remains a core value, and we ensure that every data request is scrutinized to protect the rights of our users under German and EU law.