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How does Airbnb respond to data requests from law enforcement?

The following information is provided for law enforcement entities seeking information about users of the Airbnb platform. All other requests for information regarding the Airbnb platform, including user questions regarding reservations and user information, should be directed to our Customer Experience team. We reserve the right to make changes to the information on this page at any given time without notice. You should check this page each time you're making a request.

For the purposes of this policy, “Airbnb” refers to the Airbnb platform. Airbnb, Inc., Airbnb Ireland UC (“Airbnb Ireland”), and Airbnb Global Services Limited (“Airbnb GSL”) are individual entities.


Procedures for US Law Enforcement Requests

All requests from US Law Enforcement (“US Law Enforcement Requests”) should be directed to Airbnb, Inc., located in San Francisco, California. Airbnb, Inc. will respond to valid, properly served legal process to the extent permitted by its Terms of Service and Privacy Policy, and US law, where proper service means service on its Registered Agent for Service of Process in Delaware and California:

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808, 866-403-5272, 302-636-5454 (fax), www.cscglobal.com, and/or at 888 Brannan Street, San Francisco, CA 94103 Attn: Legal.

The following materials are required for non-emergency US Law Enforcement Requests:

  1. A valid trial, grand jury or administrative subpoena is required to compel the disclosure of basic subscriber records as set forth in 18 USC § 2703(c)(2)
  2. A court order issued pursuant to 18 USC § 2703(d) is required to compel the disclosure of other records pertaining to an account, not including the contents of communications
  3. For the content of communications, a search warrant issued under the procedures described in the US Federal Rules of Criminal Procedure (or equivalent state warrant procedures) is required

The above notwithstanding, Airbnb, Inc. explicitly reserves the right to require the use of specific additional processes or of an applicable Mutual Legal Assistance Treaty (“MLAT”) process where applicable.

Notification

Please note that Airbnb, Inc. has a policy of using commercially reasonable efforts to notify users when it receives legal process from a third party requesting user data. Except where a court order (and not just the request for information itself) requires delayed notification or no notification, where notification is otherwise prohibited by law, and where Airbnb, Inc. in its sole discretion believes that providing notice would be futile, ineffective or would create a risk of injury or bodily harm to an individual or group, or to its property, Airbnb, Inc. will endeavor to provide reasonable prior notice to the relevant user of the request for user data in the event the user wishes to seek appropriate protective relief.

All delayed notification and non-disclosure requests issued to Airbnb, Inc. must comply with 18 USC § 2705(b). In addition to meeting all other legal requirements, any court order precluding user notification under this section must include a judicial determination that there is reason to believe that notification of the existence of the court order will result in an adverse result set forth in the statute, including one or more of the following:

  • Endangering the life or physical safety of an individual;
  • Flight from prosecution;
  • Destruction of or tampering with evidence;
  • Intimidation of potential witnesses; or
  • Otherwise seriously jeopardizing an investigation or unduly delaying a trial

All non-disclosure orders must identify the period during which the order is effective.

Consistent with its policy of providing users notice of government-issued legal process for user data, Airbnb, Inc. will request that the government initiate judicial review of any non-disclosure order issued in connection with a national security letter and has done so for any such letter it has received (if any).

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US Attorney General Complaints

If you are a US government official working with a state of federal regulatory authority (such as a state attorney general office), you can contact us in regards to consumer complaints or other similar matters by contacting Airbnb by email here. Messages originating from non-government domains will be deleted and no response will be provided. Emergency requests, law enforcement requests or data requests should not be submitted to this address.

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Procedures for Non-US Law Enforcement Requests

The following guidelines apply for requests for user information (a) from law enforcement located in a country other than the US, or (b) where the requests are not classified as Japan Law Enforcement Requests (as defined in the procedures for Japan Law Enforcement Requests below) (“Non-US Law Enforcement Requests”).

All Non-US Law Enforcement Requests, except Japan Law Enforcement Requests, should be directed to Airbnb Ireland, located in Dublin, Ireland. Generally, Airbnb Ireland will respond to a valid and properly notified legal request to the extent permitted by its Terms of Service, Privacy Policy and applicable law. Requests should be directed to:

Airbnb Ireland UC, Law Enforcement Liaison, 8 Hanover Quay, Dublin 2, Ireland

To expedite review of a request, in addition to notifying Airbnb Ireland by mail, please fax a copy of your request to +(353)16971830 or email a copy of your request.

The following materials are required for non-emergency Non-US Law Enforcement Requests:

  1. In case of alleged crimes against a person, a person’s property or alleged fraud, a valid police request on the law enforcement agency’s letterhead is required for the disclosure of basic subscriber records, transactional information or basic payments-related data (not including contents of communications) to be considered by Airbnb Ireland
  2. For all other alleged crimes, a valid request on the law enforcement agency’s letterhead is required for the disclosure of basic subscriber records to be considered by Airbnb Ireland and a valid order (“ordonnance judiciaire”, “Decreto del Giudice per le Indagini Preliminari”, subpoena, “Auskunftsersuchen”, “richterlicher Beschluss/formelles Auskunftsersuchen”) is required for the disclosure of transactional information pertaining to an account or payments-related data (not including contents of communications) to be considered by Airbnb Ireland
  3. For content of communications, an appropriate and binding court order (or equivalent local warrant procedure) is required for the disclosure to be considered by Airbnb Ireland

The above notwithstanding, Airbnb Ireland explicitly reserves the right to require the use of specific additional processes or of an applicable MLAT process where applicable.

Notification

Please note that Airbnb Ireland has a policy of using commercially reasonable efforts to notify users when it receives legal process from a third party requesting user data. Airbnb Ireland will notify the relevant user of the request except where a court order (not a request) expressly requires Airbnb Ireland to delay or withhold notification, or where notification is otherwise prohibited by applicable law, or where based upon the information supplied by law enforcement Airbnb Ireland, in its sole discretion, believes that providing notice would be futile or ineffective or would create a risk of injury or great bodily harm to Airbnb Ireland’s rights or property or to an individual or group of individuals, including minors.

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Procedures for Japan Law Enforcement Requests

All requests for information regarding users that are contracting with Airbnb GSL or whose information has been shared with Airbnb GSL (“Japan Law Enforcement Requests”) should be directed to Airbnb GSL located in Dublin, Ireland. Generally, Airbnb GSL will respond to a valid and properly notified legal request to the extent permitted by its Terms of Service, Privacy Policy and applicable law. Requests should be directed to:

Airbnb Global Services Limited, Law Enforcement Liaison, 8 Hanover Quay, Dublin 2, Ireland

To expedite review of a request, in addition to notifying Airbnb GSL by mail, please fax a copy of your request to +81345869824 or email a copy of your request.

The following materials are required for Japan Law Enforcement Requests:

  1. In case of alleged crimes against a person, a person’s property or alleged fraud, a valid written inquiry under Article 197(2) of the Code of Criminal Procedure of Japan or any other equivalent written request on the law enforcement agency’s letterhead is required for the disclosure of basic subscriber records, transactional information or basic payments-related data (not including contents of communications) to be considered by Airbnb GSL
  2. For all other alleged crimes, a valid request on the law enforcement agency’s letterhead is required for the disclosure of basic subscriber records to be considered by Airbnb GSL, and a valid order (e.g. a seizure warrant under Article 218(1) of the Code of Criminal Procedure or any other applicable warrant procedure) is required for the disclosure of transactional information or basic payments-related data (not including contents of communications) to be considered by Airbnb GSL
  3. For content of communications, a seizure warrant under Article 218(1) of the Code of Criminal Procedures of Japan or any other applicable warrant procedure is required for the disclosure to be considered by Airbnb GSL

The above notwithstanding, Airbnb GSL explicitly reserves the right to require the use of specific additional processes or of an applicable MLAT process where applicable.

Notification

Please note that Airbnb GSL has a policy of using commercially reasonable efforts to notify users when it receives legal process from a third party requesting user data. Airbnb GSL will notify the relevant user of the request except where the seizure warrant or a court order (not a request) expressly requires Airbnb GSL to delay or withhold notification, or where notification is otherwise prohibited by applicable law, or where based upon the information supplied by law enforcement Airbnb GSL, in its sole discretion, believes that providing notice would be futile or ineffective or would create a risk of injury or great bodily harm to Airbnb GSL’s rights or property or to an individual or group of individuals, including minors.

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Cross-border information requests

All requests for user information should be issued according to the processes outlined above and must comply with relevant law. Depending on the circumstances and the information sought, Airbnb may require the requesting law enforcement authority to follow the MLAT process. Except in circumstanqces in which an Emergency Request can be accepted by Airbnb, all requests for information about Airbnb users must comply with local law.

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Emergency requests

In the event of an emergency involving an imminent risk of death or serious physical injury to any person, law enforcement agents may make an emergency disclosure request by sending an email with the subject: “Emergency Disclosure Request” in the form specified in the “Form of Requests” section below. For Airbnb GSL, you may also fax your request to +81345869824.

Requests for emergency disclosures should explicitly mention the following elements:

  • All known email addresses, names, date of birth, and aliases of data subject or all known physical addresses and telephone numbers of the data subject
  • Your name, department, street address, telephone number, fax number, and email address. Please note that for law enforcement communications by email, Airbnb will only respond to emails from official law enforcement email domains
  • Exactly what information you're requesting, why you're requesting it, and how it pertains to your investigation
  • The nature of the emergency and why the information requested cannot be obtained through the use of ordinary legal processes

Users or non-law-enforcement third parties aware of an emergency situation should not use this email address but instead should immediately and directly contact local law enforcement officials.

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Proper request formats

Airbnb is unable to process overly broad or vague requests. We will only consider law enforcement requests that are:

  1. Typed
  2. Duly signed and stamped by the appropriate law enforcement officer who is empowered by local law to represent the law enforcement agency that is making the request
  3. In compliance with applicable laws
  4. Addressed to Airbnb, Inc., Airbnb Ireland or Airbnb GSL (as appropriate) and sent to Airbnb, Inc., Airbnb Ireland or Airbnb GSL (as appropriate) directly or to its Registered Agent for Service of Process
  5. Drafted in English or translated to English
  6. For law enforcement requests that are addressed to Airbnb GSL: drafted in English or Japanese or translated into English or Japanese

Law enforcement requests should explicitly mention the following elements:

  • All known email addresses, names, and aliases of data subject or all known physical addresses and telephone numbers of the data subject
  • Your name, title, department, the law enforcement agency you are representing, street address, telephone number, fax number, and email address. Please note that for law enforcement communications by email, Airbnb will only respond to emails from official law enforcement email domains
  • Exactly what information you're requesting, why you're requesting it, and how it pertains to your investigation
  • The applicable act or law under which you are requesting the data
  • The applicable act or law under which you are requesting notification be withheld

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