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.
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.
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?
> 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.
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).
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)
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.
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.