Preservation Letter
Definition
A formal written request to a cloud provider asking it to preserve a specific account's data for a defined period, typically 90 days renewable once, while full legal process is obtained. Providers in many countries honour voluntary preservation requests without requiring a court order, but disclosure still requires appropriate legal process.
- Sent to
- Cloud service provider
- Typical duration
- 90 days, renewable once
- Purpose
- Freeze specific account data pending legal process
- Compliance basis
- Voluntary in many countries
Common questions
Why is a preservation letter not enough by itself to obtain the data?+
Preservation only stops the provider from deleting or overwriting the specified data; actually obtaining the content still requires a separate, appropriate legal process, such as a warrant or court order, matched to the type of data and the jurisdiction involved.
Why do investigators send a preservation letter early in an investigation?+
Cloud data such as logs or deleted content can be purged on routine retention schedules within weeks, so sending a preservation letter quickly protects evidence from being lost while the slower process of obtaining a warrant or subpoena for actual disclosure is completed.
Related terms
- CLOUD Act
- The Clarifying Lawful Overseas Use of Data Act (US, 2018). Clarifies that US service providers must comply with valid US legal process...
- Google Legal Investigations Support
- Google's process for handling law enforcement requests, documented at its transparency report portal. Google distinguishes between emergency disclosure requests (no legal process...
- iCloud Backup
- A daily encrypted snapshot of an iPhone or iPad stored in Apple's cloud. Includes app data the developer marks for backup, device...
- MLAT (Mutual Legal Assistance Treaty)
- A bilateral or multilateral treaty framework through which countries agree to provide legal cooperation in criminal investigations, including compelling disclosure of evidence...
- Stored Communications Act (SCA)
- Part of the US Electronic Communications Privacy Act (18 U.S.C. 2701-2712) that governs government access to stored electronic communications and data. It...