How Police in Australia Request Data from WhatsApp, Instagram and Facebook
Authorised police and government officials in Australia can send preservation, emergency and records requests directly to Meta through its law-enforcement portals. For the content of messages, Meta says a mutual legal assistance treaty (MLAT) request or letter rogatory may be required. Australia also has a CLOUD Act data-access agreement with the US (in force since January 30, 2024), which lets qualifying orders for serious crime go to US providers directly; see the legal notes below.
Australia at a glance
| US mutual legal assistance treaty | In force since September 30, 1999Treaty on mutual assistance in criminal matters, with related exchange of notes Source |
|---|---|
| US CLOUD Act agreement | In force since January 30, 2024 Source |
| Budapest Convention on Cybercrime | Party (in force for it since 1 March 2013) Source |
| Requests to Meta (Jul - Dec 2025) | 2,996 total: 2,704 legal process, 292 emergency; some data produced in 85.51% Source |
How to make the request
- Preserve first. Send a preservation request so the account data is kept while legal process is prepared; Meta preserves records for 90 days pending formal process.
- Use the official portals with an official government email. Facebook and Instagram: Meta’s Law Enforcement Online Request System (facebook.com/records). WhatsApp: whatsapp.com/records. Step-by-step: our Facebook & Instagram and WhatsApp portal guides.
- Attach valid legal process under Australia’s law for records requests, and identify the account precisely (username, profile URL, phone number with country code).
- Emergencies: where there is imminent harm to a child or a risk of death or serious physical injury, use the portal’s emergency request route.
- Content: Australia also has a CLOUD Act data-access agreement with the US (in force since January 30, 2024), which lets qualifying orders for serious crime go to US providers directly; see the legal notes below. When to use which channel: MLAT vs LERS vs Interpol.
Meta’s guidelines: “A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the disclosure of the contents of an account.” Source
Legal notes for Australia
- Telecommunications Legislation Amendment (International Production Orders) Act 2021 (No. 78, 2021) is listed 'In force' on the Federal Register of Legislation, administered by the Department of Home Affairs; it is Australia's international production order (IPO) framework used with the US-Australia CLOUD Act agreement. Source
- The DOJ CLOUD Act page dates the agreement to Dec 15, 2021 (signature); the in-force date (Jan 30, 2024) comes from Treaties in Force 2026, TIAS 24-130.1. Do not use 2021 as the in-force date. Source
Cybercrime unit in Australia
Joint Policing Cybercrime Coordination Centre (JPC3), led by the Australian Federal Police (Australian Federal Police). See cybercrime agencies in Australia.
Treaty and request figures checked against the US State Department’s Treaties in Force, the US Department of Justice, the Council of Europe treaty office and Meta’s Transparency Center on 12 October 2026. This page is general information, not legal advice. Other platforms: the platform-by-platform LERS guide; every country: police data requests by country.