WhatsApp Preservation and Emergency Requests: Police Guide, Template

WhatsApp is different from most platforms an investigator deals with, because it says plainly what it does not keep. That makes the timing of a preservation request unusually important, and it shapes what an emergency request can realistically ask for. This guide covers only those two routes, using what WhatsApp’s own law enforcement guidelines say, with an adaptable template for each. For the general picture (subpoena, 2703(d) order and warrant tiers, what each can reach), see our WhatsApp law enforcement data request guide. This page is not legal advice, and where WhatsApp’s page is silent we say so.

Who can use these routes

WhatsApp’s guidelines are for law enforcement officials seeking records. Its portal access page says requests may be made only by governmental entities authorised to obtain evidence in connection with official legal proceedings under 18 U.S.C. §§ 2703 and 2711. WhatsApp states it will not review or respond to requests from non-law enforcement officials, and asks that law enforcement inquiries not be sent to WhatsApp Support or any other channel not intended for law enforcement. Users seeking their own account data use WhatsApp’s Request Account Info feature instead.

What WhatsApp says it keeps

This is the context for every request. WhatsApp states that in the ordinary course of providing its service it does not store messages once they are delivered, or transaction logs of delivered messages, and that undelivered messages are deleted from its servers after 30 days. It says end-to-end encryption is always activated, meaning messages are encrypted to protect against WhatsApp and third parties from reading them. It also says it does not retain data for law enforcement purposes unless it receives a valid preservation request before a user has deleted that content from the service. The same page adds that, as stated in its Privacy Policy, WhatsApp may collect, use, preserve and share user information where it has a good-faith belief this is reasonably necessary, including to respond to legal process or government requests, and that this may include information about how some users interact with others on the service.

What WhatsApp says legal process can reach, if available: a subpoena covers basic subscriber records (name, service start date, last seen date, IP address and email address); a 2703(d) order adds certain account records excluding contents, which may include numbers blocking or blocked by the user; a search warrant covers stored contents of an account, which may include “about” information, profile photos, group information and the address book. WhatsApp’s separate Help Center article, “About government requests for user data”, goes further: it says WhatsApp “cannot and does not produce the content of its user’s messages” in response to government requests, and that a response may include, if available, basic subscriber information (name, service start date, last seen date, IP address, device type and email address) and account information (“about” information, profile photos, group information and contacts list). The same article says that to comply with a valid legal request, such as a Pen Register Trap and Trace Order in the United States, WhatsApp may start collecting message logs and call logs for a particular user (who the communication was to or from, when, from which IP address, and the type of communication). That is forward-looking collection under legal process, not something a preservation request can produce.

Preservation requests: what WhatsApp says

Route and period. Under “Account Preservation” WhatsApp says it will take steps to preserve account records in connection with official criminal investigations for 90 days pending receipt of formal legal process, and that formal preservation requests may be submitted through the Law Enforcement Online Request System. The portal access page confirms that any “Preservation Request” should continue to be made through that system.

What the request must contain. WhatsApp will not process overly broad or vague requests. All requests must identify the records with particularity and include: the name of the issuing authority, the badge or ID number of the responsible agent, an email address from a law enforcement domain and a direct contact phone number; and the WhatsApp account number, including any applicable country codes. The guidelines link WhatsApp’s article on adding an international phone number, which says to start with a plus sign, then the country code and full number, removing any leading zeros or special calling codes (its US example: +1 408 XXX XXXX).

Extension. WhatsApp’s page states the 90 days but does not say whether a preservation can be extended. The statute does (current text; §§ 2702 and 2703 were last amended in 2018): 18 U.S.C. § 2703(f) says a provider, on the request of a governmental entity, “shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process,” for 90 days, “extended for an additional 90-day period upon a renewed request by the governmental entity.”

What is not covered. WhatsApp’s guidelines do not list which data categories a preservation captures. WhatsApp does state, in the article above, that it does not produce message content in response to government requests. Our reading of those statements, not a WhatsApp statement: scope the request around account records of the kind it lists for subpoenas and orders, rather than assuming delivered message text exists to be preserved.

User notice. WhatsApp reserves the right to notify people of requests for their information prior to disclosure unless prohibited by law or in exceptional circumstances such as child exploitation cases, emergencies or where notice would be counterproductive. The page does not separately address notice of a preservation.

Emergency requests: what WhatsApp says

WhatsApp says that in a matter involving imminent harm to a child or risk of death or serious physical injury to any person and requiring disclosure of information without delay, a law enforcement official may submit a request through the Law Enforcement Online Request System. For expedited processing it recommends including the word “EMERGENCY” in the subject line, and asks that emergency requests come from an official government-issued email address. If a request concerns child exploitation or child safety, WhatsApp asks you to say so and include relevant NCMEC report identifiers. It says it may waive fees for emergency requests. Its “About government requests for user data” article adds that in emergencies law enforcement may submit a written attestation, and that WhatsApp may disclose information where it has a good faith reason to believe the matter involves imminent risk of serious physical injury or death and that it may have information to help avert the threat to life; it says every request, emergency or not, is individually reviewed by its Law Enforcement Response Team.

The statutory basis is 18 U.S.C. § 2702(b)(8) (contents) and § 2702(c)(4) (records): a provider “may divulge” to a governmental entity if it, “in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay” of communications (for (b)(8)) or information (for (c)(4)) “relating to the emergency.” The statute permits disclosure; it does not compel it. WhatsApp’s page states no response time. Its portal access page also carries a checkbox for “an authorized law enforcement agent or government employee investigating an emergency.”

Templates

Plain text, to be adapted to your agency’s format and the portal’s own fields. Not legal advice. Replace every bracketed item.

Template 1: preservation request

PRESERVATION REQUEST (18 U.S.C. 2703(f))

To: WhatsApp LLC, Law Enforcement Response Team, via the Law Enforcement Online Request System
From: [AGENCY NAME], [UNIT]
Issuing authority: [AGENCY / PROSECUTING AUTHORITY]
Responsible agent: [NAME, RANK], badge/ID number [NUMBER]
Official email (law-enforcement domain): [[email protected]]
Direct phone: [NUMBER]
Agency case/reference number: [CASE NUMBER]
Date of request: [DATE]

1. Account to preserve
WhatsApp account number, with country code: [+CC NUMBER]

2. Records to preserve (be specific)
[ACCOUNT RECORD CATEGORIES, e.g. basic subscriber records, IP address records, group information] for [START DATE] to [END DATE]. We understand WhatsApp states it does not store delivered messages; this request does not assume otherwise.

3. Authority and purpose
Request by a governmental entity under 18 U.S.C. 2703(f) in connection with an official criminal investigation ([OFFENCE OR STATUTE, IN GENERAL TERMS]). Formal legal process ([SUBPOENA / 2703(d) ORDER / WARRANT]) is being sought and will follow.

4. Non-disclosure
[STATE WHETHER A COURT ORDER PROHIBITING NOTICE EXISTS AND ITS DURATION, OR LEAVE BLANK].

5. Confirmation
Please confirm receipt and the preservation period to the email above. Any renewal will be submitted as a new request before the period ends: [DIARY DATE].

[SIGNATURE / NAME / TITLE]
(Adapt to your agency's format; not legal advice.)

Template 2: emergency request

SUBJECT: EMERGENCY - [CASE NUMBER]

EMERGENCY DISCLOSURE REQUEST (18 U.S.C. 2702(b)(8) and (c)(4))

To: WhatsApp LLC, Law Enforcement Response Team, via the Law Enforcement Online Request System
From: [AGENCY NAME], [UNIT]
Officer: [NAME, RANK], badge/ID number [NUMBER]
Official government-issued email: [[email protected]]
Direct phone (reachable now): [NUMBER]
Date and time of request: [DATE, TIME, TIME ZONE]

1. The emergency
Person at risk: [NAME OR DESCRIPTION, IF KNOWN]
Nature of the imminent harm / danger of death or serious physical injury: [FACTS KNOWN: WHAT WAS REPORTED, BY WHOM, WHEN]
Why disclosure is needed without delay: [REASON]
Child-safety matter: [YES/NO]. NCMEC report identifiers, if any: [IDS]

2. Account
WhatsApp account number, with country code: [+CC NUMBER]

3. Information requested and why it helps prevent the harm
[SPECIFIC ACCOUNT RECORDS, e.g. IP address, last seen date] for [START DATE/TIME] to [END DATE/TIME]. [ONE SENTENCE ON HOW IT HELPS LOCATE OR PROTECT THE PERSON.]

4. Attestation
I am a law enforcement official acting in my official capacity and I believe in good faith that an emergency involving danger of death or serious physical injury requires disclosure without delay. Formal legal process [WILL / WILL NOT] follow: [DETAIL].

[SIGNATURE / NAME / TITLE]
(Adapt to your agency's format; not legal advice.)

Common mistakes WhatsApp’s guidance points to

• Vague scope. WhatsApp will not process overly broad or vague requests; identify the account number with country code and the records with particularity.
• Wrong channel. Law Enforcement Content Review Requests (including those under the EU Terrorist Content Online Regulation) and Law Enforcement Hacked Account Requests must be submitted through a separate portal, officialrequests.meta.com/WhatsApp/login, per the access page. Records and preservation requests stay on the Law Enforcement Online Request System. Do not send law enforcement inquiries to WhatsApp Support.
• Waiting. Data deleted before a valid preservation request arrives is not retained for law enforcement, per WhatsApp.
• Duplicate submission. WhatsApp says sending requests both electronically and by hard copy might increase processing time, and that requests outside the online system should expect longer response times.
• Treating a user as a source. Where a user has consented to the official obtaining their data, WhatsApp says to direct the user to Request Account Info.
• Non-government email. Access and emergency requests need an official government-issued email address.

Related

• WhatsApp law enforcement data request guide (legal process tiers, data available)
• Facebook and Instagram law enforcement data request guide
• Investigator handbook: United States

Sources

• WhatsApp Help Center: Information for Law Enforcement Authorities (read 24 October 2026)
• WhatsApp: Law Enforcement Online Requests access page (read 24 October 2026; no sign-in attempted)
• WhatsApp Help Center: About government requests for user data (read 24 October 2026)
• WhatsApp Help Center: How to add an international phone number (read 24 October 2026)
• 18 U.S.C. § 2703 (US Code, 2024 edition, govinfo.gov)
• 18 U.S.C. § 2702 (US Code, 2024 edition, govinfo.gov)
• US Code classification tables, 119th Congress (Office of the Law Revision Counsel): no amendment to § 2702 or § 2703 listed through Public Law 119-134 (checked 24 October 2026)

WhatsApp says its guidelines may change at any time, so re-read them before filing. For other platforms and countries, use our police data-request directory. If you are a victim rather than an investigator, our country-by-country cybercrime help hub shows where to report.