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Sunday, March 6, 2011

Access to and release of personally identifiable information

Access to and release of personally identifiable information

Access:

Projects are primarily run by volunteer contributors. Some dedicated users are chosen by the community to be given privileged access. For example, for an English Wikipedia user, user access levels to Wikipedia are determined by the user's presence in various 'user groups'. User group rights and group members are reachable in every project from the Special:ListGroupRights page.

Other users who may have access to private identifiable information include, but are not limited to, users who have access to OTRS, or to the CheckUser and Oversight functions, users elected by project communities to serve as stewards or Arbitrators, Wikimedia Foundation employees, trustees, appointees, and contractors and agents employed by the Foundation, and developers and others with high levels of server access.

Access to and publication of this information is governed by the Access to nonpublic data policy, as well as specific policies covering some of the functions in question. Sharing information with other privileged users is not considered "distribution."

Release: Policy on Release of Data

It is the policy of Wikimedia that personally identifiable data collected in the server logs, or through records in the database via the CheckUser feature, or through other non-publicly-available methods, may be released by Wikimedia volunteers or staff, in any of the following situations:

  1. In response to a valid subpoena or other compulsory request from law enforcement,
  2. With permission of the affected user,
  3. When necessary for investigation of abuse complaints,
  4. Where the information pertains to page views generated by a spider or bot and its dissemination is necessary to illustrate or resolve technical issues,
  5. Where the user has been vandalizing articles or persistently behaving in a disruptive way, data may be released to a service provider, carrier, or other third-party entity to assist in the targeting of IP blocks, or to assist in the formulation of a complaint to relevant Internet Service Providers,
  6. Where it is reasonably necessary to protect the rights, property or safety of the Wikimedia Foundation, its users or the public.

Except as described above, Wikimedia policy does not permit distribution of personally identifiable information under any circumstances.

Third-party access and notifying registered users when receiving legal process:

As a general principle, the access to, and retention of, personally identifiable data in all projects should be minimal and should be used only internally to serve the well-being of the projects. Occasionally, however, the Foundation may receive a subpoena or other compulsory request from a law-enforcement agency or a court or equivalent government body that requests the disclosure of information about a registered user, and may be compelled by law to comply with the request. In the event of such a legally compulsory request, the Foundation will attempt to notify the affected user within three business days after the arrival of such subpoena by sending a notice by email to the email address (if any) that the affected user has listed in his or her user preferences.

The Foundation cannot advise a user receiving such a notification regarding the law or an appropriate response to a subpoena. The Foundation does note, however, that such users may have the legal right to resist or limit that information in court by filing a motion to quash the subpoena. Users who wish to oppose a subpoena or other compulsory request should seek legal advice concerning applicable rights and procedures that may be available.

If the Foundation receives a court-filed motion to quash or otherwise limit the subpoena as a result of action by a user or their lawyer, the Foundation will not disclose the requested information until Wikimedia receives an order from the court to do so.

Registered users are not required to provide an email address. However, when an affected registered user does not provide an email address, the Foundation will not be able to notify the affected user in private email messages when it receives requests from law enforcement to disclose personally identifiable information about the user.

Disclaimer

The Wikimedia Foundation believes that maintaining and preserving the privacy of user data is an important value. This Privacy Policy, together with other policies, resolutions, and actions by the Foundation, represents a committed effort to safeguard the security of the limited user information that is collected and retained on our servers. Nevertheless, the Foundation cannot guarantee that user information will remain private. We acknowledge that, in spite of our committed effort to protect private user information, determined individuals may still develop data-mining and other methods to uncover such information and disclose it. For this reason, the Foundation can make no guarantee against unauthorized access to information provided in the course of participating in Foundation Projects or related communities.

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