Airbnb 2022 Law Enforcement Response Transparency Report

Overview

The principles of user data privacy and transparency are priorities for Airbnb. The 2022 Transparency Report is the 7th report Airbnb has published as a means of offering transparency and insight into the types and volume of requests we receive from law enforcement and governmental authorities globally.

This report provides information regarding these requests and how they were handled during the period of January 1, 2022 through December 31, 2022.

Types of Requests We Receive

While criminal incidents related to the use of our platform remain rare, Airbnb actively works with law enforcement to support the safety, and enhance the trust of its Hosts, guests and our community at large, while balancing the need to respect their privacy rights. In 2022, Airbnb received the following types of requests from law enforcement and governmental agencies globally:

  • General Inquiries: Questions related to the process of requesting user information.
  • Legal Process Requests: Requests seeking information including personal information about users of the Airbnb platforms in the form of legal process, such as formal written requests, production orders, subpoenas, court orders, or search warrants, addressed to the relevant Airbnb entity.
  • Emergency Disclosure Requests: Requests related to an imminent risk of death or serious physical injury to any person.
  • Preservation Orders: In certain (and rare) scenarios, Airbnb may be requested to preserve a copy of user data for a specified period of time while a valid legal process for the data is obtained.
  • MLATs: Airbnb receives a user data request from a foreign agency via the Mutual Legal Assistance Treaty (MLAT) process. In these instances where the originating country is known to us, Airbnb reports the request under the originating country. Where the originating country is not known, Airbnb reports the request under its Irish entity, through which most MLAT requests are received.

How We Respond to Requests

Airbnb has a dedicated 24/7 global team that evaluates each request for legal validity in accordance with our Terms of Service, Privacy Policy, Law Enforcement Guidelines, and applicable laws and regulations. In most instances, Airbnb requires the submission of a valid legal process request in order to be in a position to consider disclosing user information. 

Depending on the case in question, law enforcement agencies may request different types of user data. For example, requested data may include user account information, information pertaining to transactions conducted on our platform, and in some instances, subject to specific legal process in certain jurisdictions, contents of communications.

In certain emergency situations,  Airbnb may disclose user information without legal process, when we have reason to believe, in good faith, that there is an imminent risk of death or serious physical injury to any person and voluntary disclosure without delay is required to prevent such harm. 

Airbnb’s Law Enforcement Guidelines describes our procedural requirements for law enforcement requests for user information, together with our process for receiving and evaluating such requests.

Notification to Users

When Airbnb receives a law enforcement request seeking user’s personal information, in accordance with Airbnb’s Privacy Policy, we may notify affected users, unless providing notice is prohibited by the legal process itself, by court order, or by applicable law.

Key Law Enforcement Response Statistics – Jan. 1, 2022 – Dec. 31, 2022

During the period covered by this report, Airbnb received legal process requests from 43 countries/regions. These requests come from various law enforcement globally.

Total number of law enforcement requests for user information  Total number of requests where some form of legal process was served  Total  number of requests for which some user information was disclosed Total  number of user accounts effected* by information disclosure
4,795 3,292 1,787 5,499
*User Accounts Effected: Legal process requests from law enforcement sometimes include requests for more than one user account. Accounts “effected” means the total number of accounts for which Airbnb disclosed some information in response to a law enforcement request. Where a country’s/region’s total number of “user accounts effected” is higher than the number of “requests for which some account information was disclosed,” it means that one or more requests asked for the disclosure of information regarding multiple user accounts and the legal process received justifies such disclosure.  

Percentage of Requests where some account information was disclosed

Regional Percentage where law enforcement submitted valid legal requests are: 

North America 81.72%
Europe, Middle East  and Africa 47.40%
Asia Pacific  36.66%
Latin America 23.91%
1 Percentages are calculated based on the number of requests for which some account information was disclosed divided by the total number of requests where some form of legal process was received. 

Circumstances impacting disclosure of data:

The majority of legal requests submitted by law enforcement resulted in user information being disclosed as they complied with Airbnb’s Terms of Service, Privacy Policy, Law Enforcement Guidelines and applicable laws.  

However,  13.11% of the requests received during 2022 were either considered  invalid,  incomplete or did not comply with our policies, Law Enforcement Guidelines, or applicable laws and therefore we did not disclose user information. The reasons for such non disclosure include the following:

  • Law enforcement did not follow up on our initial response notifying them of the deficiency in their request and/or non-disclosure order and requesting them to make the necessary amendments.
  • Legal process was received, but upon review, was determined not to have a valid legal basis, or was considered overbroad with regard to the scope of data requested, or law enforcement was unable to demonstrate how the requested Airbnb data was reasonably related to the crime under investigation.
  • An Airbnb account was not identified.
  • Responsive data was not identified.
  • Law Enforcement withdrew their request.

Legal Process Requests by Country/Region Jan. 1, 2022 – Dec. 31, 2022

Country/Region Number of Requests Received Number of Requests for Which Some Account Information was Disclosed Percentage of Requests for which some Account Information was Disclosed Number of User Accounts Effected by Disclosure
Argentina 11 3 27.27% 5
Australia 218 78 35.78% 149
Austria 23 9 39.13% 14
Belgium 24 14 58.33% 39
Brazil 160 35 21.88% 94
Canada 42 22 52.38% 40
Chile 2 1 50% 1
Croatia 1 1 100% 1
Colombia 1 0 0% 0
Costa Rica 2 0 0% 0
Czech Republic 9 5 55.56% 8
Denmark 3 3 100% 3
Ecuador 1 0 0% 0
Finland 12 7 58.33% 12
France 641 347 54.13% 828
Germany 319 167 52.35% 270
Greece 9 4 44.44% 4
Hungary 2 0 0% 0
India 5 1 20% 1
Ireland 19 10 52.63% 13
Italy 77 23 29.87% 42
Japan 10 5 50% 8
Luxembourg 4 3 75% 8
Malaysia 1 0 0% 0
Malta 2 0 0% 0
Mexico 8 5 62.50% 7
Montenegro 2 0 0% 0
Netherlands 14 8 57.14% 15
New Zealand 12 6 50% 11
Norway 13 9 69.23% 23
Peru 7 5 71.43% 5
Poland 19 2 10.53% 2
Portugal 26 7 26.92% 10
Qatar 1 0 0% 0
Romania 8 3 37.5% 4
Singapore 4 3 75% 10
South Korea 14 6 42.86% 6
Spain 226 76 33.63% 134
Sweden 43 26 60.47% 63
Switzerland 31 19 61.29% 40
Taiwan 6 0 0% 0
United Kingdom 440 190 43.18% 367
United States 820 684 83.41% 3,262
Total 3,292 1,787 56.07% 5,499

Emergency Disclosure Requests by Country/Region Jan. 1, 2022 – Dec. 31, 2022

Country/Region Number of Requests for Which Some Account Information was Disclosed Number of User Accounts Effected by Disclosure
Argentina 1 1
Australia 13 23
Belgium 1 1
Brazil 3 3
Canada 20 23
Costa Rica 2 2
France 5 7
Iceland 1 1
Japan 1 2
Mexico 3 14
Netherlands 1 1
New Zealand 3 4
Poland 1 1
Portugal 1 1
South Africa 2 2
Spain 2 2
United Kingdom 19 22
United States 57 107
Total 136 217