# What Is a Preservation Request? 2703(f) Explained | Kodex Source: https://www.kodexglobal.com/glossary/preservation-request > A preservation request freezes user data while law enforcement obtains legal process. Learn what it compels, how long it lasts, and how to handle one. Legal Process ## Preservation Request A preservation request asks a company to retain specified records so they are not deleted while law enforcement obtains legal process. It compels retention, not disclosure: no data is handed over. In the United States it is grounded in 18 U.S.C. § 2703(f) and generally runs for 90 days, renewable once. Also known as 2703(f) request, preservation letter, data freeze request The preservation request is the quietest instrument in the set and the one most often mishandled, because it looks like a data request and is not one. ### What a preservation request does It stops the clock. Providers delete data on a schedule; investigations move slower than deletion cycles. A preservation request bridges that gap by requiring the company to set aside a copy of specified records while the requesting agency assembles the legal process needed to actually obtain them. The mechanics under § 2703(f): - The request can be made by any governmental entity, informally, without a court order. - The obligation is to retain, for 90 days, renewable once for a further 90. - Nothing is disclosed. Disclosure requires a subpoena, a court order, or a warrant, arriving separately. ### Why it matters that preservation is not disclosure Preservation requestEmergency disclosure request What it compels Retention of records Nothing; it is voluntary Is data handed over No Yes, if the company agrees Judicial review None required None Risk if wrongly honoured Low; data is only held High; data leaves the company Appropriate response to an unverified urgent request Often yes Only after verification That last row is the practically useful one. When an urgent request arrives and the requester cannot be verified quickly, preserving the data is very often the correct answer. It protects the evidence against deletion, costs the investigation nothing, and discloses nothing to someone who may not be who they claim. A company that reflexively treats preservation as the safe interim step removes most of the pressure that makes fraudulent emergency requests work. ### What it means for a company receiving one - Classify it correctly at intake. A preservation request routed as a disclosure request wastes review effort and risks over-disclosure. - Actually preserve. The obligation is real, and ordinary automated deletion will breach it unless a hold is applied. - Track the expiry. Preservation obligations lapse. Holding data indefinitely because nobody closed the ticket is its own compliance problem, particularly under data minimisation obligations. - Expect follow-on process. A preservation request usually means a subpoena, order, or warrant is being prepared. ### Preservation and legal hold The two are cousins but not the same. A legal hold is an internal obligation that arises when litigation is reasonably anticipated, and it is imposed by the company on itself. A preservation request is external, arrives from a government agency, and covers records identified by that agency. They can and often do overlap on the same data, and both suspend ordinary deletion. FAQ ### Frequently asked questions Does a preservation request mean handing over data? No, and this is the most important thing about it. A preservation request compels retention only. The company freezes a copy of the specified records so they survive normal deletion cycles, and discloses nothing until separate legal process arrives. Confusing preservation with disclosure is a common and costly intake error. How long does a preservation obligation last? Under 18 U.S.C. § 2703(f) records must be retained for 90 days, and the government may renew for one additional 90-day period. If no legal process arrives by the time the obligation expires, the data returns to the company’s ordinary retention policy. Can a company notify a user about a preservation request? Section 2703(f) does not itself prohibit notice, unlike a non-disclosure order. Whether to notify is generally a policy decision, though a preservation request is frequently a signal that compulsory process and an accompanying gag order are coming. Glossary ### Related terms #### Legal Hold A legal hold is an internal instruction suspending the routine deletion of records that may be relevant to anticipated or pending litigation or investigation. Unlike a preservation request, it is imposed by an organisation on itself, and the duty to issue one arises as soon as litigation is reasonably foreseeable. #### Emergency Disclosure Request (EDR) An emergency disclosure request asks a company to voluntarily hand over user data without legal process, on the basis that someone faces an immediate risk of death or serious injury. It is not compulsory and no judge reviews it, which makes it both genuinely useful and the most abused request type companies receive. #### Subpoena A subpoena is a legal order compelling a person or company to produce documents or testimony. In data request work it is the lowest-threshold instrument: it does not require a judge’s prior approval and generally reaches basic subscriber information rather than the contents of communications. Preservation deadlines are easy to lose track of. See how Kodex tracks request lifecycles. Learn more