Law Enforcement and Third-Party Requests for Vehicle Location and Historical Records
Sirius XM Connected Vehicle Services Inc. (“SXMCV”) provides telematics services to automotive manufacturers including the delivery of safety, security, and convenience services to the subscribers of connected vehicle services on behalf of itself and its automotive manufacturer customers.
In performing its services, SXMCV is bound by certain contractual obligations to automobile manufacturers as well as consumers. SXMCV is also mindful of the evolving civil and privacy concerns and policies, especially regarding real time geolocation information.
In preparing these policies and practices, SXMCV aligns with the commitments made by approximately 20 automobile manufacturers, through the Alliance for Automotive Innovation, to a set of Consumer Privacy Protection Principles (https://www.autosinnovate.org/privacy) to ensure consumer privacy concerns are addressed. These policies and practices are also aligned with privacy laws (such as California’s Privacy Rights Act – CPRA) and, as such, are subject to change at any time as these laws evolve in various jurisdictions.
SXMCV’s policies and practices are designed to ensure transparency and effective notice and context-specific consent, particularly regarding real-time geolocation information. Accordingly, law enforcement requests for stolen vehicle location must: (i) include clear consent from a subscriber (subject to reasonable verification by SXMCV); (ii) be made under the authority of a valid court order, search warrant or subpoena, as applicable; or (iii) meet the limited criteria for an Exigent Circumstance.
Subscriber Stolen Vehicle Location Requests
Where an enrolled vehicle is equipped with a telematics device and connected to a cellular network, SXMCV provides stolen vehicle location services to active, enrolled subscribers of a connected vehicle services program made available by SXMCV (each, a “Subscriber”).
Upon a Subscriber’s account verification and after a stolen vehicle police report has been filed and verified as active with a law enforcement authority, a Subscriber may request that SXMCV activate the stolen vehicle location service. This service supports law enforcement recovery efforts for that stolen, telematics-enabled vehicle by providing that location information to law enforcement agencies. A Subscriber may also request, after a missing person police report has been filed and verified as active with a law enforcement authority, that SXMCV initiate the stolen vehicle location service in the circumstance where a missing or endangered person is in Subscriber’s vehicle. Upon the initiation of the stolen vehicle location service under either circumstance, vehicle information will be provided only to relevant law enforcement agencies and not the Subscriber.
Alternatively, after a Subscriber files a stolen vehicle police report, a Subscriber may authorize and request a law enforcement officer authorized to investigate the Subscriber’s stolen vehicle to request the initiation of the stolen vehicle location services on the Subscriber’s behalf. To do so, the Subscriber and the law enforcement officer should contact SXMCV together at the following number: 833-616-7520. Following such request from a law enforcement officer on a Subscriber’s behalf, SXMCV will attempt to contact the Subscriber to notify the Subscriber that the stolen vehicle location service for the subscribed vehicle has been initiated at the Subscriber’s request by a law enforcement officer.
Law Enforcement and Third-Party Requests to Locate a Vehicle Without Subscriber Consent
Where the initiation of stolen vehicle location service for a SXMCV serviceable vehicle is requested by a third party other than the vehicle owner and without the owner’s validated consent, or by the Subscriber or any other party for purposes unrelated to recovery of a stolen vehicle, a valid court order or search warrant demonstrating probable cause (“Judicial Document”) together with its completed and attached supplemental exhibit for stolen vehicle location, the form of which is found here (the “Judicial SVL Exhibit”). The Judicial Document and the Judicial SVL Exhibit are both required and must be delivered to SXMCV at thirdpartyrequests@siriusxm.com.
To the extent that a law enforcement agency or other governmental entity requests or orders the non-disclosure of the contents or existence of the Judicial Document, please note that telematics-based stolen vehicle location services are not designed to be implemented in a manner to preclude detection by a Subscriber or vehicle occupant. As such, it is impossible to guarantee that a Subscriber or vehicle occupant will not become aware that stolen vehicle location services have been activated. Additionally, SXMCV makes no representation of control over the underlying wireless carrier providing connectivity to vehicles receiving connected vehicle services from SXMCV and any Judicial Document ordering non-disclosure of a Judicial Document by such wireless carrier must be directed to and served upon that wireless carrier.
Law Enforcement Requests Due to Exigent Circumstances
An “Exigent Circumstance” is an emergency in which bypassing ordinary search warrant procedures is necessary because of an imminent threat of serious bodily harm or death to an individual (such as an AMBER Alert). If the Subscriber is unable to give consent to the sharing of stolen vehicle location information with law enforcement that requires disclosure of information without delay due to Exigent Circumstances, it is incumbent upon requesting law enforcement authority to provide SXMCV with information sufficient to form a good faith belief that disclosure is necessary without the need for a court order. To do so, the form linked here must be completed and returned to SXMCV for review.
Prevention of damage to or recovery of property or speculation that the vehicle may be used in future violent crimes is not considered an exigent circumstance. For example, an Exigent Circumstance may not be present in the case of a carjacking where a vehicle has been taken from a Subscriber by force or threat of force, but the assailant then flees with the vehicle.
Third-Party Requests for Historical Subscriber Records
For third party requests for Subscriber information and records (such as account information or past vehicle locations) to the extent that they exist and were created prior to the time of the request, a legally valid subpoena or request specifically identifying the information requested and citing to the specific legal authority for that request is required and legal service of that request must be made at the following address:
Sirius XM Connected Vehicle Services Inc.
c/o CT Corporation System
1999 Bryan Street, Suite 900
Dallas, TX 75201