[PASSED] Protecting Personal Data

[Marxist Germany]

"Why have you barred courts from assessing damages against businesses that abuse consumers under this proposal?"

"How did I do that Mr Secretary"

[Separatist Peoples]

"Why have you barred courts from assessing damages against businesses that abuse consumers under this proposal?"

"How did I do that Mr Secretary"

"I'm not a secretary, I'm an ambassador. Clause 4:

Grants any person the right to press charges against a business/government that doesn't follow the boundaries established in this resolution in an appropriate domestic court and to receive appropriate equitable relief from that tribunal;

"Equitable remedies do not include damages. They are extraordinary remedies suited for extraordinary circumstances, and never have ever included damages. By listing one remedy, you preclude ththe other under the interpretive canon of exclusio unius est inclusio alterius. So, why have you done that?"

[Marxist Germany]

"How did I do that Mr Secretary"

"I'm not a secretary, I'm an ambassador. Clause 4:

Grants any person the right to press charges against a business/government that doesn't follow the boundaries established in this resolution in an appropriate domestic court and to receive appropriate equitable relief from that tribunal;

"Equitable remedies do not include damages. They are extraordinary remedies suited for extraordinary circumstances, and never have ever included damages. By listing one remedy, you preclude ththe other under the interpretive canon of exclusio unius est inclusio alterius. So, why have you done that?"

"That was unintended Mr Ambassador"

[Marxist Germany]

"Is the solution to simply remove equitable relief?"

[Separatist Peoples]

"I'm not a secretary, I'm an ambassador. Clause 4:

Grants any person the right to press charges against a business/government that doesn't follow the boundaries established in this resolution in an appropriate domestic court and to receive appropriate equitable relief from that tribunal;

et

"Equitable remedies do not include damages. They are extraordinary remedies suited for extraordinary circumstances, and never have ever included damages. By listing one remedy, you preclude ththe other under the interpretive canon of exclusio unius est inclusio alterius. So, why have you done that?"

"That was unintended Mr Ambassador"

"Oh, good. For a moment, I thought it was your intention to undermine national remedial theories in nations, ambassador. That it was entirely unintentional brings me great relief."

"Is the solution to simply remove equitable relief?"

"Ideally, the solution is to consider what relief you wish to empower courts to hand down, and include them. I'd say the particulars are also up to you.

"Also, pressing charges implies a criminal action. Which does not include remedies, merely incarceration or punitive fines. Did you intend to remove such cases from the realm of civil law and empower solely the state to prosecute those cases?"

[Marxist Germany]

"That was unintended Mr Ambassador"

"Oh, good. For a moment, I thought it was your intention to undermine national remedial theories in nations, ambassador. That it was entirely unintentional brings me great relief."

"Is the solution to simply remove equitable relief?"

"Ideally, the solution is to consider what relief you wish to empower courts to hand down, and include them. I'd say the particulars are also up to you.

"Also, pressing charges implies a criminal action. Which does not include remedies, merely incarceration or punitive fines. Did you intend to remove such cases from the realm of civil law and empower solely the state to prosecute those cases?"

"No Mr Ambassador, I'll change it to sue which should hopefully satisfy your needs, or just Holds businesses liable to trial if they violate the boundaries established within this resolution"

[Separatist Peoples]

"Oh, good. For a moment, I thought it was your intention to undermine national remedial theories in nations, ambassador. That it was entirely unintentional brings me great relief."



"Ideally, the solution is to consider what relief you wish to empower courts to hand down, and include them. I'd say the particulars are also up to you.

"Also, pressing charges implies a criminal action. Which does not include remedies, merely incarceration or punitive fines. Did you intend to remove such cases from the realm of civil law and empower solely the state to prosecute those cases?"

"No Mr Ambassador, I'll change it to sue which should hopefully satisfy your needs, or just Holds businesses liable to trial if they violate the boundaries established within this resolution"

"I dont think "liable to trial" means...well, anything, ambassador. You want to create a right of private action. That said, you dont need to. The Administrative Compliance Act grants all individuals a right to a remedy for rights created implicitly or explicitly by WA resolution."

[Marxist Germany]

"No Mr Ambassador, I'll change it to sue which should hopefully satisfy your needs, or just Holds businesses liable to trial if they violate the boundaries established within this resolution"

"I dont think "liable to trial" means...well, anything, ambassador. You want to create a right of private action. That said, you dont need to. The Administrative Compliance Act grants all individuals a right to a remedy for rights created implicitly or explicitly by WA resolution."

"So i could simply remove that clause and leave it to that resolution, Ambassador?"

[Kurmedistan]

We like the draft as is, although we do worry about the potential for loopholes and workarounds. There should be a clear set of guidelines regarding the language used to indicate both data collection and the opt-out process. The opt-out process should also have reasonable rules in place, a certain time line for companies to get into compliance or provide records, for example.

There are a lot of technical aspects that will probably need to be sorted out, both on an individual nation scale and globally.

"We would love to know the exact technical aspects that should be sorted out"

OOC: This is a complex issue indeed, and I'm guessing you're basing this on current EU protections. A good article on it is located at https://www.troyhunt.com/these-cookie-w ... t-to-stop/ . Basically, the language should present users clear, valid information in a form that is easy to process, and the opt-out process should be transparent as well. I can see some companies making the process complex, such as needing a signed form of 50 papers mailed to them at a hard to find physical location... for each entry. There should be language in the bill attempting or recommending the streamlining of the process. Clear, effective communication.

Honestly, given the global nature of the internet and the effects per nation, we should probably have a few more resolutions regarding the safekeeping of information, suggestions to keep it accessible to a range of people... at least for matters that concern the global populace.

[Marxist Germany]

"We would love to know the exact technical aspects that should be sorted out"

OOC: This is a complex issue indeed, and I'm guessing you're basing this on current EU protections. A good article on it is located at https://www.troyhunt.com/these-cookie-w ... t-to-stop/ . Basically, the language should present users clear, valid information in a form that is easy to process, and the opt-out process should be transparent as well. I can see some companies making the process complex, such as needing a signed form of 50 papers mailed to them at a hard to find physical location... for each entry. There should be language in the bill attempting or recommending the streamlining of the process. Clear, effective communication.

Honestly, given the global nature of the internet and the effects per nation, we should probably have a few more resolutions regarding the safekeeping of information, suggestions to keep it accessible to a range of people... at least for matters that concern the global populace.

OOC: That is a good faith argument

[Separatist Peoples]

"I dont think "liable to trial" means...well, anything, ambassador. You want to create a right of private action. That said, you dont need to. The Administrative Compliance Act grants all individuals a right to a remedy for rights created implicitly or explicitly by WA resolution."

"So i could simply remove that clause and leave it to that resolution, Ambassador?"

"I think you would be better served requiring member states make a private right of action against businesses that illegally collect or use personal data and leave it at that. Since it is ambiguous if the ACA creates a cause of action against private entities. My instinct says no, so on reflection, err on that limited inclusion."

[Marxist Germany]

"So i could simply remove that clause and leave it to that resolution, Ambassador?"

"I think you would be better served requiring member states make a private right of action against businesses that illegally collect or use personal data and leave it at that. Since it is ambiguous if the ACA creates a cause of action against private entities. My instinct says no, so on reflection, err on that limited inclusion."

" I did that Mr Ambassador"

[Imperium Anglorum]

"Also, pressing charges implies a criminal action. Which does not include remedies, merely incarceration or punitive fines. Did you intend to remove such cases from the realm of civil law and empower solely the state to prosecute those cases?"

ELSIE: Of course, I'll note on the side that the last part of that assessment is not necessarily the case. We, and many other jurisdictions, still have private prosecutions brought for criminal matters.

[Kenmoria]

"We would love to know the exact technical aspects that should be sorted out"

OOC: This is a complex issue indeed, and I'm guessing you're basing this on current EU protections. A good article on it is located at https://www.troyhunt.com/these-cookie-w ... t-to-stop/ . Basically, the language should present users clear, valid information in a form that is easy to process, and the opt-out process should be transparent as well. I can see some companies making the process complex, such as needing a signed form of 50 papers mailed to them at a hard to find physical location... for each entry. There should be language in the bill attempting or recommending the streamlining of the process. Clear, effective communication.

Honestly, given the global nature of the internet and the effects per nation, we should probably have a few more resolutions regarding the safekeeping of information, suggestions to keep it accessible to a range of people... at least for matters that concern the global populace.

(OOC: Although that does make sense, it is no less ambiguous than the current wording. Requiring something to be a clear process leaves ambiguity on what ‘clear’ means. Needing an easy and simple wording leaves ambiguity as to what covers ‘easy and simple’. It is much easier to rely on member nations to enforce good-faith interpretations of law.)

[Marxist Germany]

"This has been submitted"

[Newciv]

(OOC: It looks as though this won't get nearly enough approvals to go to a vote. Are the regional representatives largely inactive, or is there just not a lot of support for this proposal? It seems like it is a perfectly reasonable proposal to be put to vote.)

[Marxist Germany]

(OOC: It looks as though this won't get nearly enough approvals to go to a vote. Are the regional representatives largely inactive, or is there just not a lot of support for this proposal? It seems like it is a perfectly reasonable proposal to be put to vote.)

OOC:It's very likely because it was submitted at the end of a weekend, i might have to use a telegram API to spread the news of this

[Marxist Germany]

OOC: This might not reach quorum, so I'm accepting feedback for a redraft now

[Hatzisland]

OOC: This might not reach quorum, so I'm accepting feedback for a redraft now

Well, your proposal was crowded with about 5 blatantly illegal proposals, so that probably contributed. Minor edits may be in order, but keep fighting for this.

[Marxist Germany]

OOC: This might not reach quorum, so I'm accepting feedback for a redraft now

Well, your proposal was crowded with about 5 blatantly illegal proposals, so that probably contributed. Minor edits may be in order, but keep fighting for this.

OOC: Trying my best to get this to quorum, even did a manual WA campaign to like 20 delegates. Can't afford to spend $1.25 like Joco

[Hatzisland]

Well, your proposal was crowded with about 5 blatantly illegal proposals, so that probably contributed. Minor edits may be in order, but keep fighting for this.

OOC: Trying my best to get this to quorum, even did a manual WA campaign to like 20 delegates. Can't afford to spend $1.25 like Joco

OOC: Well, neither can I.

[The Canadian Republic Colonies]

In full support minus one issue. Under the section about a minor Guardianship does not necessarily include adopted parents. The term "biological parents" can be exclusive of members of society with adopted parents or same sex parents. The ambiguity of this should be replaced with something along the lines of "biological parents or other legally designated parents" or another way of putting it, "biological or adoptive parents" .

This is in relation to a term known as PAL or Positive Adoption Language in law.

[Wallenburg]

In full support minus one issue. Under the section about a minor Guardianship does not necessarily include adopted parents. The term "biological parents" can be exclusive of members of society with adopted parents or same sex parents. The ambiguity of this should be replaced with something along the lines of "biological parents or other legally designated parents" or another way of putting it, "biological or adoptive parents" .

This is in relation to a term known as PAL or Positive Adoption Language in law.

Adoptive parents, as I understand it, qualify as legal guardians.

EDIT: Nope, I was wrong. This indeed should be edited.

[Alyrria]

With the addition of Positive Adoption Language, Alyrria is in full support.

[New Zacharianasville]

You have my vote to bring it to the assembly floor.