[DEFEATED] Protecting Personal Privacy

[Marxist Germany]

OOC:Fixed

OOC: Eh, I don't think so. In my opinion you should still specify at least a general guideline as to what constitutes adolescence, like you had before, but state that the precise age boundary is to be set by the government. The way you have it now, you could have an 'adolescent' being defined as a cupcake. Don't know why that would be desirable, but you get my point, I hope.

OOC:Hopefully it's better now.

So not sure about this, but would an organisation that children facing abuse can reach out to be covered by this? Because, in effect, the way I read it at the moment those kind of organisations wouldn’t be able to keep data from anyone reaching out until there’s criminal proceedings/search warrants.

OOC:See the exceptions in clause 2a.

[Battlion]

Going off that, who determines what is in the child's best interest? Couldn't an organisation determine that and thus leave it open?

[Marxist Germany]

Going off that, who determines what is in the child's best interest? Couldn't an organisation determine that and thus leave it open?

OOC:They are expected to follow resolutions in Good faith.

[Battlion]

Going off that, who determines what is in the child's best interest? Couldn't an organisation determine that and thus leave it open?

OOC:They are expected to follow resolutions in Good faith.

OOC: I thought that applied to players?

I don’t know, I’d consider including “as determined by national governments” at the end.

[Marxist Germany]

OOC:They are expected to follow resolutions in Good faith.

OOC: I thought that applied to players?

I don’t know, I’d consider including “as determined by national governments” at the end.

OOC:Yeah, that should fix any ambiguities.

[Kenmoria]

“What is ‘a transitional period’, in the definition of adolescence? I’m guessing you are referring to puberty or an equivalent, but you could just as easily be describing the transition to primary school, or from crawling to walking.”

[Maowi]

“What is ‘a transitional period’, in the definition of adolescence? I’m guessing you are referring to puberty or an equivalent, but you could just as easily be describing the transition to primary school, or from crawling to walking.”

'... or something completely unrelated to age, such as transitioning to a different gender.'

[Marxist Germany]

"I hope the updated definition has made it more clear."

[Kenmoria]

“The fact that you use the world ‘guardian’ in your definition of ‘guardian’ is, although not necessarily incorrect, rather irritating. Your definition of adolescence, having been changed, I now find much improved. What little ambiguity remains can’t really be stamped out, and good-faith compliance is useful.”

[Marxist Germany]

OOC:Bumping this for more feedback

[Araraukar]

[Defines] A "Business" as any group that trades goods or services and is aimed at achieving a profit;

"So a single individual running a business can do whatever they like with personal data. I'm sure that won't get abused in any way..."

[Marxist Germany]

[Defines] A "Business" as any group that trades goods or services and is aimed at achieving a profit;

"So a single individual running a business can do whatever they like with personal data. I'm sure that won't get abused in any way..."

"We've fixed this, ambassador."

[Araraukar]

"So a single individual running a business can do whatever they like with personal data. I'm sure that won't get abused in any way..."

"We've fixed this, ambassador."

"The question that remains, is why nonprofit organizations and private citizens not looking to make a profit are excempt of this? Someone could be collecting personal information about people via spy programs or such, in order to target them criminally - not to profit from the crime, but to, for example, sexually assault them."

[Kenmoria]

"We've fixed this, ambassador."

"The question that remains, is why nonprofit organizations and private citizens not looking to make a profit are excempt of this? Someone could be collecting personal information about people via spy programs or such, in order to target them criminally - not to profit from the crime, but to, for example, sexually assault them."

“This was asked earlier, and the authoring delegation responded with concerns of micromanagement.”

"I have decided against adding other organisations as this would be too overreaching and micromanaging."

[Araraukar]

"The question that remains, is why nonprofit organizations and private citizens not looking to make a profit are excempt of this? Someone could be collecting personal information about people via spy programs or such, in order to target them criminally - not to profit from the crime, but to, for example, sexually assault them."

“This was asked earlier, and the authoring delegation responded with concerns of micromanagement.”

"I have decided against adding other organisations as this would be too overreaching and micromanaging."

"Which would be a reasonable reply if the proposal was in its entirety anything but micromanagement...

[Marxist Germany]

OOC:One final bump for any concerns regarding this proposal, otherwise, I will be submitting In 2 weeks.

Edit:I am going to try to tweak the definition of a business to include non profits.

[Separatist Peoples]

"Along with creating a private right of action, you might consider obligating states establish statutory damages as a remedy, so that nations cannot award only nominal damages that do not dissuade businesses from unlawful behavior."

[Aclion]

"Along with creating a private right of action, you might consider obligating states establish statutory damages as a remedy, so that nations cannot award only nominal damages that do not dissuade businesses from unlawful behavior."

"Nations that are inclined to award insufficient damages aren't likely to legislate damages that prevent them from doing so. The mandate would need to require the damages be enough to be dissuasive"

[Separatist Peoples]

"Along with creating a private right of action, you might consider obligating states establish statutory damages as a remedy, so that nations cannot award only nominal damages that do not dissuade businesses from unlawful behavior."

"Nations that are inclined to award insufficient damages aren't likely to legislate damages that prevent them from doing so. The mandate would need to require the damages be enough to be dissuasive"

"Of course. That is standard operating procedure in drafting dissuasive penalties in the GA."

[Uan aa Boa]

Edit:I am going to try to tweak the definition of a business to include non profits.

Your current definition is as a group that trades goods or services, albeit not necessarily for a profit. This still excludes most non-profit organisations, religious groups, political parties etc etc. Essentially you need to ask yourself if you're happy allowing the KKK to build a database of black peoples' names and addresses simply because they don't trade goods or services.

[Marxist Germany]

Edit:I am going to try to tweak the definition of a business to include non profits.

Your current definition is as a group that trades goods or services, albeit not necessarily for a profit. This still excludes most non-profit organisations, religious groups, political parties etc etc. Essentially you need to ask yourself if you're happy allowing the KKK to build a database of black peoples' names and addresses simply because they don't trade goods or services.

OOC:Do you have any suggestions?

"Along with creating a private right of action, you might consider obligating states establish statutory damages as a remedy, so that nations cannot award only nominal damages that do not dissuade businesses from unlawful behavior."

"Thank you for bringing that to my attention, it will be added in soon."

[Uan aa Boa]

OOC:Do you have any suggestions?

Strike all references to business and replace with something that applies to every organisation that controls the processing of personal data. "Data controller" is the term that EU legislation uses.

This would also remove the need for the workaround you currently have on viewing data from secondary sources.

[Maowi]

Your current definition is as a group that trades goods or services, albeit not necessarily for a profit. This still excludes most non-profit organisations, religious groups, political parties etc etc. Essentially you need to ask yourself if you're happy allowing the KKK to build a database of black peoples' names and addresses simply because they don't trade goods or services.

OOC:Do you have any suggestions?

OOC: I think you need to make a decision here. If you decide to leave the definition as only applying to groups trading goods/services, it doesn't change anything regarding "most non-profit organisations, religious groups political parties etc etc". Personally I think it's fine for you to leave it like this if you want to, because that doesn't prevent governments legislating on the matter internally, or somebody else writing a proposal about it. Alternatively, you could expand this to follow Uan aa Boa's suggestion.

[Separatist Peoples]

"Further issue.

2.e - Governments of member states from viewing the data of a user without the explicit prior consent from both the business holding the data and the user to which the data belongs, except when the information is needed for a criminal investigation or court case, or when a search warrant has been issued;

You can probably nix the struck-through text and instead create a requirement that governments may review data pursuant to a subpoena for civil discovery to which the data is not a party or subject to issuance of a warrant for criminal proceedings.

"This allows governments to subpoena data as part of an enforcement issue against a business without violating any privacy interests in civil matters, and doesn't interfere with warrant requirements or later legislation on that topic."

[Marxist Germany]

OOC:Do you have any suggestions?

OOC: I think you need to make a decision here. If you decide to leave the definition as only applying to groups trading goods/services, it doesn't change anything regarding "most non-profit organisations, religious groups political parties etc etc". Personally I think it's fine for you to leave it like this if you want to, because that doesn't prevent governments legislating on the matter internally, or somebody else writing a proposal about it. Alternatively, you could expand this to follow Uan aa Boa's suggestion.

OOC:Do you have any suggestions?

Strike all references to business and replace with something that applies to every organisation that controls the processing of personal data. "Data controller" is the term that EU legislation uses.

This would also remove the need for the workaround you currently have on viewing data from secondary sources.

OOC:Yeah thanks, I'll change it to data controller as Uan aa Boa suggested.

"Further issue.

2.e - Governments of member states from viewing the data of a user without the explicit prior consent from both the business holding the data and the user to which the data belongs, except when the information is needed for a criminal investigation or court case, or when a search warrant has been issued;

You can probably nix the struck-through text and instead create a requirement that governments may review data pursuant to a subpoena for civil discovery to which the data is not a party or subject to issuance of a warrant for criminal proceedings.

"This allows governments to subpoena data as part of an enforcement issue against a business without violating any privacy interests in civil matters, and doesn't interfere with warrant requirements or later legislation on that topic."

"This has been noted and the proposal will be changed accordingly.