NationStates

Right to Privacy


Category: Human Rights
Strength: Strong?
Proposed By: Greenlandic People

Description:

The World Assembly,

BELIEVING that privacy and the right to withhold secrets and information is an inelliable right endowed to all human beings

ASSERTING that privacy is a right that must be defended from those who would violate it

CONCERNED that there are countries and organizations which refuse to respect the peoples basic right to privacy

CONVINCED that such violations of this basic right endanger both democracy and freedom in equal measure

Hereby:

1. DEFINES 'privacy' as the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

2. ESTABLISHES that there are several different types of privacy, including:
(A) Physical Privacy: the right to prevent intrusions into ones property and personal articles
(B) Informational Privacy: the right to withhold information about oneself, including a persons race, sex, religious and sexual orientation, etc.
(C) Organizational Privacy: the right of governments or other organizations to withhold information regarding their activities and dealings in relation to other organizations and individuals

3. FORBIDS trespassing within the property of another person without the consent of that person unless authorized by the clauses contained in Section 5

4. OUTLAWS the use of espionage or covert surveillance programs performed without the knowledge of the citizens with the intent of monitoring citizens or acquiring their personal information unless authorized by law; also outlaws invasive searching of citizens without reasonable cause for suspicion.

5. CONDONES limited infringements of personal privacy in the interest of serving the law under the following circumstances:
(A)The detective(s) researching the case has filed to the appropriate authorities for a warrant permitting him the right to violate the liberties in question
(B)The official appointed to acquire the information is limited to investigate only within areas and topics which are likely to contain the necessary evidence
(C)The persons(s) related to the acts are given the right to object, with the legality of the objection to be subject to the decision of a qualified judge

6. URGES that member states implement programs to protect the right to privacy of persons who have been involved in high-profile crimes

7. SUGGESTS that member states include lessons on the important of privacy in the curriculum of their schools

8. ALLOWS member states to pass laws demanding that corporations or other business organizations reveal information related to financial performance and formal transactions in the interest of transparency and free competition

4. OUTLAWS the use of espionage or other surveillance programs, either covert or blatant, with the intent of monitoring citizens or acquiring their personal information

5. CONDONES limited infringements of personal privacy in the interest of performing a fair and equitable trial of law under the following circumstances:
(A)The judge has ruled that there is reasonable cause to believe that the acts can help to solve the case in question
(B)The person(s) to whom the acts are related is warned at least twenty-four hours in advance in advance that the acts are to be performed
(C)The persons(s) related to the acts are given the right to object to their performance with the legality of the objection to be subject to the decision of the presiding judge

So, basically, police cannot go on drug raids without giving the party twenty four hours to clean up their act and hide their stash elsewhere? Sorry, not going to fly with us. We will not be giving any suspected criminal twenty four hours to hide any evidence we hope to gain by infringing their personal privacy.

Right to Privacy


Category: Human Rights
Strength: Strong?
Proposed By: Greenlandic People

Description:

The World Assembly,

BELIEVING that privacy and the right to withhold secrets and information is an inelliable right endowed to all human beings

ASSERTING that privacy is a right that must be defended from those who would violate it

CONCERNED that there are countries and organizations which refuse to respect the peoples basic right to privacy

CONVINCED that such violations of this basic right endanger both democracy and freedom in equal measure

Hereby:

1. DEFINES 'privacy' as the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

2. ESTABLISHES that there are several different types of privacy, including:
(A) Physical Privacy: the right to prevent intrusions into ones personal space, including property and personal articles
(B) Informational Privacy: the right to withhold information and data about oneself, including a persons race, sex, religious and sexual orientation, finances, medical records, and political views
(C) Organizational Privacy: the right of governments or other organizations to withhold information regarding their activities and dealings in relation to other organizations and individuals

3. FORBIDS trespassing within the personal space or property of another person without the explicit consent of that person unless authorized by the clauses contained in Section 5

4. OUTLAWS the use of espionage or covert surveillance programs performed without the knowledge of the citizens with the intent of monitoring citizens or acquiring their personal information

5. CONDONES limited infringements of personal privacy in the interest of performing a fair and equitable trial of law under the following circumstances:
(A)The judge has ruled that there is reasonable cause to believe that the acts can help to solve the case in question
(B)The official appointed to acquire the information is limited to investigate only within areas and topics which are likely to contain the necessary evidence
(C)The persons(s) related to the acts are given the right to object to their performance with the legality of the objection to be subject to the decision of the presiding judge

6. URGES that member states implement programs to protect the right to privacy of persons who have been involved in high-profile crimes

7. SUGGESTS that member states include lessons on the important of privacy in the curriculum of their schools

8. BESEECHES member states to punish violators of privacy to the fullest extent of the law

9. MANDATES that citizens have the right to view their personal information about them collected by the government upon request

10. ALLOWS member states to demand that corporations or other business organizations reveal information related to financial performance and transactions in the interest of transparency and free competition

Greenlandic People wrote:3. FORBIDS trespassing within the personal space or property of another person without the explicit consent of that person unless authorized by the clauses contained in Section 5

Doctor Cyclops wrote:

Greenlandic People wrote:3. FORBIDS trespassing within the personal space or property of another person without the explicit consent of that person unless authorized by the clauses contained in Section 5

Define "personal space."

4. OUTLAWS the use of espionage or covert surveillance programs performed without the knowledge of the citizens with the intent of monitoring citizens or acquiring their personal information

proposal wrote:5. CONDONES limited infringements of personal privacy in the interest of performing a fair and equitable trial of law under the following circumstances:
(A)The judge has ruled that there is reasonable cause to believe that the acts can help to solve the case in question
(B)The official appointed to acquire the information is limited to investigate only within areas and topics which are likely to contain the necessary evidence
(C)The persons(s) related to the acts are given the right to object to their performance with the legality of the objection to be subject to the decision of the presiding judge

proposal wrote:4. OUTLAWS the use of espionage or covert surveillance programs performed without the knowledge of the citizens with the intent of monitoring citizens or acquiring their personal information

proposal wrote:(C) Organizational Privacy: the right of governments or other organizations to withhold information regarding their activities and dealings in relation to other organizations and individuals

Absolvability wrote:Rather than going through and adding little sentence fragments I believe this proposal is in severe need of some exceptions to the rules. The matter of police investigations is not a light one, nor one that can be explained so shortly. Or security cameras. Or a number of other things that, while being invasive, serve a perfectly practical purpose.

proposal wrote:5. CONDONES limited infringements of personal privacy in the interest of performing a fair and equitable trial of law under the following circumstances:
(A)The judge has ruled that there is reasonable cause to believe that the acts can help to solve the case in question
(B)The official appointed to acquire the information is limited to investigate only within areas and topics which are likely to contain the necessary evidence
(C)The persons(s) related to the acts are given the right to object to their performance with the legality of the objection to be subject to the decision of the presiding judge

Frankly, this just doesn't cut the mustard for me. For starters... why should a judge rule on what is or isn't reasonable cause to invade a suspected criminal's privacy? I'd think that a certain amoun of condemning evidence would need to be gathered before the case was ever presented to a judge.

I think it would be better to outline some due process for obtaining a 'search warrant,' and leave it in the hands of the police.

proposal wrote:4. OUTLAWS the use of espionage or covert surveillance programs performed without the knowledge of the citizens with the intent of monitoring citizens or acquiring their personal information

This is where it seems we run into the problem of banks, for example, no longer being able to adequately provide for their own security. And again, we're severely limiting police forces.

I agree with the intent behind the resolution and I also understand that the author is limited by the number of characters he can use. Therefore, for the sake of brevity, I believe this proposal would benefit from a brief description of what are private areas and what are public areas. And, space allowing, perhaps even a list of allowed uses. Security, certainly, is worth mentioning.

Speaking bluntly, I believe that if a person is concerned with their privacy in a public area they are probably doing something that they shouldn't.

proposal wrote:(C) Organizational Privacy: the right of governments or other organizations to withhold information regarding their activities and dealings in relation to other organizations and individuals

This needs serious work, I think. We're going to let governments hide anything they want from its citizens? We're going to let banks withold information from inquiries? We're going to let businesses withhold information from stockholders? The implications of this could be catastrophic.

Of course, with all that said, I love the idea behind this. I'm definately opposed until some serious changes are made though.

Greenlandic People wrote:Governments have always had the right to hide things.

Greenlandic People wrote:Freedom of information is not what this is about.

Sanctaria wrote:

Greenlandic People wrote:Freedom of information is not what this is about.

I'm a bit confused here. How can you write a Proposal on the Right of Privacy and not have the Freedom of Information in mind?