Protecting Personal Privacy
Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany
The World Assembly,
Disgusted by the lack of legislation regarding the ability of organisations to collect data from their customers without consent;
Discerning every individual's right to privacy;
Deducing that collecting data without consent is violation of the right to privacy;
Describing that most minors are not fully mentally mature and are not capable of comprehending the risks of the decisions they're making on their own without the help of their guardian(s);
Hereby,
- Defines the following for the purpose of this resolution:
- An "organisation" as any entity that collects data from its members or users, and isn't directly run by a government;
- A "minor" as any sapient being under the age of majority;
- An "adolescent" as any minor going through a transitional period into adulthood as defined by a government of a member-state;
- A "guardian" as any legal guardian of a minor, or if none exists, a biological parent;
- "Personal Data" as any data that can be used to identify a sapient individual;
- A "user" as any sapient being who uses or has used the services of, or is a member of, an organisation;
- Denies:
- Organisations from storing the personal data of any non adolescent minor without the explicit consent of their guardian except when the guardian cannot be contacted or it is not in the best interests of the minor to do so, as determined by national governments;
- Organisations from collecting data from any user, or non-user, without their explicit consent except for crime prevention;
- Organisations from using personal data collected from any individual to intentionally and maliciously cause harm or severe distress to the individual the data belongs to;
- Governments of member states from viewing the data of a user without the explicit prior consent from both the organisation in possession of the data and the user to which the data belongs unless:
- The data is subject to a subpoena for litigation discovery to which the user is not a party;
- The data is subject to a valid warrant during criminal investigation, or;
- The user places the data's contents or subject matter at issue as a party in a civil dispute;
- Demands that:
- Organisations provide information on how they will use a user's data to the user explicitly when they interact with the organisation for this first time or when a major change to the data collection policy has been made;
- Organisations enable users, and non-users, to view the data that the organisation holds on them unless the release of data would compromise the well-being of the individual or others;
- Personal data processed for any purpose is not kept for longer than is necessary for that purpose unless the user, or non-user, consents to that explicitly and clearly;
- Organisations allow users, and non-users to request the removal of their personal data, and act upon these requests unless there is a clear and compelling safety or disciplinary reason to do otherwise such as loans or criminal records;
- Declares that an organisation can prohibit a person from using the services of, or joining the organisation if the user does not consent to the data collection policy of the organisation;
- Dictates that member states:
- Make a private right of action against organisations that do not follow the provisions established in this resolution;
- Establish statutory damages as remedies if the damages are enough to be dissuasive.
Co-authored with Kenmoria
