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[PASSED] Protecting Personal Data

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Marxist Germany
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Founded: Jun 07, 2018
New York Times Democracy

[PASSED] Protecting Personal Data

Postby Marxist Germany » Sat Mar 09, 2019 10:31 am

Protecting Personal Data

Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Recognising the individuals' right to privacy;

Believing that businesses should not be able to collect data from a customer without the explicit consent of that customer as this is clearly a violation of the right to privacy;

Noting that minors are not fully mentally mature and are not capable of taking decisions on their own without the help of their guardians;

Seeking to protect customers from exploitation by businesses;


Hereby,

  1. Defines the following for the purpose of this resolution:
    1. A "Minor" as any sapient being under the age of majority;
    2. A "Guardian" as any legal guardian of a minor, or if none exist, the biological parent;
    3. "Personal Data" as any data that can be used to identify a sapient individual;
    4. A "User" as any sapient being who uses or has used the services of a business;

  2. Prohibits:
    1. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
    2. Businesses from using personal data collected from any individual to cause harm or severe distress to the individual the data belongs to;
    3. 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 that the data belongs to, except when the information is needed for a criminal investigation or trial and a search warrant has been issued;

  3. Mandates that:
    1. Businesses provide explicit information on how they will use a user's data in their terms of service;
    2. Businesses enable users to view the data that the aforementioned business holds on them unless the release of data would compromise the well-being of the user or others;
    3. Personal data processed for any purpose is not kept for longer than is necessary for that purpose unless the user consents to that explicitly and clearly;
    4. Businesses allow users to request the removal of their personal data, and act upon these requests unless there is a clear and very compelling safety or disciplinary reason to do otherwise;

  4. Requires that member states make a private right of action against businesses that don't follow the boundaries established in this resolution;

  5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Recognising the individuals' right to privacy;

Believing that businesses should not be able to collect data from a customer without the explicit consent of that customer as this is clearly a violation of the right to privacy;

Noting that minors are not fully mentally mature and are not capable of taking decisions on their own without the help of their guardians;

Seeking to protect customers from exploitation by businesses;


Hereby,

  1. Defines the following for the purpose of this resolution:
    1. A "Minor" as any sapient being under the age of majority;
    2. A "Guardian" as any legal parent of a minor, or if none, the biological parent;
    3. "Personal Data" as any data that can be used to identify a sapient;
    4. A "User" as any person who uses or had used the services of a business;

  2. Prohibits:
    1. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
    2. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
    3. Governments of member states from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial and a warrant has been issued;

  3. Mandates that:
    1. Businesses provide explicit information on how they will use a user's data in their terms of service;
    2. Businesses enable users to view the data that the said business holds on them;
    3. Personal data processed for any purpose is not kept for longer than is necessary for that purpose unless the user consents to that explicitly and clearly;
    4. Businesses allow users to request the removal of their personal data, and act upon these requests unless there is a clear and very compelling safety or disciplinary reason to do otherwise;

  4. Requires that member states make a private right of action against businesses that don't follow the boundaries established in this resolution;

  5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Recognising the individuals' right to privacy;

Believing that businesses should not be able to collect data from a customer without the explicit consent of that customer as this is clearly a violation of the right to privacy;

Noting that minors are not fully mentally mature and are not capable of taking decisions on their own without the help of their guardians;

Seeking to protect customers from exploitation by businesses;


Hereby,

  1. Defines the following for the purpose of this resolution:
    1. A "Minor" as any sapient being under the age of majority;
    2. A "Guardian" as any legal parent of a minor, or if none, the biological parent;
    3. "Personal Data" as any data that can be used to identify a sapient;
    4. A "User" as any person who uses the services of a business;

  2. Prohibits:
    1. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
    2. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
    3. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial and a warrant has been issued;

  3. Mandates that:
    1. Businesses provide explicit information on how they will use a user's data in their terms of service;
    2. Businesses enable users to view the data that the said business holds on them;
    3. Personal data processed for any purpose is not kept for longer than is necessary for that purpose unless the user consents to that;
    4. Businesses allow users to request the removal of their personal data, and act upon these requests unless there is a clear and very compelling safety or disciplinary reason to do otherwise;

  4. Requires that member states make a private right of action against businesses that don't follow the boundaries established in this resolution;

  5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Recognising the individuals' right to privacy;

Believing that businesses should not be able to collect data from a customer without the explicit consent of that customer;

Noting that minors are not fully mentally mature and are not capable of taking decisions on their own without the help of their guardians;

Seeking to protect customers from exploitation by businesses;


Hereby,

  1. Defines the following for the purpose of this resolution:
    1. A "Minor" as any sapient being under the age of majority;
    2. A "Guardian" as a legal guardian of a minor, or, if there is none, a biological parent of the minor;
    3. "Personal Data" as any data that can be used to identify a sapient;
    4. A "User" as any person who uses the services of a business;

  2. Prohibits:
    1. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
    2. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
    3. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial and a warrant has been issued;

  3. Mandates that:
    1. Businesses provide explicit information on how they will use a user's data in their terms of service;
    2. Businesses enable users to view the data that the said business holds on them;
    3. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
    4. Businesses allow users to request the removal of their personal data, and act upon these requests unless there is a clear and very compelling safety or disciplinary reason to do otherwise;

  4. Requires that member states make a private right of action against businesses that don't follow the boundaries established in this resolution;

  5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation | Area of Effect: Customer Protection | Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Recognising the individuals' right to privacy;

Believing that businesses should not be able to collect data from a customer without the explicit consent of that customer;

Noting that minors are not fully mentally mature and are not capable of taking decisions on their own without the help of their guardians;

Seeking to protect customers from exploitation by businesses;


Hereby,

  1. Defines the following for the purpose of this resolution:
    1. A "Minor" as any sapient being under the age of majority;
    2. A "Guardian" as a legal guardian of a minor, or, if there is none, a biological parent of the minor;
    3. "Personal Data" as any data that can be used to identify a sapient;
    4. A "User" as any person who uses the services of a business;

  2. Prohibits:
    1. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
    2. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
    3. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial and a warrant has been issued;

  3. Mandates that:
    1. Businesses provide explicit information on how they will use a user's data in their terms of service;
    2. Businesses enable users to view the data that the said business holds on them;
    3. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
    4. Businesses allow users to request the deletion of their data from the storage of the corporation completely and that the business must comply with the request;

  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;

  5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from a customers without the explicit consent of that customer;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a legal guardian of a minor, or, if there is none, a biological parent of the minor;
      c. "Personal Data" as any data that can be used to identify a sapient;
      d. A "User" as any person who uses the services of a business;


    2. Prohibits:
      a. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
      b. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will use a user's data in their terms of service;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. Businesses allow users to request the deletion of their data from the storage of the corporation completely and that the business must comply with the request;


    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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from a customers without the explicit consent of that customer;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a legal guardian of a minor, or, if there is none, a biological parent of the minor;
      c. "Personal Data" as any data that can be used to identify a sapient;
      d. A "User" as any person who uses the services of a business;


    2. Prohibits:
      a. Businesses from storing the personal data of any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
      b. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a criminal investigation or trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will use a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. Businesses allow users to request the deletion of their data from the storage of the corporation completely and that the business must comply with the request;


    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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Protecting Personal Data

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;
      d. A "User" as any person who uses the services of a business;


    2. Prohibits:
      a. Businesses from collecting personal data from any minor without the explicit consent of their guardian except when the business cannot identify the user's age;
      b. Businesses from using personal data collected from a user to cause harm or severe distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for an investigation or trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will use a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. Businesses allow users to request the deletion of their data from the storage of the corporation completely and that the business must comply with the request;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

On Data Protection

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;
      d. A "User" as any person who uses the services of a business;


    2. Prohibits:
      a. Businesses from collecting personal data from any minor without the explicit consent of their guardian;
      b. Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for an investigation or trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will use a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. Businesses allow users to request the deletion of their data from the storage of the corporation completely and that the business must comply with the request;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

On Data Protection

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;


    2. Prohibits:
      a. Businesses from collecting data from any minor without the explicit consent of their guardian;
      b. Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will handle a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. The data collected only used in a way that is adequate, relevant and limited to only what is necessary;
      e. Businesses allow users to delete their data from the storage of the corporation completely;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Category: Regulation
AoE: Customer Protection



The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;


    2. Prohibits:
      a. Businesses from collecting data from any minor without the explicit consent of their guardian;
      b. Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to;


    3. Mandates that:
      a. Businesses provide explicit information on how they will handle a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. The data collected only used in a way that is adequate, relevant and limited to only what is necessary;
      e. Businesses allow users to delete their data from the storage of the corporation completely;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.

Category: Regulation
AoE: Customer Protection



The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that corporations should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;


    2. Prohibits:
      a. Corporations from collecting data from any minor without the explicit consent of their guardian;
      b. Corporations from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the corporation holding the data and the user that the data belongs to;


    3. Mandates that:
      a. Corporations provide explicit information on how they will handle a person's data;
      b. Corporations enable users to view the data that the said corporation holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. The data collected only used in a way that is adequate, relevant and limited to only what is necessary;
      e. Corporations allow users to request the deletion of their data from the storage of the corporation completely.


    4. Grants any person the right to sue a corporation/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;

    5. Encourages member states to enact stricter laws to protect their citizens privacy from corporations.
Last edited by Ransium on Sun Apr 14, 2019 9:05 pm, edited 54 times in total.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

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Bears Armed
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Postby Bears Armed » Sat Mar 09, 2019 10:38 am

OOC
"corporations" =/= "businesses"
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Marxist Germany
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Postby Marxist Germany » Sat Mar 09, 2019 10:40 am

Bears Armed wrote:OOC
"corporations" =/= "businesses"

OOC:Noted.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

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Hatzisland
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Postby Hatzisland » Sat Mar 09, 2019 10:40 am

In full support. I authored a very similar proposal, called "Right To Privacy", but it failed to receive adequate support. This is a great start, and I hope this plan gets passed. HOWEVER, I have one big concern with the language of clause 3e. "e. Corporations allow users to request the deletion of their data from the storage of the corporation completely." Under the language of the plan, anyone can request the data be deleted, but companies/businesses are not required to comply. You should change the language to require compliance.
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Marxist Germany
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Postby Marxist Germany » Sat Mar 09, 2019 10:45 am

Hatzisland wrote:In full support. I authored a very similar proposal, called "Right To Privacy", but it failed to receive adequate support. This is a great start, and I hope this plan gets passed. HOWEVER, I have one big concern with the language of clause 3e. "e. Corporations allow users to request the deletion of their data from the storage of the corporation completely." Under the language of the plan, anyone can request the data be deleted, but companies/businesses are not required to comply. You should change the language to require compliance.

OOC: Noted.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

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Postby Kenmoria » Sat Mar 09, 2019 10:59 am

“2c makes no exceptions for a criminal trial with pertinent information, which I regard as a rather major flaw.”
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Hatzisland
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Postby Hatzisland » Sat Mar 09, 2019 11:00 am

Kenmoria wrote:“2c makes no exceptions for a criminal trial with pertinent information, which I regard as a rather major flaw.”


I agree. The law should clarify that the government getting a warrant in a criminal trial is excluded.
"The world dies when freedom dies"
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Dedicated to repealing GAR #286 and GAR #457, as well as fighting the radical globalists in the WA.
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Marxist Germany
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Postby Marxist Germany » Sat Mar 09, 2019 11:07 am

Kenmoria wrote:“2c makes no exceptions for a criminal trial with pertinent information, which I regard as a rather major flaw.”

OOC: Your feedback has been noted
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

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Bananaistan
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Postby Bananaistan » Sat Mar 09, 2019 11:40 am

Marxist Germany wrote:
On Data Protection

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;


    2. Prohibits:
      a. Businesses from collecting data from any minor without the explicit consent of their guardian;
      b. Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will handle a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. The data collected only used in a way that is adequate, relevant and limited to only what is necessary;
      e. Businesses allow users to delete their data from the storage of the corporation completely;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.


OOC: This is ridiculous overreach.

2a potentially bans all interactions between children and businesses without prior written permission.

2b bans businesses from handing over CCTV images of crimes being committed to police. Also, what's a user?

2c assumes that police don't investigate crimes and just go straight to trial.

3a - who cares how the data will be "handled"? How it will be used is far more relevant.

3c - What about tax law? Governments have legitimate reason to require business to hold their books of account for a number of years after the accounting period. Such records often include the names of customers, suppliers, employees etc.

3d - informed consent to information sharing should not be abolished by the WA. If you don't like what Facebook do with your data, don't use it. Or perhaps find a paid service where you can call the shots on account of being a paying customer.

3e - So the "user" can rock up and walk into the server room and start deleting files?
Last edited by Bananaistan on Sat Mar 09, 2019 11:42 am, edited 3 times in total.
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.

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Marxist Germany
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New York Times Democracy

Postby Marxist Germany » Sat Mar 09, 2019 11:44 am

Bananaistan wrote:
Marxist Germany wrote:
On Data Protection

Category: Regulation

Area of Effect: Customer Protection

Proposed by:Marxist Germany




The World Assembly,

Appalled by the lack of a resolution regarding data protection;

Believing that businesses should not be able to collect data from its users without the explicit consent of that user;

Noting that minors are not fully mentally developed and are not capable of taking decisions on their own without the help of their guardians;


Hereby,

    1. Defines the following for the purpose of this resolution:
      a. A "Minor" as any sapient being under the age of majority;
      b. A "Guardian" as a biological parent and/or legal guardian of a minor;
      c. "Personal Data" as any data that can be used to identify a sapient individual;


    2. Prohibits:
      a. Businesses from collecting data from any minor without the explicit consent of their guardian;
      b. Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to;
      c. Governments from viewing the data without explicit prior consent from both the business holding the data and the user that the data belongs to except when the information is needed for a trial;


    3. Mandates that:
      a. Businesses provide explicit information on how they will handle a person's data;
      b. Businesses enable users to view the data that the said business holds on them;
      c. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      d. The data collected only used in a way that is adequate, relevant and limited to only what is necessary;
      e. Businesses allow users to delete their data from the storage of the corporation completely;


    4. Grants any person the right to sue 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;

    5. Encourages member states to enact stricter laws to protect their citizens' privacy from businesses.


OOC: This is ridiculous overreach.

2a potentially bans all interactions between children and businesses without prior written permission.

2b bans businesses from handing over CCTV images of crimes being committed to police. Also, what's a user?

2c assumes that police don't investigate crimes and just go straight to trial.

3a - who cares how the data will be "handled"? How it will be used is far more relevant.

3c - What about tax law? Governments have legitimate reason to require business to hold their books of account for a number of years after the accounting period. Such records often include the names of customers, suppliers, employees etc.

3d - informed consent to information sharing should not be abolished by the WA. If you don't like what Facebook do with your data, don't use it. Or perhaps find a paid service where you can call the shots on account of being a paying customer.

3e - So the "user" can rock up and walk into the server room and start deleting files?

OOC: Some of your feedback has been noted. Necessary changes will be made.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Marxist Germany
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New York Times Democracy

Postby Marxist Germany » Sat Mar 09, 2019 5:05 pm

OOC:It's midnight here so I'm gonna go to sleep now, I'll respond to any feedback tomorrow.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Kenmoria
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Postby Kenmoria » Sun Mar 10, 2019 6:31 am

“I think there needs to be some clarification on what types of data a company can collect from a minor without the guardian’s permission. For example, an anonymous survey given to all users might be impossible to check legal age. Likewise, I don’t think just recording that a child logged into a website should require the guardian’s permission.”
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

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Marxist Germany
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Postby Marxist Germany » Sun Mar 10, 2019 7:05 am

Kenmoria wrote:“I think there needs to be some clarification on what types of data a company can collect from a minor without the guardian’s permission. For example, an anonymous survey given to all users might be impossible to check legal age. Likewise, I don’t think just recording that a child logged into a website should require the guardian’s permission.”

OOC:Agreed
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Marxist Germany
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Founded: Jun 07, 2018
New York Times Democracy

Postby Marxist Germany » Sun Mar 10, 2019 9:23 am

Kenmoria wrote:“I think there needs to be some clarification on what types of data a company can collect from a minor without the guardian’s permission. For example, an anonymous survey given to all users might be impossible to check legal age. Likewise, I don’t think just recording that a child logged into a website should require the guardian’s permission.”

OOC:Recording that someone logged into a website isn't personal data
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Araraukar
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Posts: 12711
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Corrupt Dictatorship

Postby Araraukar » Sun Mar 10, 2019 11:56 am

Marxist Germany wrote:OOC:Recording that someone logged into a website isn't personal data

OOC: It usually contains your IP address, which pretty much is, unless you're using a public computer/roaming WiFi/both.
- Linda Äyrämäki, acting ambassador in the absence of miss Leveret
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Marxist Germany
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Postby Marxist Germany » Sun Mar 10, 2019 12:00 pm

Araraukar wrote:
Marxist Germany wrote:OOC:Recording that someone logged into a website isn't personal data

OOC: It usually contains your IP address, which pretty much is, unless you're using a public computer/roaming WiFi/both.

OOC:Ah yes, i guess ill have to make some changes
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Marxist Germany
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New York Times Democracy

Postby Marxist Germany » Sun Mar 10, 2019 12:04 pm

Araraukar wrote:
Marxist Germany wrote:OOC:Recording that someone logged into a website isn't personal data

OOC: It usually contains your IP address, which pretty much is, unless you're using a public computer/roaming WiFi/both.

OOC:You can't identify someone's age from their IP, your issue has been fixed.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
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Hatzisland
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Postby Hatzisland » Sun Mar 10, 2019 12:25 pm

I would recommend changing the language of clause 2b: "[Prohibits] Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to..." For me, companies collecting any information on me makes me "distressed." I suggest you either reword the clause, remove that part of the clause, or say "severe distress."
"The world dies when freedom dies"
-A wise man(me)
Dedicated to repealing GAR #286 and GAR #457, as well as fighting the radical globalists in the WA.
Currently Inoffensive Centrist Democracy, which goes to show how flawed the naming system is.
Passed Biology knowing there are two genders, and passed History knowing conservatism works.

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Marxist Germany
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New York Times Democracy

Postby Marxist Germany » Sun Mar 10, 2019 2:01 pm

Hatzisland wrote:I would recommend changing the language of clause 2b: "[Prohibits] Businesses from using personal data collected from a user to cause harm or distress to the user the data belongs to..." For me, companies collecting any information on me makes me "distressed." I suggest you either reword the clause, remove that part of the clause, or say "severe distress."

OOC: Done.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
Political Compass
Conservative, Nationalist, Christian from Ireland.

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Marxist Germany
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Founded: Jun 07, 2018
New York Times Democracy

Postby Marxist Germany » Mon Mar 11, 2019 11:39 am

OOC: I would appreciate it if I got the opinion of half of Gensec before submitting this not that I'm submitting this before at least a week has passed
Last edited by Marxist Germany on Mon Mar 11, 2019 11:40 am, edited 1 time in total.
"Marxist" no longer applies to this country. This country was made back when I was a leftist.

Author of GA#461
Political Compass
Conservative, Nationalist, Christian from Ireland.

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Maowi
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Civil Rights Lovefest

Postby Maowi » Mon Mar 11, 2019 11:43 am

Change the title or else bad things will happen.

Maybe 'Protecting Personal Data'? I'm not very good at titles, you can probably think of a better one.

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Hatzisland
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Inoffensive Centrist Democracy

Postby Hatzisland » Mon Mar 11, 2019 12:22 pm

Maowi wrote:Change the title or else bad things will happen.

Maybe 'Protecting Personal Data'? I'm not very good at titles, you can probably think of a better one.


OOC: I like your alternative name, but why "will bad things happen?"
"The world dies when freedom dies"
-A wise man(me)
Dedicated to repealing GAR #286 and GAR #457, as well as fighting the radical globalists in the WA.
Currently Inoffensive Centrist Democracy, which goes to show how flawed the naming system is.
Passed Biology knowing there are two genders, and passed History knowing conservatism works.

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Maowi
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Posts: 429
Founded: Jan 07, 2019
Civil Rights Lovefest

Postby Maowi » Mon Mar 11, 2019 12:31 pm

Hatzisland wrote:
Maowi wrote:Change the title or else bad things will happen.

Maybe 'Protecting Personal Data'? I'm not very good at titles, you can probably think of a better one.


OOC: I like your alternative name, but why "will bad things happen?"


Category: Repeal
Resolution: 459
Author: Lord Dominator

The World Assembly,

Applauding the efforts of the target resolution to improve health by reducing smoking and related issues,

Reminding itself that passed resolutions cannot be amended to resolve errors,

Concerned that the recently passed resolution permits member nations to abide by its requirements without in fact translating warnings into a language understandable by the local populace, as the language used repeatedly in the target is inherently optional,

Further concerned that members with governments appropriately disposed to tobacco corporations can therefore abide by the text of the target while also taking little useful action towards teaching their populations the harms of tobacco and smoke inhalation,

Believing that interpretation of the word "should" by national or international tribunals to invoke requirement would be an unprecedented shift in the interpretation of World Assembly statutes that would fundamentally shift the relationship between the Assembly and its constituent members so to engender incredible overreach,

Further believing that this makes unavailable to the Assembly the ability to recommend which also also effectively eliminates the scope for discretion under WA resolutions,

Observing that not all member member nations are composed of species harmed by the targeted products and believing such to be an unnecessary overreach,

Further observing that the educational requirements would cause waste of resources in nations where tobacco use is low or non-existent,

Hopefully consigning to private essays rather than General Assembly resolutions titles starting with the word "On",

Certain that action will be taken by delegations committed to reducing smoking and similar issues in the eventuality of repeal,

Repeals "On Tobacco and Electronic Cigarettes".

Co-Authored by Imperium Anglorum


But don't change 'On Pets', that's too iconic.

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Kenmoria
Senator
 
Posts: 4275
Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Mon Mar 11, 2019 12:36 pm

Maowi wrote:Change the title or else bad things will happen.

Maybe 'Protecting Personal Data'? I'm not very good at titles, you can probably think of a better one.

(OOC: How about, ‘Preventing the Misuse of Data’?)
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

User avatar
Hatzisland
Chargé d'Affaires
 
Posts: 377
Founded: Feb 05, 2019
Inoffensive Centrist Democracy

Postby Hatzisland » Mon Mar 11, 2019 1:47 pm

Maowi wrote:
Hatzisland wrote:
OOC: I like your alternative name, but why "will bad things happen?"


Category: Repeal
Resolution: 459
Author: Lord Dominator

The World Assembly,

Applauding the efforts of the target resolution to improve health by reducing smoking and related issues,

Reminding itself that passed resolutions cannot be amended to resolve errors,

Concerned that the recently passed resolution permits member nations to abide by its requirements without in fact translating warnings into a language understandable by the local populace, as the language used repeatedly in the target is inherently optional,

Further concerned that members with governments appropriately disposed to tobacco corporations can therefore abide by the text of the target while also taking little useful action towards teaching their populations the harms of tobacco and smoke inhalation,

Believing that interpretation of the word "should" by national or international tribunals to invoke requirement would be an unprecedented shift in the interpretation of World Assembly statutes that would fundamentally shift the relationship between the Assembly and its constituent members so to engender incredible overreach,

Further believing that this makes unavailable to the Assembly the ability to recommend which also also effectively eliminates the scope for discretion under WA resolutions,

Observing that not all member member nations are composed of species harmed by the targeted products and believing such to be an unnecessary overreach,

Further observing that the educational requirements would cause waste of resources in nations where tobacco use is low or non-existent,

Hopefully consigning to private essays rather than General Assembly resolutions titles starting with the word "On",

Certain that action will be taken by delegations committed to reducing smoking and similar issues in the eventuality of repeal,

Repeals "On Tobacco and Electronic Cigarettes".

Co-Authored by Imperium Anglorum


But don't change 'On Pets', that's too iconic.


Thank you. However, that proposal has failed terribly.

OOC: That is one of the many reasons why.
"The world dies when freedom dies"
-A wise man(me)
Dedicated to repealing GAR #286 and GAR #457, as well as fighting the radical globalists in the WA.
Currently Inoffensive Centrist Democracy, which goes to show how flawed the naming system is.
Passed Biology knowing there are two genders, and passed History knowing conservatism works.

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