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[Draft] Personal Privacy Act

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Jedinsto
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Founded: Nov 12, 2020
New York Times Democracy

[Draft] Personal Privacy Act

Postby Jedinsto » Tue Oct 01, 2024 10:22 pm

OOC: My main concern about this from the perspective of an initial draft is a potential interaction with #213. If it becomes a problem for duplication or for contradiction I may go ahead and attempt a repeal especially because that resolution is incredibly vague and doesn’t do a whole lot anyways.

IC: “Following our recent election, our new president has appointed me head of the World Assembly Delegation. As such it is my honor to present our newest proposal, one to secure a general right to privacy for all people in this great Assembly.”
-Delegate Jordan Reeves

The World Assembly,

Wishing to improve citizens’ rights to privacy as it pertains to not just interactions with the government, but with institutions and individuals as well,

Hereby enacts the following:

  1. It shall be unlawful to record a conversation where parties involved have a reasonable expectation of privacy except if:
    1. the recording is conducted in a manner allowed by any previous World Assembly resolution still in force,
    2. all parties involved in the conversation have given informed consent to have the conversation recorded, or are made aware (or could reasonably be expected to be aware) that the conversation is being recorded, or
    3. the recording is done on a routine basis to ensure the security of an establishment or private residence.
  2. An individual’s healthcare information shall be confidential. To that effect, no individual professionally tasked with providing healthcare may share any information about a patient’s health or personal details obtained in a professional setting except in any of the following scenarios:
    1. a patient has given informed consent for their information to be shared,
    2. it is necessary to share the information with other healthcare providers working on the same task to assist the patient’s treatment,
    3. the patient has not attained the age of majority in that member state, in which case health care providers may be permitted to share with the parents or legal guardian of that patient information about the patient’s diagnosis and treatment information, or
    4. the patient has shared information that proves they pose a direct and significant threat to themselves or others, in which case the healthcare provider(s) may share the information wherever necessary to put a stop to that threat.
  3. Any information obtained in violation of clauses 1 or 2 shall be inadmissible as evidence in a court of law.
  4. Member nations are encouraged to strengthen and expand upon the right of citizens to privacy.
  5. Should any part of this resolution be in contradiction with a previous resolution still in force, the previous resolution still in force shall take precedence.

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Eastern Trulon
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Founded: Oct 01, 2024
Civil Rights Lovefest

Postby Eastern Trulon » Wed Oct 02, 2024 1:48 pm

First and foremost, Eastern Trulon would like to commend the efforts of Mister Reeves in raising this issue. It cannot be overstated how fundamental privacy is to a thriving democracy.

However, we have some minor concerns regarding the wording of certain points, which we would appreciate clarification on:

In Section 1, the phrase "reasonable expectations of privacy" is used twice. This wording appears too subjective and might be open to misinterpretation. Would it be possible to make this point more stringent? For instance, could we consider making it explicitly forbidden to record without the prior knowledge of all parties involved? We find it challenging to justify recording someone without prior written or verbal communication.

Respectfully,
Alexander Verhoeven
Representative of the confederacy of Eastern Trulon


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