Protecting Privacy

[Gulliver]

Category: Human Rights
Strength: Strong
Proposed by: [nation]Topid[/nation]

The General Assembly,

Defining privacy as the right to:

• Keep personal information secret (such as one's sexuality, gender, beliefs, occupation, activities or hobbies, or any other aspect of their lifestyle),
• Have one's property undisturbed or be free of examinations, searches, or use by others,
• Keep one's contact information and the location of their home or other identifiers secret,
• Conceal the activities and objects that occur and exist within one's privacy and out of view of the public

Defining probable cause as enough evidence to justify a belief that a crime has been committed and that certain property was associated with that crime or may contain evidence of that crime,

Forbids member states from infringing on any person's privacy outside of the conditions allowed in this resolution,

Demands it be a punishable crime for any person, corporation, organization or other entity to intentionally infringe on a person's privacy without consent for the purpose of monetary gain or with the intent to cause serious harm to the victim,

Allows member states to violate one's privacy in the process of an investigation with probable cause and the proper approval of an independent judge or independent government official,

Prohibits any private information gained during an investigation of a crime from being published or shared with anyone outside of the law enforcement or justice systems until official charges are made,

Further allows member states to compel citizens to reveal personal information for census, or study of the general population purposes,

Declares that any personal information revealed for the purpose of census will never be released or shared about any individual person until such a time that everyone who in the member state who was alive at that time can be reasonably expected to have been dead for twenty years,

Clarifies that a person may be required to give consent to reveal private information or have ones personal details investigated as a term of doing business, seeking employment, using a service, or entering a premises owned by another party or the government so long as a rational reason may be provided for that requirement,

Bans revealing private information of someone else gathered in the circumstances described in the above clause without the consent of that person.

[Terran]

It my belief that the current proposal is vague, in many areas. Specifically, it is vague as what can be determined as "reasonable cause" to effect a search or seizure of property. It is also very vague in regards to what may be considered a "term of business", and as such the use of information mined from the consumer or employee may inevitably end up in malicious hands; either through deliberate action or negligence.

I also feel that the government has no right to compel citizens to fill out an census form that requires citizens to divulge information they do not feel legally obligated to do so.

I abstain.

[Funkadelia]

I am against this because, even though I am a huge privacy maniac (:p), I find the clause about "Probable cause" to vague. Perhaps they could have made a committee that consists of judges from throughout the WA member nations that go to these countries to find probable cause, to ensure as much non-partisanship as possible.

[Gulliver]

It does say that a judge or independent body has to approve exceptions based on probable cause.

[Funkadelia]

Well it doesn't specify. A nation could just take a judge from their own nation, who may or may not support it, and find unjustly that there is probable cause.