AT VOTE: Privacy Protection Act [Complete] [Complete]

Eluvatar

Eluvatar

TNPer
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TNP Nation
Zemnaya Svoboda
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Eluvatar#8517
Category: Human Rights
Strength: Significant
Proposed by: Christian Democrats

Privacy Protection Act:
Description: The General Assembly,

Believing that each and every person has the right to keep certain affairs private,

Recognizing that a void in international law currently exists with regard to this matter,

Seeking to provide basic protection of the right to privacy for the good of all peoples,

1. Declares that every person has a right to privacy that extends to all lawful actions that occur out of public view and to all lawful actions, places, and other matters for which a subjective expectation of privacy and a reasonable, or objective, expectation of privacy exist;

2. Prohibits infringement on the right to privacy by member states, their political subdivisions, and all state (governmental) actors thereof within their respective areas of jurisdiction subject to this resolution and past and future resolutions enacted by this Assembly;

3. Affirms that this resolution does not protect privacy with regard to unlawful actions (or matters) and actions that occur within public view;

4. Further affirms the legality of the following under the law of this Assembly as not infringing on the right to privacy:
  • Conducting or attempting to conduct a legal arrest or pursuing a criminal suspect;
  • Conducting a search or seizure with a warrant or similar authorization because of a possible legal violation by the person or possibly involving the person who is being searched, whose property is being searched, or whose property is being seized;
  • Conducting a search or seizure without a warrant or similar authorization because a compelling public interest exists (for example, there is an imminent threat to public safety);
  • Monitoring or conducting legal surveillance of a criminal suspect or an associate;
  • Requiring that a person testify about something that is private when violations of the law are suspected or during the course of a lawful trial;
5. Allows persons to waive their privacy rights so long as uncoerced and informed consent is provided;
6. Clarifies that reasonable, or objective, expectations of privacy might vary regarding similar actions, places, or other matters in different jurisdictions because of differences in culture and so forth;

7. Notes that this resolution provides only minimum protections of the right to privacy and that member states themselves or this Assembly may enact greater protections of the right to privacy than what is provided in this resolution; and

8. Expresses the openness of this Assembly to further debate and consideration of legislation regarding privacy rights in more specific areas, especially for circumstances in which the rights and obligations of the individual are unclear or unassured.
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NationStates:
Approvals: 48 (Bergnovinaia, Canadian Davsland, Paynezania, BORDURIAA WA NATION, Purifination, Mikeswill, The North Brazillian Collective Union, Pasig, Zeorus, Nava Siam, Vendettera, United States of Natan, Gitchie Manito, The Great Mid-North, Wamitoria, East Armandia, Maltropia, Xanixi, Reagan Island, Trektopolis, Ventei, The Derrak Quadrant, Cafla, Crystal Spires, King Rankmore, United Democratic Nations, Umbra Ac Silentium, Licentiapacisterra, Enlightened defenders, Wu Wei Shan, Thudd, Innovatus, Secret Secrets, Romanist, Mousebumples, Dikaiosyne, Funkadelia, New Canada-UK, Former Aurelia, Folkand, The Victonian League, Shawb, Arrowland, Tiami, Free Peoples Cheese, Sprits, Cuba Socialista, East Klent)

Status: Lacking Support (requires 20 more approvals)

Voting Ends: in 1 day 19 hours
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This seems likely to enter the queue.
 
Since I may as well start voting thw GA based on my RL views and not me "Get all the badges" nation views

FOR
 
A Brief from Minister of the World Assembly Mahaj:
The right to privacy is a right that many people consider fundamental for their security and well-being as a person. In general, nations with people who have greater rights to privacy are happier and more productive than those without. However, this right to privacy must be balanced with the aim of protecting the security of the public, which requires surveillance.

The resolution starts by defining privacy as "all lawful actions that occur out of public view and to all lawful actions, places, and other matters for which a subjective expectation of privacy and a reasonable, or objective, expectation of privacy exist;". This definition would be problematic if there was no mention of an objective expectation, however with that this definition is reasonable. The resolution prohibits violating this right to privacy and then affirms that this privacy does not extend to illegal activities. If marijuana was illegal in a nation, someone growing marijuana in their house could not shield it under the argument of their right to privacy, for example.

The resolution then continues on by stating exceptions to the right to privacy when in public view. These exceptions entail: A legal arrest or pursuit of a criminal, conducting a legal search and seizure with proper authorization, a search and seizure without authorization in the case of an imminent public safety interest, conducting legal surveillance, and requiring a person to testify on a personal matter during a lawful trial. These exceptions are common sense and used in countries such as the United States, but there are problems. An important question to decide is what exactly is meant by ‘in public view’. Under this resolution, pursuing a criminal when they’re inside their home or another home means that it is similarly legal to conduct surveillance in that home, if that person is a suspected criminal. Voters must decide whether a criminal being ‘suspected’ is good enough to warrant 24/7 surveillance of their private lives.

The resolution concludes by allowing persons to waive their rights to privacy and then ends with some ‘feels good’ clauses.

The Ministry of the World Assembly encourages nations to vote FOR this resolution. The right to privacy is important and this resolution enacts fairly common sense and widely accepted protocols for protecting this right while also protecting the public safety. Of course, the Ministry of the World Assembly welcomes debate on this issue.
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I will be sending out Information For Voters within 12 hours, that is to say, by (time=1345686240), as required by the Directive.

Hello @@NAME@@,
In order to further the World Assembly's mission and better represent what The North Pacific's World Assembly nations intend, I have as Delegate established an "Information For Voters" program. I have established a Ministry of WA Affairs to support this endeavor.

Current Resolution at Vote:
Privacy Protection Act ( http://www.nationstates.net/page=ga )
http://forum.thenorthpacific.org/topic/6948215

Summary:
This resolution would enact the text of the resolution at vote. It would also increase Civil Rights in all member states. The text of the resolution would require member states to respect a right to privacy defined in the text as applying to "All lawful actions that occur out of public view and to all lawful actions, places, and other matters for which a[n] ... expectation of privacy exist[s]."

Ministry of WA Affairs Review
by Minister Mahaj
The right to privacy is a right that many people consider fundamental for their security and well-being as a person. In general, nations with people who have greater rights to privacy are happier and more productive than those without. However, this right to privacy must be balanced with the aim of protecting the security of the public, which requires surveillance.

The resolution starts by defining privacy as "all lawful actions that occur out of public view and to all lawful actions, places, and other matters for which a subjective expectation of privacy and a reasonable, or objective, expectation of privacy exist;". This definition would be problematic if there was no mention of an objective expectation, however with that this definition is reasonable. The resolution prohibits violating this right to privacy and then affirms that this privacy does not extend to illegal activities. If marijuana was illegal in a nation, someone growing marijuana in their house could not shield it under the argument of their right to privacy, for example.

The resolution then continues on by stating exceptions to the right to privacy when in public view. These exceptions entail: A legal arrest or pursuit of a criminal, conducting a legal search and seizure with proper authorization, a search and seizure without authorization in the case of an imminent public safety interest, conducting legal surveillance, and requiring a person to testify on a personal matter during a lawful trial. These exceptions are common sense and used in countries such as the United States, but there are problems. An important question to decide is what exactly is meant by "in public view" Under this resolution, pursuing a criminal when they.re inside their home or another home means that it is similarly legal to conduct surveillance in that home, if that person is a suspected criminal. Voters must decide whether a criminal being "suspected" is good enough to warrant 24/7 surveillance of their private lives.

The resolution concludes by allowing persons to waive their rights to privacy and then ends with some "feels good" clauses.

The Ministry of the World Assembly encourages nations to vote FOR this resolution. The right to privacy is important and this resolution enacts fairly common sense and widely accepted protocols for protecting this right while also protecting the public safety. Of course, the Ministry of the World Assembly welcomes debate on this issue.

Delegate's Note

As I compose this message, 3 have voted against and 2 for the resolution on our forum so I have lodged an initial vote against it, contrary to the Minister's recommendation. I govern my vote by how the regional members vote on the forum or by telegramming me however, so you can easily change it (or reinforce it).
Forum topic: http://forum.thenorthpacific.org/topic/6948215

If anything about this is confusing or annoying, please be unafraid to ask questions or request that I exempt your nation from receiving Information For Voters messages.

Thank you for reading,
Your Delegate,
~Eluvatar

GA Resolution at Vote: Privacy Protection Act
http://forum.thenorthpacific.org/topic/6948215/

2 aye (Tim, mcmasterdonia); 3 against (Finn, Queen Ravenna, Sikarraxet); 0 abstain

Still voting against.
 
When I was in law school I spent one summer with a member of Congress, and one project I suggested and took one was drafting a bill on privacy and the Bill of Rights that was introduced later that summer, and influenced the final form of a law enacted in the next Congress.
(H.R. 9515, 94th Congress.)
This proposal has a lot of problems since there's actually several definitions of privacy (including the so-called privacy torts as defined by the late professor William Prosser, as well as the constitutional right of privacy.
This resolution just comes across to me as off-tune and needs some refining to be really effective. We're better off voting this down and urging its sponsor to get back to work and make this a better proposal.

AGAINST.
 
The General Assembly resolution Privacy Protection Act was passed 7,427 votes to 3,173, and implemented in all WA member nations.

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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