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V928 - Digital Rights Bill 2016 Watch

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  • View Poll Results: Should this bill be passed into law?
    As many are of the opinion, Aye
    52.17%
    On the contrary, No
    39.13%
    Abstain
    8.70%

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    V928 - Digital Rights Bill 2016, TSR Government

    DIGITAL RIGHTS BILL 2016
    An Act to protect people's privacy and give them more control over their data online
    BE IT ENACTED by The Queen's most Excellent Majesty, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

    1: DEFINITIONS
    (1) ‘Digital network’ means any infrastructure network.
    (2) ‘Communications network’ means any platform or service providing the means of transmitting or receiving data over a digital network.
    (2) a. ‘Public communications network’ means any transmission or reception of data intended primarily for public consumption with respect to definition 1(b).
    (2) b. A public communications network shall be included within definition 1(2) unless stated otherwise.
    (3) ‘Data’ means information transmitted by or received by an individual, including metadata.
    (3) a. ‘Private data’ is data not intended for public view or use.

    2: GOVERNMENT
    (1) A government organisation, or any organisation contracted to or otherwise answerable to the government, except all schools and colleges, may not:
    (1) a. Access private data sent by or received by an individual without the consent of a court order unless the individual is the subject of a criminal investigation.
    (1) b. Retain private data on unconvicted individuals formore than 6 months, with a further 6 months only possible if a case has been made against the particular individual.
    (1) c. Censor digital content without the consent of a court order.
    (1) d. Deny access to the Internet without the consent of a court order.
    (1) e. Store private data on individuals without encryption.
    (1) f. Seek or store private data on any Member of Parliament without the private agreement of the Leader of the Opposition and a court order.
    (2) All organisations may continue to monitor their own computers in their network.

    3: DIGITAL AND COMMUNICATIONS NETWORKS SERVICE PROVIDERS
    (1) Digital and Communications Networks Service providers must ensure:
    (1) a. Reasonable steps are taken to ensure the privacy of consumers of digital networks and communications networks and that consumers are clearly informed of which information is intended for public consumption and which is intended otherwise.
    (1) b. Where consumers’ information not intended for public consumption is intended to be used to contribute towards a communications network’s operating model, consumers must agree that their information shall be used in this way as distinct from the primary use of the communications network.
    (1) c. That if an individual wishes to remove his data from a digital network or a communication network, a clear means to achieve this in a reasonable time frame is available.
    (1) d. Terms and conditions are summarised such that the user is informed on one page the organisation’s approach to privacy, data protection and the use of information gained from the user’s activities.
    (1) e. All private data is encrypted, and all private data is transferred on an encrypted connection.

    4: OWNERSHIP SERVICE PROVIDERS
    (1) Ownership Service providers must ensure:
    (1) a. All user-generated content existing on communications networks must be accessible to the original author for removal.
    (1) b. For the purposes of copyright, the user responsible for creating the content is the legal owner unless agreed between the user and the communications network, subject to provisions outlined in section 3(1)d.

    5: PENALTIES
    (1) Any persons contravening any clause outlined in this act are guilty of an offence.
    (2) The maximum penalty is a custodial sentence of ten years and an unlimited fine.

    6: MISCELLANEOUS
    1. With respect to 2(1)a–f, governmental and related organisations must:
    (1) a. Maintain a database of an individual’s locations and communications obtained after the receipt of a court order for no longer than 30 days after the completion of the investigation.
    (1) a. i. Except where that investigation resulted in successful conviction, whereupon information gained under the provisions in 2(1)a shall be subject to the same rules as all evidence, for the purposes of judicial review, etc.
    (1) a. ii. Individuals not convicted but whose information was requested and received as part of an investigation into a successful conviction, shall have their names and other identifying information redacted from evidence.
    (1) b. Destroy or render unusable information obtained under the provisions set out in section 2(1)a after a period of 30 days from the completion of investigations.
    (1) c. Maintain a record of all applications for information under the provisions set out in section 2(1)a indefinitely.
    (1) d. Notify where possible those individuals whose information has been accessed under the provisions set out in 2(1)a within 7 days of receiving information. This notification must include:
    (1) d. i. The digital networks or communications networks to which the information relates.
    (1) d. ii. The date and time of the communication sent or received, AND/OR;
    (1) d. iii. The date and time of the location.
    (1) d. iv. The nature of the investigation:
    (1) d. iv. - Where investigators consider the investigation to be confined by public interest immunity, such an application must be made to a court by PII procedures.
    (1) d. iv. - Where PII is sought, the time constraint outlined in 6(1)a.iv shall begin after the court’s decision is communicated.
    (1) d. iv. - The individual’s involvement in that investigation.
    (1) d. v. Institute a scheme whereby individuals may request to view information archived specifically about the individual in the form of a Personal Information Request. Where this information contains information about other individuals, that information must be redacted.
    (1) d. vi. Where the revealing of this information may conflict with the public interest, the department holding the information may apply for PII to suppress the release of the information.
    (2) With respect to 3(1)c, digital and communications networks:
    (2) a. Have no specific responsibility for that information transmitted voluntarily or otherwise actively according to the provision set out in 3(1)c by the individual to other individuals within or without the digital or communications network.
    (2) b. With respect to 3(1)e, the Office of Culture, Communications and Connectivity shall release annual encryption requirements for governmental work and all other private communications and data.

    7: COMMENCEMENT, SHORT TITLE AND EXTENT
    (1) This bill shall come into force 6 months after receiving royal assent.
    (2) This bill may be cited as the Digital Bill of Rights 2016.
    (3) This bill shall extend to the United Kingdom.


    Notes:
    This bill was initially written by bnzss, being posted in the Other Place first, before being edited a little and submitted here.

    This bill essentially does what it says on the tin. This doesn't effect Schools and Colleges that censor their Internet, as this was a concern raised in the Government sub forum.
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    The OP has been copied from the first reading.
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    (Original post by RayApparently)
    The OP has been copied from the first reading.
    Can you please add the Note section from the Government subforum
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    (Original post by PetrosAC)
    Can you please add the Note section from the Government subforum
    No problem.
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    Nay. Such a Bill would dramatically compromise the operation of Britain's vital intelligence agencies, and there is nothing to commend it except some half-baked notion of a right to privacy.
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    Nay.

    This weakens our security services, especially 2.1a.
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    I have added one No on behalf of balanced.
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    Ayes to the right: 24
    Noes to the left: 18
    Abstain: 4

    The Ayes have it! The Ayes have it. Unlock.
    Turnout: 92%
 
 
 
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