[IRP] Charter section on privacy

shaila mistry shailam
Thu Nov 12 23:07:59 EET 2009

Hi Max and everyone 

I have just edited Articles 3 and?on Right to life an liberty and? Threat to Human Rights . See below. ?I have done so after?a great deal of deliberation and consideration of the discussion?and contribution from everyone . I have modified?my statements a lot and stated? the right in general terms but at the same time distilled it?down to the specific areas that we are referencing .

I will say for the record,,Trafficking? has grown at an alarming rate? and with it the ?abuse of women and children.?I have given several papers on it including at the UN in New York at the Commission on Status of Women . It is estimated that after 2010, Trafficking will become the largest illegal income generator overtaking?illegal arms and drugs ! As you are aware I have worked in the field of trafficking for 8 years and was instrumental in passing the law on trafficking in the state of California. 

Thanks for hearing me out and Ill get off the soap box :):)
I am open to suggestions and more edits 


Life is too short ....challenge the rules
Forgive quickly ... love truly ...and tenderly
Laugh constantly.....and never stop dreaming!?

Article 3 - Life, Liberty and Security of Person 
Everyone has the right to life, liberty and security of person. 

Steps should be taken to protect the liberty and security of people online. This encompasses issues such as Trafficking of women and children , cyberstalking, online harassment,, misuse of? personal data for the purposes of blackmail or threats and the abuse of children; and identity theft, phishing for personal? and data dissemination of private information without consent. 

The internet should be a space where people are able to exercise their rights to access information, communicate and form communities and networks to protect their life, liberty and security, including around health and sexual reproductive health issues and freedom from persecution and discrimination.
?Article 4 - Threat to Human Rights 
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. 

Steps should be taken to ensure that the internet as a resource? remains free from potential and actual abuse?
and or threat to life and liberty to all individuals including children? and? woman as in? various forms of trafficking . 

Any measures taken to address threats to human rights should? simultaneously not limit the ability of the internet to support other ?? ?human rights such as free expression, privacy and association, or the ability of individuals to enjoy these rights.???????

Any security measures that encroach on other human rights should be consistent with international human rights? laws and standards, the rule of law and be necessary and proportionate for the relevant purpose. 

Hi privacy folks

I have just consolidated the section of the charter on human rights and principles on the internet that deals with privacy.

I copy it below, but I would urge you to edit the g-doc directly

Article 12 - Privacy 
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. 

Personal data must be protected. Private or public organisations or companies, civil society organisations as well as governmental bodies must comply to requirements regarding privacy practices and governance structures and international privacy standards when processing personal data on their networks. 

Collection, use, disclosure and retention of this information must comply with a transparent privacy policy. People should hence be able to access and retrieve their collected personal data. People must be free and able to exercise control and informed decision-making over the personal data and information collected about them and their usage. 

Data collected must be protected from unauthorised disclosure and security errors should be rectified without delay. 

Except agreed otherwise data should be deleted when it is no longer necessary for the purposes for which it was collected, or for legal reasons. 

The public must be warned about the potential for misuse of data supplied. Organisations have a responsibilityto notify people when the information has been abused, lost, or stolen. 

People must be free to communicate without arbitrary surveillance or interception, or the threat of surveillance or interception. This includes the use of technologies such as deep packet inspection and the exercise of control over individuals such as in instances of domestic violence and cyberstalking.

Public or private organisations or companies, including social networks and service providers, which require personal information from individuals should raise awareness andrequest the consent of the individual regarding the content, purposes, storage location, duration and mechanisms for access, retrieval and correction of their personal data. 

Service providers have a responsibility to make clear in which legal jurisdiction(s) the user's data is being hosted, so that the user can make informed decisions. 

Service providers should communicate clearly with users the circumstances under which personal data will be shared with governments and/or with other private entities. 

An individual should have the possibility: a) to obtain from a behavioral tracker, or otherwise, confirmation of whether or not the behavioral tracker has data relating to him; b) to have communicated to him data relating to him within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and d) to challenge data relating to him and, if the challenge is successful, to have the data erased, rectified, completed or amended [Legislative Primer September 2009] 

People must be free to communicate anonymously on the internet, such as through the use of encryption. People communicating on the internet must have the right to use tools which encode messages to ensure secure, private and anonymous communication, in so far as it does not violate the right to privacy of other individuals. 

There must be adequate protection of the law against violation of the right to privacy on the internet, whether perpetrated by an individual, communities or social networks, companies, international organizations or the State. 
?? ??? ??? ?In the information society the right to privacy has to be supported by a guarantee (or principle) of confidentiality ?? ??? ??? ??? ???and integrity of IT-Systems, providing the protection against others accessing IT-Systems without consent. 

Background Information on Article 12 

From: Max Senges <maxsenges at gmail.com>
To: privacy-coalition <privacy-coalition at lists.apc.org>; irp <Irp at lists.internetrightsandprinciples.org>; Internet Rights Discussion Group <rights at lists.apc.org>
Cc: Jan Schallab?ck <jan.schallaboeck at gmail.com>; Katitza Rodr?guez <katitza at epic.org>
Sent: Thu, November 12, 2009 10:44:09 AM
Subject: [IRP] Charter section on privacy
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