Open letter for our representatives on Digital Privacy and Human Rights Act

In today’s world and the future our digital identity often carries as much weight as our physical presence, the protection of personal data transcends mere consumer rights—it embodies the very essence of human dignity, freedom, and equality. As your constituents increasingly live, work, and communicate in the digital sphere, they entrust us, their elected representatives, with safeguarding the sanctity of their digital selves. The Digital Privacy and Human Rights Act seeks to be the beacon in these uncharted waters, laying down robust frameworks and principles that prioritize people over profit, rights over revenue, and dignity over data exploitation.

Our nation stands at a pivotal juncture, and history will remember our actions. Will we uphold the cherished values our ancestors fought for? Or will we let unchecked digital advancements overshadow the basic tenets of human rights?

Here is a Straw man to build on

This straw man designed act provides you the path forward, a path illuminated by the principles of transparency, fairness, and respect for individual autonomy.

As representatives of the people, it is your collective duty to ensure that as technology evolves, the inviolability of our human rights remains uncompromising. Let the Digital Privacy and Human Rights Act be our guiding light, our commitment to the citizens, and a testament to the world that our nation stands resolutely in championing the rights of its people in the digital age.

I. Purpose and Core Values

This act is dedicated to robustly defending the digital privacy rights of individuals as an extension of their fundamental human rights. It emphasizes the pivotal role of personal data protection in upholding the dignity, freedom, and equality of every citizen. The scope covers all digital entities, ensuring they act with transparency and responsibility.

II. Definitions for Clarity

This section delineates terms like personal data, consent, data controllers, and others, providing a clear foundation for understanding and adherence.

III. Data Protection Anchored in Human Rights

All data processing activities must align with principles of fairness, lawfulness, and transparency. Data is to be obtained only for explicit purposes, ensuring accuracy and limited retention. Above all, the sanctity of human rights in data protection is paramount.

IV. Empowering Data Subjects

Every individual has the right to:

Access and understand their data.

Correct inaccuracies.

Demand data erasure under specific conditions.

Limit or object to certain data processing activities.

Ensure they are not subject to decisions based solely on automated processing.

V. The Ethical Weight of Consent

For data collection and processing, consent must be freely given, informed, specific, and unmistakable. Mechanisms should be in place to allow individuals to easily withdraw consent, reflecting their autonomy over personal data.

VI. Prioritizing Children’s Privacy

Children's data is particularly sensitive. Strict rules require parental consent for collecting data from minors, emphasizing the right of the young to digital privacy.

VII. Mandatory Data Breach Protocols

Entities must promptly report data breaches to both the supervisory authorities and the affected individuals, ensuring transparency and swift corrective action.

VIII. Cross-Border Data Transfer Regulations

Transferring personal data internationally is governed by rigorous guidelines, ensuring data protection is consistent and uncompromising, regardless of geography.

IX. Enforcement and Penalties

A regulatory authority will oversee the implementation and adherence to this act. In case of breaches, penalties will be imposed. For grave violations, the fines can go up to 5% of a company's annual global turnover or 40 million, whichever is higher — mirroring the GDPR's stringent penalties. The intent is to make non-compliance financially consequential for corporations, ensuring they prioritize human rights over profits.

X. Essential Exceptions

While data protection is crucial, there are scenarios like national security, journalism, or academic research where certain provisions may be relaxed to balance rights with societal needs.

XI. Continuous Review and Evolution

This act will undergo regular reviews to adapt to technological advancements and evolving societal needs, ensuring it remains a potent tool in the defense of human rights in the digital era.

XII. Guided Implementation

Entities will be provided with a clear timeline and resources to ensure a smooth transition into full compliance with the act, underpinning the nation's commitment to human rights in the digital domain.