Policy idea: Habeas data

Recovered from Forum Loss incident

bug1 (Glenn) 2016-10-27 23:51:03 UTC #1

Was just watching this video that interviews Snowden, Greenwald, Chomsky
Edward Snowden – A Conversation on Privacy Part 2

One of the concepts that was bought up is 'Habeas data' (my data myself), it sounds like a pretty good concept that some countries implement in law, maybe it would be useful for our policies.

Frew (Frew) 2016-10-28 23:05:19 UTC #2

I'm always a bit wary of these initiatives. The EU's right to be forgotten was deluged by people convicted of fraud to get reporting of their cases removed from the internet, I assume so they could more easily commit more fraud. Reputational damage, where earned through scummy behaviour, shouldn't be able to be erased.

That said, I like the way Argentina has spelled out theirs (from the Wiki):

Argentina: the Argentinian version of Habeas Data is the most complete to date. The article 43 of the Constitution, amended on the 1994 reform, states that: “Any person shall file this action to obtain information on the data about himself and their purpose, registered in public records or data bases, or in private ones intended to supply information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data. The secret nature of the sources of journalistic information shall not be impaired.”

It only allows the correction of false information, not the suppression of true information. I like it.

bug1 (Glenn) 2016-10-29 00:13:08 UTC #3

It is a tricky area, i mostly like the term because of its simplicity, the tricky bit is what is exclusively 'my data', in your example the fraud conviction isnt exclusive to the fraudster, the victims and the legal system could be considered 'co-owners'... im not sure.

One associated thing with privacy laws, there are lots of federal and state laws covering various areas. Maybe there should be national laws, to simplify things, and just because we arent that different that we need different privacy laws for each state.

Privacy laws in various jurisdictions in Australia