An Act
Concerning the Right of Property in Personal Data
Draft Proposal for US Legislation
You may copy and modify this document freely. Improve it and pass it on.
Section I. Definition of Personal Data as Private Property
Whereas social and economic relations are becoming globalized and information intensive, and
Whereas indiscriminate collection and dissemination of information can put at risk the privacy, livelihood, and even the safety of persons, and
Whereas arbitrarily curtailing the right of persons and associations to collect and disseminate such information would be in conflict with the freedoms of speech and press, and
Whereas information that specifically identifies or is specifically associated with a particular person has economic value only insofar as it does so identify or is associated with a particular person,
Congress recognizes and declares that a person owns any and all information that specifically identifies him or her, however that information, henceforth called personal data, is generated, stored, retrieved, transmitted or disseminated. Personal data includes, but is not limited to a person's name, address, telephone number, identification numbers, recordings or reproductions of a person's voice, likeness or image, bank account numbers and numbers denoting quantities or activities in those accounts, credit records, medical records, travel records, purchasing patterns, and the like.
Section II. Property Law Applicable to Personal Data
Personal data is protected by Constitutional Law from unreasonable search and siezure. Personal data may not be used for any purpose without permission of the person who owns the data. Persons or organizations handling personal data in the course of their duties or business activity shall be considered custodians of that data and shall not divulge the data to other parties without permission of the owner of the data, unless a search warrant or subpoena has been issued for the data by a court of law. Persons or organizations misusing personal data shall be subject to Federal and State criminal and civil penalties regarding the theft and misuse of personal property.
