Bill of Data Rights in the Digital Environment

Part of Data Protection Bill [Lords] – in a Public Bill Committee at 12:00 pm on 22nd March 2018.

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1 The UK recognises the following Data Rights:

Article 1 —Equality of Treatment

1 Every data subject has the right to fair and equal treatment in the processing of his or her personal data.

Article 2 — Security

1 Every data subject has the right to security and protection of their personal data and information systems.

Access requests by government must be for the purpose of combating serious crime and subject to independent authorisation.

Article 3 — Free Expression

1 Every data subject has the right to deploy his or her personal data in pursuit of their fundamental rights to freedom of expression, thought and conscience.

Article 4 — Equality of Access

1 Every data subject has the right to access and participate in the digital environment on equal terms.

Internet access should be open.

Article 5 — Privacy

1 Every data subject has right to respect for their personal data and information systems and as part of his or her fundamental right to private and family life, home and communications.

Article 6 — Ownership and Control

1 Every data subject is entitled to know the purpose for which personal data is being processed to exercise his or her right to ownership. Government, corporations and data controllers must obtain meaningful consent for use of people’s personal data.

Every data subject has the right to own and control his or her personal data.

Every data subject is entitled to proportionate share of income or other benefit derived from his or her personal data as part of the right to own.

Article 7 — Algorithms

1 Every data subject has the right to transparent and equal treatment in the processing of his or her personal data by an algorithm or automated system.

Every data subject is entitled to meaningful human control in making significant decisions – algorithms and automated systems must not be deployed to make significant decisions.

Article 8 — Participation

1 Every data subject has the right to deploy his or her personal data and information systems to communicate in pursuit of the fundamental right to freedom of association.

Article 9 — Protection

1 Every data subject has the right to safety and protection from harassment and other targeting through use of personal data whether sexual, social or commercial.

Article 10 — Removal

1 Every data subject is entitled to revise and remove their personal data.

Compensation

Breach of any right in this Bill will entitle the data subject to fair and equitable compensation under existing enforcement provisions. If none apply, the Centre for Data Ethics will establish and administer a compensation scheme to ensure just remedy for any breaches.

Application to Children

1 The application of these rights to a person less than 18 years of age must be read in conjunction with the rights set out in the United Nations Convention on the Rights of the Child.

1 Where an information society service processes data of persons less than 18 years of age it must do so under the age appropriate design code.”