This morning I was reading my usual RSS feeds when I was reminded of the Real ID Act: that, among other things, mandates the information that states must include/require on/for drivers licenses and requires the linking of state drivers license databases. Some would argue that the act turns state drivers licenses into national ID cards… And I would agree with them. However, I don’t think opponents to the act are making the right argument.

You see it everywhere, “It is a violation of civil liberties.” But the truth is that a national ID card in itself doesn’t violate civil liberties. It is how and when the card data is used that creates the problem. Instead of banning national ID cards altogether, I think it would be better to turn this into an opportunity to create laws that specify how and when private citizen information may be accessed and also legislate more power into the hands of citizens when it comes to protecting and ensuring the accuracy of what is essentially their data.

What we need is a Privacy Bill of Rights. When the government looks up my information in a national database, I want to know about it… And I want a justification. I also want the ability to challenge it so that future violations of my privacy don’t happen again. There are ways to do this that balance the ability of law enforcement to protect the citizenry while at the same time ensuring that private citizen data is not so easily searched and seized.

click the title to read my proposed legislation

The Security and Privacy Rights Act (SAPRA)

An Act

To establish the rights of United States citizens to protect their privacy.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Security and Privacy Rights Act of 2006’.

SEC. 101. PREVENTING THE UNAUTHORIZED DISCLOSURE OF CITIZEN DATA.

(a) No governmental body, appointed or elected official, or persons working under their authority, shall obtain or update citizen information stored in any database,

1. Without the citizen’s consent;
2. Without authorization as granted by a judicial subpoena or warrant;
3. Without the approval of the citizen’s legal guardian or person granted power of attorney over that citizen’s data;

1. Or for any reason other than those specified in section 101(b) of this act.

   (b) Citizen data contained in any government database may be updated or obtained,

2. If there is probable cause that the citizen has committed a felony criminal offense;
3. If the citizen is being cited for a violation or infraction of the law;
4. If the citizen is being placed under arrest;

1. or as part of regular database maintenance.

   SEC. 102. NOTIFICATION AND DISCLOSURE OF DATA.

   (a) When a citizen’s information is accessed or updated by a governmental body, appointed or elected official, or persons working under their authority, that citizen or their legal guardian shall be notified of the access and if and what has been updated,

2. Within one year of the access;
3. Of the data that was requested;
4. The purpose of the access;
5. And of the persons or governmental body that initiated the request to update or access;

1. Unless the access falls under the exceptions listed in section 102(b).

   (b) Citizens do not need to be notified when their data is accessed or updated if one of the following conditions are met:

2. The data was accessed or updated as part of regular database maintenance.
3. Disclosure of the access or the data itself poses a threat to national security in which case the data must be reviewed every 5 years and disclosed to the citizen when said disclosure is no longer a threat.

1. The data was accessed in such a way that the citizen from which the data was obtained cannot be identified. Example: The gathering of demographic information for statistical purposes.

   (c) The government must provide, upon a formal request, all data retained on a citizen to that citizen or their legal guardian or any persons who have been granted power of attorney over that citizen’s data,

2. Unless Disclosure of the data poses a threat to national security in which case the government may omit such data and is not required to disclose that data has been omitted;

1. Within a reasonable amount of time as it takes to retrieve and send such data.

   SEC. 103. RIGHT TO DISPUTE DATA.

   (a) The government must provide a means for which citizens can have errors in their data corrected. Within reason, the burden of proof that the information in the database is correct lies on the government.