Progress Update on the Scottish Constitutional, Legal and Institutional Development Platform › forums › Constitution of the Scottish State › Article X Section E › Proposed Amendment S122.37 [Under Review]
February 13, 2019 at 1:11 pm #1279
Proposed NEW Section
Section F : Creation of a Digital Information Protection Audit Board (DIPAB)
§ 1. The DIPAB is the authority in charge of guaranteeing the protection of privacy concerning data and the digital communications and transactions conducted through electronic media, in accordance with Article II, Section B, paragraph 7 of this Constitution.
§ 2. The DIPAB shall have the competence to :
a. Protect privacy and intellectual property.
b. Fight against the digital divide and make it possible for every citizen to have equal access to electronic media and digital information.
c. Guarantee the application of the General Data Protection Regulation, in accordance with the EU law.
d. Ensure measures including but not limited to the right to be forgotten, the principle of privacy by design or the nomination of a Data Protection Delegate in companies.
e. Monitor the application of the General Data Protection Regulation in companies.
f. Counsel companies in installing a data system based on the rules of the General Data Protection Regulation.
§ 3. The DIPAB shall be informed in any case of non-compliance with the General Data Protection Regulation. The sanctions shall then be determined by the CSL.
This Constitution seems to be quite progressive as for instance it enables citizens to vote at the age of 16, it allows voluntary euthanasia and does not criminalize drug and alcohol possession or use. Thus it seems normal that the Constitution would be written in accordance with the current era, showing the will of Scotland to establish a modern state that adapts to the lifestyle and the needs of its people for the current and the future generations. As a consequence, the creation of an authority in charge of protecting the privacy in the scope of digital information makes sense, all the more as digital law is an expanding field. Plus it would also be in accordance with the Article II, section B, paragraph 7 of this constitution.
The French institutions ANSSI (Agence Nationale de la Sécurité des Systèmes d’Information) and CNIL (Commission Nationale de l’Informatique et des Libertés) have been taken as models for the DIPAB.
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