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How about this as a privacy law: if you collect data about people without their EXPLICIT permission[1] you can be charged with digital stalking. Same principle as stalking; escalating penalties for repeat offenses and for doing so in bulk or en masse.

EDIT: And you cannot share information gained by permitted collection unless EXPLICIT permission to share is granted.

[1] Eg: it's not sufficient to disclose this in equivocal text buried in 25k lines of EULA text.





Your proposed law would mostly be used against people who were publicizing the criminal record of the mayor's nominee for police chief or the ruling party's nominee for mayor.

What constitutes data about people?

If I save your comment, am I a digital stalker? Is Google a digital stalker because they archived this page? Is HN a digital stalker because they didn't get your explicit permission to show a profile page with your karma on it?


You're being deceptively dense.

PII has a very clear definition. Posts on a public forum are not part of it.


> PII has a very clear definition.

It doesn't, actually, as many would-be DoD IT system owners are surprised to find that simply generating a 32-bit random UUID as a user ID is, per the regs, PII, and therefore makes your proposed IT system IL4 with a Privacy Overlay (and a requirement to go into GovCloud with a cloud access point) instead of IL2 and hostable on a public cloud.

Oh and now you need to file a System of Records Notice into the Federal Register (which is updated only by DoD, and only infrequently) before you can accept production workloads.

There is a separate concept of "sensitive PII" (now Moderate or High Confidentiality impact under NIST 800-122) which replaces what people used to call the "Rolodex Business Exemption" to PII/privacy rules.

But PII is very clear: "Personally Identifiable Information". Any information that identifies a specific individual, like for example, your HN username. Unless a collective is posting on your handle's behalf?




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