Purpose: To establish the principle that all data generated by an individual’s devices, property, or purchased goods belongs solely to the individual. This policy ensures that individuals maintain full control over their data, can choose how it is used, and are fairly compensated when companies require access to such data. It also enforces accountability for data breaches and aligns with property rights guaranteed by the Constitution.
Key Provisions
- Data Ownership:
- All data generated by devices or goods purchased by an individual (e.g., smartphones, cars, tractors, appliances) is the sole property of the individual. This includes data used for targeted advertisements seen on personal devices; advertisers must obtain explicit consent to use such data. If an individual’s data is utilized to display advertisements on private devices (e.g., smartphones), they must be compensated, similar to compensation for displaying advertisements on personal property like cars.
- Ownership rights extend to all data collected on private property, including agricultural products (e.g., seeds and yields from purchased seed).
- Consent and Compensation:
- Companies must obtain explicit consent before collecting, storing, or using personal data.
- The default setting must be that data collection is denied, and companies must actively seek explicit permission to collect, store, or use data without compromising access to essential functions of goods or services.
- Companies requiring access to data must provide compensation. Compensation can include free or discounted use of apps, services, or direct financial payment.
- Right to Repair and Modify:
- Owners of devices or goods, such as tractors, have the right to repair or modify their property without interference.
- Intellectual property claims (e.g., proprietary software) cannot override the owner’s right to access or modify their data.
- Any data produced by the use or operation of a device becomes the owner’s property.
- Data Breach Accountability:
- Companies storing personal data are liable for any loss or unauthorized dissemination of data.
- In the event of a data breach, affected individuals must be compensated for damages, including potential identity theft and privacy violations, but not emotional distress.
- Legal Protections:
- Data is recognized as a form of property under the Fourth Amendment, protecting individuals against unreasonable searches and seizures.
- For law enforcement to collect data that is not publicly accessible, a warrant must be obtained.
- This law aligns with Supreme Court rulings emphasizing privacy and property rights, such as Carpenter v. United States (2018), which affirmed privacy protections for digital data.
- Prohibitions:
- Companies cannot sell or trade user data without explicit, itemized consent from the individual, including offering clear compensation for the use of such data.
- Mandatory arbitration clauses in terms of service that strip individuals of their rights to seek redress in court for data-related grievances are prohibited.
Constitutional Basis
- Fourth Amendment: Protects individuals’ rights to be secure in their persons, houses, papers, and effects. Digital data is an extension of these protections in the modern era.
- Property Rights: The data generated by an individual’s property (e.g., devices, seeds, machinery) is an extension of their ownership rights and cannot be arbitrarily controlled by third parties.
- Right to Self-Determination: Aligns with the principle that individuals have autonomy over their resources and creations.
Examples and Precedents
- Right to Repair Movement:
- Similar to ensuring data ownership, the right to repair emphasizes consumer rights to modify and repair their purchased goods without interference from manufacturers (e.g., John Deere tractor software).
- Cargill Seed Allegations:
- Cases where companies have attempted to claim ownership over seed data or sued farmers for unintentional cross-pollination highlight the need for clear data ownership laws.
- Supreme Court Case – Carpenter v. United States (2018):
- Established that digital location data is protected under the Fourth Amendment, emphasizing the need for consent before data collection.
- General Data Protection Regulation (GDPR):
- International frameworks like GDPR affirm individual rights over personal data, requiring consent and ensuring accountability.
Benefits to Consumers and Society
- Empowerment: Individuals regain control over their data and property.
- Transparency: Companies must clearly state how data will be used and provide alternatives.
- Security: Strong penalties for breaches ensure companies prioritize data protection.
- Economic Equity: Ensures individuals are compensated for data that has commercial value.
- Environmental and Agricultural Fairness: Farmers retain full rights to their crop data, preventing exploitation by large corporations.
Implementation and Enforcement
- Data Use Registry:
- A transparent system where individuals can view and manage permissions for their data.
- Regulatory Body:
- Establish a federal agency or expand an existing one (e.g., FTC) to oversee compliance.
- Penalties for Non-Compliance:
- Severe fines for unauthorized data collection, failure to compensate users, or data breaches.
The “My Data, My Rights Act” protects individual autonomy, modernizes constitutional protections, and creates a fairer balance of power between consumers and corporations.