Model Legislation Review
Comprehensive framework establishing personal data as individual property with infrastructure-agnostic sovereignty protections
Section 102: Core Definitions
(a) Personal Data Foundation
Any information that identifies, relates to, describes, or could reasonably be linked to an individual, including:
- Direct identifiers: name, SSN, driver's license, passport, government ID
- Contact information: address, phone, email, IP address
- Biometric data: as specially defined in Section 102(b)
- Behavioral data: browsing history, search queries, purchase history, app usage, location history
- Financial data: income, transactions, credit history, account numbers
- Health data: medical records, diagnoses, prescriptions, vital signs, genetic information
- Communications: content and metadata of messages, calls, emails
- Environmental data: smart home activity, IoT device data, vehicle telemetry
- Inferred data: profiles, predictions, scores, categories derived from personal data
(b) Biometric Data Highest Protection
Special class of personal data consisting of: fingerprints, facial geometry, voice prints, iris/retinal scans, cardiac rhythm, gait patterns, vein patterns, DNA, behavioral biometrics (typing patterns, gestures), and any physiological or behavioral characteristic used for identification.
(c) Personal Data Authority (PDA) Key Infrastructure
A registered system, designated by an individual, serving as the sole point of contact for consent queries. Four options:
- Hardware owned and operated by the individual
- Rented server space with encryption keys held solely by individual
- Certified public utility provider
- Certified private provider meeting Title VII standards
Section 104: International Data Transfers
Personal data may not be transferred outside jurisdiction unless:
- Recipient jurisdiction has equivalent protections (certified by Commission)
- Individual grants explicit consent with clear disclosure of reduced protections
- Transfer uses approved binding contractual safeguards
Reciprocity clause: Jurisdictions adopting substantially equivalent laws receive streamlined recognition.
Section 105: Data Broker Prohibition Complete Ban
Data broker activities prohibited entirely. Existing brokers must cease operations within 24 months. Violation constitutes Tier 3 violation with maximum penalties.
Section 201: Right to Data Ownership Foundational
Personal data is the legal property of the individual. Property rights are:
- Inalienable: cannot be permanently transferred or waived
- Inheritable: pass to designated beneficiary or estate upon death
- Divisible: consent may be granted for specific uses while retaining ownership
Section 202: Right to Access
Within 14 days, covered entities must provide: complete copy of all personal data, source of each element, all parties with whom shared, purposes of use, any inferred data or profiles, and storage duration. Must be in machine-readable, portable format at no cost.
Section 203: Right to Deletion
Entities must delete all personal data within 30 days, direct all processors and third parties to delete, confirm deletion in writing, and purge from backups within 90 days. Limited exceptions for pending legal proceedings and legitimate tax/accounting records.
Section 205: Right to Deny Collection
Absolute right to deny for any reason
Denial of consent cannot result in:
- Denial of essential services (utilities, healthcare, government, banking, employment)
- Discriminatory pricing or terms
- Reduced service quality for non-data-dependent features
- Retaliation of any kind
Section 206: Right to Consent Specificity
Consent must be:
- Specific: defined data types and purposes
- Informed: plain language explanation
- Revocable: withdrawal at any time with immediate effect
- Time-limited: maximum 12 months, renewable
- Unbundled: separate consent for each purpose and category
Prohibited: Blanket consent, pre-checked boxes, implied consent, consent-by-continued-use are void.
Section 208: Algorithmic Transparency & Human Review
Right to human review of significant decisions (credit, employment, insurance, housing, benefits, education). Entities using AI/ML must disclose: whether AI processes data, training data sources, logic and weighting factors, and bias audit results. Right to opt out of AI/ML processing.
Section 209: Enhanced Children's Protections
Ages 13-17 may establish independent PDA with parental notification. Harmful categories (location tracking, behavioral profiling) require parental co-consent. Marketing and advertising targeting of minors prohibited regardless of consent.
Section 301: PDA Establishment Core Infrastructure
Every individual has the right to establish a PDA serving as the sole gateway for consent queries. PDA is recognized as the legal representative for all data consent matters. No entity may collect personal data without querying the registered PDA.
Section 303: Four Infrastructure Options
Option 1: Self-Owned Hardware
Hardware owned and physically controlled by individual, meeting security standards, with individual holding all encryption keys.
Option 2: Rented Sovereign Space
Server space leased from certified provider where encryption keys held solely by individual and provider cannot access data.
Option 3: Public Utility PDA
Operated by Commission or authorized public entity, available at no cost, with individual retaining full control of consent settings.
Option 4: Certified Private Provider
Private entity with fiduciary duty to individual, cannot monetize data, subject to audit and decertification.
Section 304: Consent Query Protocol
Commission establishes standardized protocol. All queries must include: legal identity of requester, specific data categories, specific purposes, proposed duration, third parties receiving data, and plain-language summary. Transmitted via encrypted channel with authenticated sender.
Section 306: Default Deny Principle Critical Safeguard
If PDA doesn't respond within 72 hours, response is legally deemed DENY. If individual has no registered PDA and cannot be contacted, deemed DENY. No entity may infer consent from silence or unrelated actions.
Section 309: Interoperability Requirements
All approved PDA infrastructure must implement open standards ensuring: communication with any covered entity, migration without data loss, portable consent records, no proprietary lock-in. Commission publishes open-source reference implementation.
Section 401: Special Classification Highest Sensitivity
Biometric data is the highest sensitivity category because it is:
- Immutable: cannot be changed if compromised
- Uniquely identifying: links irrevocably to one individual
- Increasingly essential: becoming the universal key to identity
- Irreversibly harmful if compromised
Section 402: Local-Only Storage Mandate Absolute Requirement
Biometric data stored ONLY on hardware owned and physically controlled by individual or designated agent under strict fiduciary duty.
Prohibited storage: cloud servers regardless of encryption, centralized databases, third-party processors, any system where encryption keys held by others.
Limited exception: Real-time authentication may transmit encrypted end-to-end, process in volatile memory only, with no retention beyond 30 seconds and immediate cryptographic erasure.
Section 403: Prohibition on Centralized Databases Complete Ban
No entity—government or private—may establish, maintain, or operate centralized biometric database of multiple individuals. Prohibited: aggregating templates, searchable repositories, cross-referencing across individuals, building identification systems querying centralized stores.
Existing databases: reported within 90 days, decentralized within 2 years.
Section 405: Consent Requirements
Requires: separate standalone consent, explicit written or recorded verbal consent, 24-hour waiting period, clear disclosure, and annual renewal (no auto-renewal). Revocation triggers immediate cessation and deletion certification within 24 hours.
Section 406: Prohibition on Coerced Collection
Cannot condition employment, housing, essential services, government services, education, or public accommodation on biometric collection. Alternative authentication must always be offered. Coerced consent is void.
Section 407: Breach Provisions
Any biometric breach classified as Severe with notification within 24 hours to individuals, Commission, and public within 72 hours. Remediation: lifetime identity protection, compensation for re-enrollment, minimum $10,000 per individual plus actual and punitive damages.
Section 408: Prohibition on Biometric Surveillance
Passive biometric collection without prior consent prohibited, including: facial recognition in public spaces, gait analysis, ambient voice capture, any collection without individual's knowledge. Exception only for individual's own security on their own property or explicit opt-in with full Section 405 consent.
Section 501: Mandatory Query Before Collection
No entity may collect personal data without first querying the PDA and receiving GRANT response. Limited emergency exception for immediate threat to life: collection limited to necessary data, query within 24 hours, deletion within 48 hours if DENY received. National security and law enforcement require judicial process per Section 603.
Section 503: Data Minimization
May collect only: data explicitly granted, reasonably necessary for stated purpose, minimum required. Prohibited: collection beyond scope, "just in case" collection, bundled requests.
Section 506: Third-Party Sharing Restrictions Critical
Data may not be shared unless specific third party and purpose identified in original query and granted. Selling personal data is prohibited under all circumstances. Consent to sale is void as against public policy.
Section 508: Security Requirements
Must implement reasonable security including: encryption, access controls, security assessments, training, incident response. Failure constitutes negligence per se.
Section 510: Data Protection Officer
Required for entities: collecting from 10,000+ individuals, processing biometric/health/financial data, or exceeding $10M revenue. DPO must be independent with compliance oversight, reporting to executive leadership, protected from retaliation.
Section 601: Three-Tier Violation Structure
Tier 1 - Standard Violations
Failure to query, collection beyond consent, late responses, documentation deficiencies, privacy policy issues, DPO failures.
Tier 2 - Serious Violations
Collection after DENY, undisclosed purposes, unauthorized sharing, late breach notification, inadequate security, coerced consent, retaliation, obstruction.
Tier 3 - Severe Violations Maximum Penalties
Any biometric violation, selling data, centralized biometric database, biometric surveillance, repeated violations, falsified records, destroyed audit trails.
Section 602: Financial Penalties
- Tier 1: Up to $1,000 per individual or 1% revenue, doubled for repeats
- Tier 2: $5,000-$25,000 per individual or 4% revenue, trebled for repeats
- Tier 3: $25,000-$100,000 per individual or 10% revenue, quadrupled for repeats, $1M minimum
Phased introduction: Year 1 warning-first for Tier 1 with 90-day cure and 50% reduction for good faith. Year 2+ full penalties. No phase-in for Tier 3 or biometric.
Section 603: Government Entity Violations No Immunity
Government entities subject to same penalties paid from agency budget with equivalent reduction in subsequent fiscal year. Officials authorizing violations face personal fines up to $10,000; Tier 3 violations trigger removal proceedings. No qualified immunity. Law enforcement requires judicial warrant specifying exact data, served on PDA unless court-sealed.
Section 604: Executive and Officer Liability
Personal liability for CEO, CIO, CPO/DPO, board members who authorized, directed, or knowingly permitted violations.
- Tier 1: $10,000 fine
- Tier 2: $100,000 and 1-5 year suspension
- Tier 3: $500,000, permanent bar, criminal referral
Indemnification prohibited.
Section 605: Criminal Liability
- Misdemeanor (up to 1 year): Repeated Tier 2 after enforcement, obstruction, falsified documentation
- Felony (up to 5 years): Intentional centralized biometric database, biometric surveillance, selling biometrics, repeated Tier 3, identity theft
- Aggravated Felony (up to 10 years): 100,000+ individuals affected, targeting vulnerable populations, documented harm
Section 606: Private Right of Action
Individuals may bring civil action with statutory damages: $500-$5,000 (Tier 1); $5,000-$25,000 (Tier 2); $25,000-$100,000 (Tier 3), plus punitive damages up to 3x and injunctive relief. Prevailing plaintiff recovers attorney fees. Pre-dispute arbitration and class action waivers void. 4-year statute from discovery, 7-year absolute.
Section 608: Social and Public Accountability
- Violator Registry: Public searchable database, entries remain 10 years
- Public Disclosure: Tier 2/3 violators display prominent notice on website and physical locations for 1 year
- Compliance Ratings: Annual A-F ratings published and displayed at point of collection
- Executive Registry: Personally liable individuals listed 15 years or permanently if barred
- Mandatory Apology: Tier 3 violators must publish Commission-approved acknowledgment through marketing channels
Section 610: Whistleblower Protections
Protected activity includes reporting, participating in investigations, refusing violations, internal reporting. Remedies: reinstatement, back pay, compensatory damages, fees, and 10-30% bounty of penalties collected.
Section 701: Self-Owned Hardware Standards
Minimum standards: secure boot, tamper detection, AES-256 encryption, secure key management, automatic updates, audit logging, CQP compliance. Manufacturers may certify; individuals may self-certify via Commission testing tool. Open-source designs encouraged.
Section 704: Public Utility PDA Option Universal Access
Commission establishes Public Utility PDA: no-cost basic tier, accessible interface (ADA/WCAG 2.1 AA), multilingual, phone/in-person support.
Offline/unconnected populations: automatic enrollment after 24 months with default DENY ALL, paper-based consent available, Social Security/post offices as access points, home visits for homebound.
Funding: appropriation, nominal premium fees, capped per-query fees ($0.01), penalty revenue. Independent governance board with public meetings.
Section 705: Small Business Compliance Assistance
Free resources: compliance guide, templates, checklists, webinars. Technical assistance: free assessment under $1M revenue, subsidized $1-10M, compliance hotline.
Safe harbor: businesses under $500K/10 employees using approved templates immune from Tier 1 penalties (with cure), 50% reduced Tier 2. No safe harbor for Tier 3 or biometric.
Section 708: Interoperability and Open Standards
Open standards for CQP, PDA interfaces, portability formats, audit structure, biometric protocols. Patent-free, publicly available, open development, biennial review. Commission funds open-source reference implementation. No proprietary lock-in.
Section 709: Rural and Underserved Access
Low-bandwidth operation, offline capability, SMS options. Every county has in-person location, mobile units for remote areas. Subsidy: free hardware below 150% FPL, subsidized connectivity.
Section 713: Safe Harbor for Local-Only Architecture
Presumptive compliance for products/services where: all processing on user-controlled hardware, no external transmission except encrypted PDA queries, no cloud backup, user holds all keys, biometrics never leave device.
Benefits: reduced audit frequency, good-faith defense, certification mark eligibility. Does not shield intentional violations.
Section 801: Effective Dates
- Upon Enactment: Commission authority established, rulemaking activated, appropriations effective, criminal provisions effective
- 6 Months: PDA Registry operational, Public Utility basic functions, CQP published, certification applications accepted
- 12 Months: Registration opens, certified providers listed, small business resources available, education campaign launched, Violator Registry established
- 18 Months: Mandatory query for large entities ($50M+ revenue or 500K+ individuals), biometric protections fully effective, private right of action available
- 24 Months: Mandatory query for medium entities ($10-50M or 100K-500K individuals), full enforcement, government compliance required
- 36 Months: All covered entities, small business compliance with safe harbor, full Act in effect
Section 802: Existing Data Transition
12 months: inventory and submit summary. 18 months: notify individuals. 24 months: obtain retroactive consent via PDA or delete (default deletion if no response in 90 days).
Biometric databases: reported 90 days, plan 6 months, decentralized 24 months, deleted 30 months.
Section 809: Appropriations
- Year 1: $75M (Agency $15M, Registry/infrastructure $30M, Public Utility $20M, Education $10M)
- Year 2: $60M (Operations $35M, Enforcement $15M, Education $10M)
- Years 3-5: $50M annually
- Ongoing: $40M plus penalty revenue
- Accessibility subsidies: $10M annually (separate line)
Penalty revenue to dedicated fund for victim compensation, enforcement, education, accessibility.
Section 810: Agency Independence Critical
Establishes Personal Data Sovereignty Commission (PDSC): 5 commissioners, staggered 5-year terms, no more than 3 from same party, removal only for cause.
Independence: direct appropriation, independent litigation authority, no executive direction on enforcement.
Anti-capture: 5-year cooling-off for commissioners, 2-year for staff, no industry funding.
Section 811: Reciprocity
Jurisdictions adopting substantially equivalent data sovereignty laws receive: streamlined compliance recognition, expedited certification of their PDA providers, mutual enforcement cooperation agreements.