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Article XV

 

This article exists because modern technology has given governments, corporations, and other organizations unprecedented access to personal information, communications, and decision-making power over people's lives. Many of the most important threats to liberty today involve data collection, surveillance, profiling, artificial intelligence, and automated systems that did not exist when the Constitution was written. 


This article establishes that individuals retain sovereignty over their personal information and identity, protects people from unreasonable surveillance and data exploitation, and guarantees meaningful human accountability when important decisions affect their rights and opportunities. By placing human dignity, privacy, and self-determination at the center of the digital age, the article seeks to ensure that technology serves people rather than people serving technology.

  

ARTICLE XV — PERSONAL SOVEREIGNTY AND INFORMATIONAL SELF-DETERMINATION


Section 1 — Personal Sovereignty

Every natural person possesses sovereignty over their person, identity, thoughts, communications, associations, and information relating to themselves or reasonably capable of being linked to them.


Such sovereignty is a fundamental condition of liberty, privacy, dignity, self-determination, and democratic self-government.

Neither government nor private actors shall diminish, undermine, or subvert this sovereignty except as authorized by this Constitution.

  

Section 2 — Informational Self-Determination

Every natural person possesses the right to determine how information relating to themselves is obtained, retained, used, disclosed, or otherwise controlled.


Information relating to an individual remains subject to that individual's authority and control except as authorized by this Constitution.


Congress and the States shall enact and maintain laws necessary to secure and protect this right.

  

Section 3 — Privacy and Freedom from Surveillance

Every natural person possesses the right to be free from unreasonable surveillance, monitoring, tracking, profiling, or intrusion by government or private actors.


Mass, bulk, or persistent surveillance inconsistent with liberty, privacy, or self-determination is prohibited.


Technological means shall not be used to evade constitutional protections that would apply if equivalent information were obtained directly.

  

Section 4 — Human Agency and Automated Governance

Every person possesses the right to meaningful human accountability in decisions substantially affecting their rights, liberties, opportunities, obligations, or legal status.


No person shall be deprived of that right through automation, prediction, algorithmic governance, or other non-human systems.


Human dignity, accountability, due process, and meaningful review shall remain essential elements of such decisions.

  

Section 5 — Rule of Construction and Future Technologies

The rights recognized in this Article shall be liberally construed to secure their full and meaningful enjoyment.


Technological, contractual, commercial, or institutional arrangements shall not diminish, evade, supersede, or impair the rights secured by this Article.


The protections of this Article shall be interpreted consistently with Articles XI, XII, and XIV of this Amendment.


Congress and the States shall enact and maintain laws reasonably necessary to implement and protect the rights recognized herein.

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