Article XII — Technology, Privacy, and Digital Rights
(Constitution of New Persia 1.0)
Technological progress shall serve human liberty, not threaten it.
The fundamental rights of citizens shall not be diminished by advances in technology, artificial intelligence, surveillance, or digital finance.
Section 1.
Right to Privacy
Citizens shall have an inviolable right to privacy in their persons, homes, papers, data, communications, and biometric information.
No government entity shall collect, store, or analyze personal data without a specific warrant supported by probable cause.
Section 2.
Biometric Freedom
No universal biometric registry of law-abiding citizens shall be established or maintained by the government.
The collection of facial scans, voiceprints, DNA, retina scans, or other biometric data from citizens shall require individual consent or judicial process based on probable cause of a specific crime.
Section 3.
Prohibition of Mass Surveillance
Warrantless mass surveillance, bulk data collection, or any form of indiscriminate monitoring of citizens’ communications, location, or online activity is strictly prohibited.
Section 4.
Protection Against AI Tyranny
No government shall deploy artificial intelligence systems to conduct predictive policing, social scoring, behavioral manipulation, or preemptive restriction of individual liberty. The use of AI to restrict rights based on predicted behavior is forbidden.
Section 5.
Human Accountability for Automated Decisions
No citizen shall be deprived of life, liberty, property, employment, licenses, benefits, or legal rights solely by automated or algorithmic decision.
A human decision-maker shall remain accountable for all governmental actions affecting constitutional rights.
Section 6.
Freedom of Speech and Digital Platforms
No government official or governmental entity shall induce, encourage, coerce, coordinate with, or otherwise pressure any digital platform to censor, suppress, deplatform, demote, or restrict lawful speech.
Any such action shall be deemed state action and subject to the full protections of this Constitution.
Section 7.
Right to Encryption and Anonymity
Citizens shall have the right to use strong encryption and anonymous communication. The government shall not mandate encryption backdoors, weaken encryption standards, or compel the disclosure of private keys except pursuant to due process and a lawful judicial order specifically identifying the individual and information sought.
Section 8.
Data Ownership and Deletion
Citizens own their personal data.
Any collection, storage, or use of personal data requires explicit, informed, revocable consent.
Citizens shall have the right to demand the deletion of personal data held by government entities that is no longer lawfully required for judicial, legislative, property, tax, or public-record purposes.
Section 9.
Digital Property Rights
Digital property shall enjoy the same constitutional protection as physical property.
No citizen shall be deprived of lawfully owned digital assets, accounts, cloud storage, records, communications archives, or electronic property without due process of law.
Section 10.
Prohibition of Digital Authoritarianism
The creation of any social credit system, or any government-issued digital currency containing programmable restrictions capable of limiting lawful purchases, travel, speech, association, political activity, or religious exercise, is strictly prohibited.
Section 11.
Freedom from Mandatory Digital Participation
No citizen shall be compelled to participate exclusively in digital systems as a condition of exercising constitutional rights, engaging in lawful commerce, accessing government services, or participating in civic life.
Reasonable non-digital alternatives shall remain available.
Section 12.
Emergency Powers Limitation
The protections established in this Article shall not be suspended during any state of emergency except as expressly authorized under the narrow limitations set forth in Article IX of this Constitution.
Section 13.
Due Process in the Digital Age
No citizen shall be subjected to algorithmic judgment, de-banking, travel restrictions, or any punitive digital measure without due process of law, including the right to a fair hearing before an impartial tribunal.