Article XIII: Public services

Section 1: Public-service model

  1. Public services include the monetary, payment, and tax systems, portals, police, judiciary, prison services, and other services as determined by registered initiatives.
  2. Each public service shall be defined by a contract with a private operator operating under profit and loss.

Section 2: Public-service contracts

  1. Each public-service contract shall identify:
    • The service and its required outputs, outcomes, and quality.
    • The single Person who owns the business operating the service.
    • The Persons responsible for performing the obligations of the contract.
    • The objective measures used to determine performance and payment.
    • The funding formula and the tax amounts required for full funding.
    • The procedures for underfunding, breach, deregistration, termination, and replacement of the operator.

Section 3: Funding constraints

  1. Public-service funding shall be calculated according to objective and independently verifiable costs, usage, quality, outputs, or outcomes specified in the service contract.
  2. An operator's profit shall not increase merely because the operator increases its expenditure or reimbursable costs.
  3. Accurately known or retrospectively verified costs shall be reimbursed without a markup. Payments for operating the service, providing capital, achieving defined outcomes, or assuming identifiable risk shall be stated separately.
  4. Funding shall not reward unnecessary use, duplicate or operator-generated activity that provides no useful service, reduced quality, avoidable harm, or deliberate restriction of capacity.
  5. A payment based on usage shall apply only to independently verifiable useful use and shall account for associated quality requirements.
  6. Each material financial risk and any compensation for accepting it shall be identified in the service contract. Risks arising from an operator's efficiency or operational choices shall not be transferred to taxpayers after the event.

Section 4: Failure and termination

  1. A public-service contract shall define the consequences of underfunding, operator failure, breach, deregistration, and termination.
  2. A public-service contract may permit the operator to retain and accumulate tax allocations for future performance.
  3. Underfunding shall not create an entitlement to supplementary or future funding.
  4. Where continuity of a public service is required, the contract shall define an objective procedure for transferring its operation to a replacement operator.

Section 5: Privacy

  1. Public services shall not disclose personal information to another Person or organisation, whether privately or publicly, without the consent of the Person concerned, except for the restricted service access defined below and the following cases:
    1. To locate a missing Person where recorded evidence provides reasonable grounds to believe that the Person is in danger and public assistance is needed. Disclosure shall be limited to the name, image, identifying description, last known whereabouts, and circumstances needed for that assistance. Publication shall cease when the Person is located or the grounds for the appeal no longer apply. Locating a Person shall not itself authorise publication of their current whereabouts.
    2. To establish the identity of an unidentified Person who is deceased or unable to identify themselves, where public assistance is needed. Disclosure shall be limited to an image, identifying description, and the time and place where the Person was found, to the extent required for identification. Publication shall cease when identity is established.
    3. To obtain public assistance in identifying or locating a Person where recorded evidence provides reasonable grounds to suspect that the Person committed an act causing or threatening death or serious physical injury, or involving abduction or sexual violence. Disclosure shall be limited to the name, image, identifying description, relevant whereabouts, and alleged conduct needed for the appeal. The appeal shall distinguish suspicion from a finding of guilt. Publication shall cease when its identification or location purpose is achieved or the grounds for suspicion no longer apply.
    4. To warn of a specific threat where recorded evidence provides reasonable grounds to believe that a Person presents an imminent danger of death or serious physical injury and identifying the Person is needed to protect those at risk. Disclosure shall be limited to the name, image, identifying description, relevant whereabouts, and nature of the threat needed for protection. Publication shall cease when the grounds for the warning no longer apply.
  2. The exceptions in this Section are exhaustive. A public-service contract shall not create additional exceptions. Attendance at a public event shall not, by itself, authorise identification without consent. An operator making a disclosure without consent shall record its grounds and make them available for independent review. When publication must cease, the operator shall end further dissemination and remove the information from public notices and publications under its control. Material errors shall be publicly corrected without repeating unnecessary personal information.
  3. A public service may make consent to publication of specified personal information an explicit condition of using the service. The information to be published and the circumstances of publication shall be stated before the Person agrees to use the service. Consent to such publication shall not authorise publication of other personal information held by the service.
  4. Consent to a private disclosure shall specify the information, the recipient, and the permitted purpose. Use of a public service shall not, by itself, constitute consent to disclosure to an insurer, advertiser, or other third party.
  5. Restricted service access shall be limited to Persons performing identified duties in operating, securing, or independently auditing the service, or transferring its operation to a replacement operator. Each Person shall have access only to the information required for those duties and shall be bound by the same privacy obligations. Such access shall not authorise use for the recipient's own purposes or onward disclosure outside these rules.
  6. Each public-service contract shall specify the personal information required, the purposes for which it may be used, the conditions permitting access or disclosure, and the periods or conditions governing its retention and deletion. A contract shall not authorise a use prohibited by this Constitution. Permission for restricted access to personal information shall not, by itself, authorise disclosure to other recipients or to the public.
  7. Operators shall protect personal information against unauthorised access, use, alteration, and disclosure. Each contract shall provide independently verifiable safeguards and procedures for investigating and remedying breaches without unnecessarily exposing the information being protected.
  8. These obligations shall continue after termination of the contract. Personal information shall be transferred to a replacement operator only as necessary for the continued service and subject to the same privacy obligations.