Access to nonpublic personal data policy
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See also: Access to nonpublic personal data policy/Noticeboard
This policy was published on 6 November 2018 and came into effect on November 15, 2018. For the previous version please see the previous version
This is a user-friendly summary of the access to nonpublic personal data policy.
Disclaimer: This summary is not a part of the access to nonpublic personal data policy and is not a legal document. It is simply a handy reference for understanding the full access to nonpublic personal data policy. Think of it as the user-friendly interface.
Because we believe that the privacy of the Wikimedia community is essential, community members with access to nonpublic personal data may only release information under certain circumstances, such as:
Because we believe that safeguarding the privacy of the Wikimedia community is an important Wikimedia value, those who have access to nonpublic personal data need to:
Because we value the community members who take on this critical role in the safeguarding of the Wikimedia Sites and its users and want to protect their privacy, we promise to:
Keep confidential and secure their contact information and confidentiality agreement
Purpose
Wikimedia Sites (the “Sites”) are the product of a global community of volunteer contributors and editors. This dedicated group of individuals not only writes and curates content on the Sites, they also help ensure the safety of the Sites and its users as well as compliance with applicable policies. To manage this immense task effectively, certain community members are entrusted with access to limited amounts of nonpublic personal information regarding other users (“Nonpublic Personal Data”). For example, a community member who has “checkuser” rights could use those rights to investigate whether a single user is using multiple accounts in a manner inconsistent with Wikimedia policies. The purpose of this “Access to Nonpublic Personal Data Information” policy (the “Policy”) is to:
Community members covered by this Policy
This Policy applies to any community member to whom the Wikimedia Foundation has granted access to Nonpublic Personal Data covered by the Privacy Policy (“Designated Community Member”), including:
For illustrative purposes only, some examples of Designated Community Members include: OTRS administrators, email response team members, and Stewards. This Policy does not apply to users whose rights only include the ability to view standard deleted revisions. This Policy also does not apply to Wikimedia Foundation employees or contractors who act in their professional capacity because they are already subject to other confidentiality agreements that are as or more protective than this Policy.
Minimum requirements for Designated Community Members applying for access to nonpublic information rights
The following conditions are minimum requirements that all Designated Community Members must meet before being granted access to Nonpublic Personal Data ("access rights"). These conditions should also be considered requirements to be a candidate for any community-run selection process for a role that would convey such access rights. The community may require candidates for access rights to meet additional community-specified criteria on a case-by-case or role-by-role basis.
(a) Minimum age. Access to nonpublic information requires maturity because of the significant responsibilities that come along with confidentiality obligations. For this reason, any community member who applies for access rights must:
(b) Valid, linked email address. In order to ensure that we can contact the individuals who take on these important roles, any community member who applies for access rights must:
(c) Confidentiality. To ensure that community members with access rights understand and commit to keeping the Nonpublic Personal Data confidential, they will be required to read and certify that they agree to a short Confidentiality Agreement that outlines:
(d) Privacy. In consideration of the privacy of Designated Community Members, any personal information submitted by Designated Community Members to the Wikimedia Foundation as part of their application process or otherwise under this Policy is subject to the Wikimedia Foundation's Privacy Policy and Data Retention Guidelines.
(e) Submission timeline. Any community member who has been granted access rights at the time this Policy becomes effective must meet the requirements of Sections (a) - (c) of this Policy within ninety (90) calendar days of the date this Policy becomes effective. The Wikimedia Foundation may, at its sole discretion, extend the compliance period for individual community members as needed.
Any community member who has not met the requirements of Section (a) - (c) of this Policy by the deadline above should anticipate having their access rights revoked until they have submitted the required information.
Use and disclosure of nonpublic information
Designated Community Members provide valuable services to the Sites and its users – they fight vandalism, respond to helpdesk emails, ensure that improperly disclosed private data is removed from public view, confirm license permissions, investigate sockpuppets, improve and debug software, and much more. But Designated Community Members’ use of access rights is limited to certain circumstances and contexts. This section elucidates the situations in which access rights may be used and Nonpublic Personal Data may be disclosed to third parties.
(a) Use of access rights and Nonpublic Personal Data. All Designated Community Members may only use their access rights and the subsequent information they access in accordance with the policies that govern the tools they use to gain such access. For example, community members with access to the CheckUser tool must comply with the global CheckUser Policy, and, unless they are performing a cross-wiki check, they must also comply with the more restrictive local policies applicable to the relevant Site. Similarly, community members with access to the Suppression tool may only use the tool in accordance with the Suppression Policy. When a Designated Community Member’s access to a certain tool is revoked, for any reason, that member must destroy all Nonpublic Personal Data that they have as a result of that tool.
(b) Disclosure of nonpublic information. In the course of keeping the Sites and its users safe, Designated Community Members must sometimes disclose Nonpublic Personal Data to third parties. Disclosures of Nonpublic Personal Data are limited to:
(i) other Designated Community Members with the same access rights, or who otherwise are permitted to access the same Nonpublic Personal Data, to fulfill the duties outlined in the applicable policy for the access tool used;
(ii) service providers, carriers, or other third party vendors to assist in the targeting of IP blocks or the formulation of a complaint to relevant Internet Service Providers;
(iii) law enforcement, in cases where there is an immediate and credible threat of serious bodily harm;
(iv) authorized parties, with the express permission of the user whose nonpublic information is to be disclosed; or
(v) the public, when it is a necessary and incidental consequence of blocking a sockpuppet or other abusive account.
While Designated Community Members may disclose Nonpublic Personal Data to third parties under the circumstances described above, they are under no obligation by the Foundation to do so. Please note, however, if a Designated Community Member chooses to disclose in a situation covered by (ii), or (iv), or if they are required by law to disclose to law enforcement, administrative bodies, or other governmental agencies, they must secure written approval from the Wikimedia Foundation by emailing
check-disclosure
wikimedia.org
an explanation of the proposed disclosure at least ten (10) business days prior to such anticipated disclosure.
In the event that a Designated Community Member receives a request for Personal Data from law enforcement regarding a immediate and credible threat of bodily harm, as described above in (iii), and the Designated Community Member chooses to disclose Personal Data, they are permitted to do so without pre-authorization however that Designated Community Member should immediately contact
check-disclosure
wikimedia.org
with an explanation of the disclosure. If the Designated Community Member chooses not to disclose Personal Data in response to an emergency request from law enforcement, that Designated Community Member should immediately email
emergency
wikimedia.org
with details of the request so that it can be evaluated for possible Foundation disclosure.
All other formal and informal requests for user Nonpublic Personal Data (i.e. those not covered by one of the situations described above or those not acted upon by a community member with access rights), including subpoenas, from law enforcement, government agencies, attorneys, or other third parties should be directed to the Wikimedia Foundation’s legal department at
legal
wikimedia.org
.
Privacy-related pages
Privacy policy FAQ Glossary of key termsSubpoena FAQ Data retention guidelinesAccess to nonpublic personal data Confidentiality agreementHow to sign Underage exemptionsDonor privacy policy
Last edited on 2 June 2021, at 13:48
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