[Linux-aus] Constitutional background and towards a reformed constitution for Linux Australia

[Simon Lees]

On 1/4/23 09:11, Marcus Herstik wrote:
>>
>> Reason Three:
>> I'm less sure that this is necessarily a reason that needs to be listed in the constitution but the fact its there means we don't really need to think about it.
>>
>> As far as I can tell the constitution doesn't list anywhere else what the committee and or any sub committees can equally do with the membership data. Other than that they are members and as such can request it.
> 
> We are all equal members, some just have more responsibilities than others.
> We should also consider incorporating if we aren’t already. If I am not on the council after election they should talk to a lawyer as to why.
> 
>> Without the clause as currently written if say Linux Australia created a sub committee to review a certain topic and say this subcommittee was made up of non regular committee members, it isn't immediately obvious under current or maybe future privacy laws whether a member of such a sub committee or even a member of the current committee could use that membership information to send out a questionnaire or survey related to there review.
>>
> 
> Members of the org can ask for membership information - there is no restriction on the constitution as to reasoning. Therefore, if they are a sub-committee they can request it from the secretary and get it.
> Use is covered by disciplinary actions available.
> 
>> It would be reasonably simple to address this should that section be removed by adding a line saying that the committee may approve use of the data for sending other material relating to the association if it is deemed reasonable. (Not in those exact words but that idea worded in a way that ties in with the rest of the constitution).
>>
> 
> While I don’t think you envisage it being abused, it must never be up to be leadership to approve or deny the ability of its members to discuss things. Especially as it can be used to limit discussion of issues with the leadership or the organisation’s direction.

I tend to agree with you here, my email was mostly just trying to point 
out the other effects that Wil's proposed change would have and 
providing some possible suggestion of changes that would need to go 
alongside it.

At the end of the day if someone requests the data and uses it for a 
reason not listed in the constitution it is a violation of NSW Law and 
they could be charged and prosecuted.

Cheers

Simon