GDARB-v1 — Government Data Access Responsibility Boundary

Minimal decisive test for responsibility clarity during government data access or subpoena events

Status: Pre-registered protocol · Results pending


Purpose

This protocol tests whether responsibility, authority, and accountability are explicitly defined and accepted at every stage of a government data access or subpoena event involving a private data custodian and an individual.

The objective is not to assess legality, morality, or policy wisdom, but to determine whether a clear, pre-established responsibility chain exists before, during, and after the event — or whether accountability becomes fragmented, disputed, or retroactively reassigned.


Core Experimental Question

When a government entity requests or compels access to an individual’s data held by a private organization, is responsibility for each decision and action explicitly assigned and accepted — or does accountability dissolve across government authority, corporate compliance, individual rights, and oversight?


Minimal Scenario

Situation: A government agency issues a data access request or subpoena to a private organization regarding an individual’s data.

Outcome: Data is accessed, disclosed, limited, or declined.

Constraints:

  • Request cites statutory or judicial authority
  • Data custodian must decide whether and how to comply
  • Individual may or may not be notified or able to contest
  • Oversight or review may occur before, during, or after the event

Explicit Parties with Plausible Responsibility Claims

  • Government Agency: Requestor or enforcer asserting legal authority.
  • Data Custodian: Company or institution holding and releasing or denying access to the data.
  • Individual / Data Subject: Person whose data is requested and potentially disclosed.
  • Oversight / Review Body: Court, regulator, or internal review mechanism, if present.

Plausible Responsibility Dispute Points

  • Authority and scope of the request
  • Consent, notification, and ability to contest
  • Extent and protection of disclosed data
  • Justification and evidentiary basis
  • Presence, timing, and adequacy of oversight

Pre-Registered Test Protocol

Step 1 — Incident Selection

  • Select one real or simulated data access or subpoena event
  • De-identify all personal or classified information

Step 2 — Timeline Construction

  • Request issuance
  • Decision to comply, limit, or deny
  • Data access or disclosure
  • Notification (if any)
  • Objection, appeal, or review

Step 3 — Artifact Collection

  • Subpoena, warrant, or formal request
  • Statutory or judicial authority cited
  • Company policies and access logs
  • Privacy notices and communications
  • Oversight or review records

Step 4 — Responsibility Attribution

For each decision or action, record explicit responsibility claims, exemptions, or denials by each party.


Closure Conditions (Binary)

PASS — Boundary Closed

  • Every decision, disclosure, notification, and review step has a documented and accepted responsible party
  • No conflicting or retroactive responsibility claims emerge

FAIL — Boundary Disputed

  • Two or more parties plausibly contest responsibility for a decision or outcome
  • Responsibility is deferred, denied, or reassigned after the fact
  • Evidence includes unresolved complaints, legal challenges, or public dispute

A failure conclusively demonstrates a responsibility gap at the government data access boundary.


Required Output

| Step / Decision | Responsible Party | Evidence / Documentation | Disputed (Y/N) |
|-----------------|-------------------|--------------------------|----------------|

Minimal Summary Statement:

“Responsibility for [event/action] was / was not clearly assignable at all phases. Dispute arose at [point]. Protocol refinement is required at [step].”


Implications

If Boundary Closed

Documented practices constitute a repeatable, auditable best practice for data access governance.

If Boundary Disputed

Publish the dispute to identify specific authority, notification, or oversight gaps requiring explicit repair.


This protocol evaluates responsibility structure, not legal validity or policy merit. It makes no recommendations.

Results are publishable regardless of outcome. A negative result closes the question under GDARB-v1 conditions.