That's a complicated question I'd like to see settled via legislation and in courts interpreting (and sometimes overturning) these laws rather than in a private corporation's compliance and/or PR department.
It definitely should not be determined by corporations because they not elected and almost untouchable by the individuals affected.
The state is a less bad alternative but bad (unintentionally harmful) and malicious (intentionally harmful) decisions are generally not punished either.
When people set rules which affect others, they should also be held accountable.
And in general, rules limiting a person's behavior should only exist when that behavior can be _proven_ to be harmful.
They should be determined by individuals capable of critical and logical thinking and without anything personal to gain from the rules.
They should not be determined by individuals who have antisocial traits or who are indoctrinated into various belief systems which are founded on preferential treatment (such as religion).
It definitely should not be determined by corporations because they not elected and almost untouchable by the individuals affected.
The state is a less bad alternative but bad (unintentionally harmful) and malicious (intentionally harmful) decisions are generally not punished either.
When people set rules which affect others, they should also be held accountable.
And in general, rules limiting a person's behavior should only exist when that behavior can be _proven_ to be harmful.
They should be determined by individuals capable of critical and logical thinking and without anything personal to gain from the rules.
They should not be determined by individuals who have antisocial traits or who are indoctrinated into various belief systems which are founded on preferential treatment (such as religion).