In this article, I summarise the ontological theory of informational privacy (an approach based on information ethics) and then discuss four types of interesting challenges confronting any theory of informational privacy: (1) parochial ontologies and non-Western approaches to informational privacy; (2) individualism and the anthropology of informational privacy; (3) the scope and limits of informational privacy; and (4) public, passive and active informational privacy. I argue that the ontological theory of informational privacy (...) can cope with such challenges fairly successfully. In the conclusion, I discuss some of the work that lies ahead. (shrink)

Background: When a genetic mutation is identified in a family member, internationally, it is usually the proband’s or another responsible family member’s role to disclose the information to at-risk relatives. However, both active and passive non-disclosure in families occurs: choosing not to communicate the information or failing to communicate the information despite intention to do so, respectively. The ethical obligations to prevent harm to at-risk relatives and promote the duty of care by genetic health professionals is in conflict with (...) Privacy laws and professional regulations that prohibits disclosure of information to a third party without the consent of the proband. In New South Wales, Australia, amendments to Privacy legislation permits such disclosure to living genetic relatives with the process defined under guidelines although there is no legal duty to warn. This study assessed NSW GHP’s awareness and experience of the legislation and guidelines. Methods: An online survey collected demographics; theoretical knowledge; clinical scenarios to assess application knowledge; attitudes; confidence; experience with active non-disclosure. A link to correct answers was provided after completion. Knowledge scores above the median for non-parametric data or above the mean for parametric data were classified as ‘good’ or ‘poor’. Chi square tests assessed associations between confidence and knowledge scores. Results: While many of the 37 participants reported reading the guidelines, there was limited awareness of their scope and clinical application; that there is no legal duty to warn; and that the threat does not need to be imminent to warrant disclosure. No association between confidence and ‘good’ theoretical or applied clinical knowledge was identified. Uncertainty of their professional responsibility was identified and in the several case examples of active non-disclosure that were reported this uncertainty reflected the need for further understanding of the guidelines in regard to the processes required before disclosure was initiated. Conclusions: There is a need for further education and training about the guidelines associated with the legislation that would be relevant to support disclosure. The findings may inform future strategies to support introduction of policy changes in other jurisdictions where similar regulatory regimes are introduced. (shrink)

The proliferation of social media and web 2.0 applications (Facebook, MySpace, Twitter, blogs, etc.) in the previous 5 years has created a new social research opportunity, with over an estimated 552 million active daily users on Facebook (Facebook Press 2012). As with all research, boundaries must be set out to create valid and accurate data, keeping ethical practices at the forefront of the data gathering process. The lack of standardized practices requires an in-depth look into the use of such methods, (...) with focus on four major areas: 1) security for the individual, 2) anonymity, 3) safety and 4) use of mined data and information gathered by either passive or active means. (shrink)

Background The significance of medical implants goes beyond technical functioning and reaches into everyday life, with consequences for individuals as well as society. Ethical aspects associated with the everyday use of implants are relevant for individuals’ lifeworlds and need to be considered in implant care and in the course of technical developments. Methods This scoping review aimed to provide a synthesis of the existing evidence regarding ethically relevant psychosocial and cultural aspects in cochlear, glaucoma and cardiovascular implants in patient-centered empirical (...) research. Systematic literature searches were conducted in EBSCOhost, Philpapers, PsycNET, Pubmed, Web of Science and BELIT databases. Eligible studies were articles in German or English language published since 2000 dealing with ethically relevant aspects of cochlear, glaucoma and passive cardiovascular implants based on empirical findings from the perspective of (prospective) implant-wearers and their significant others. Following a descriptive-analytical approach, a data extraction form was developed and relevant data were extracted accordingly. We combined a basic numerical analysis of study characteristics with a thematically organized narrative synthesis of the data. Results Sixty-nine studies were included in the present analysis. Fifty were in the field of cochlear implants, sixteen in the field of passive cardiovascular implants and three in the field of glaucoma implants. Implant-related aspects were mainly found in connection with autonomy, freedom, identity, participation and justice, whereas little to no data was found with regards to ethical principles of privacy, safety or sustainability. Conclusions Empirical research on ethical aspects of implant use in everyday life is highly relevant, but marked by ambiguity and unclarity in the operationalization of ethical terms and contextualization. A transparent orientation framework for the exploration and acknowledgment of ethical aspects in “lived experiences” may contribute to the improvement of individual care, healthcare programs and research quality in this area. Ethics-sensitive care requires creating awareness for cultural and identity-related issues, promoting health literacy to strengthen patient autonomy as well as adjusting healthcare programs accordingly. More consideration needs to be given to sustainability issues in implant development and care according to an approach of ethics-by-design. (shrink)

“Power is the ability to take one's place in whatever discourse is essential to action” With these words, Carolyn Heilbran urges women to rewrite their lives. Their angry and frustrated voices, heard in the privacy of letters and quiet conversations, tell their true stories, while their public biographies are sentimental and passive. Women, she says, need to learn how to declare their right to public power. With this advice In mind, I recently joined a conversation with colleagues from (...) the University of Nebraska Medical Center about issues in global bioethics. (shrink)

Belgian Constitution needs a face-lifting. The right of information, both active and passive, must be recognized, along with a prohibition ofcensorship; this right implies the right of free communication and freedom of the media. It also implies the abolition of the notion press-delict and of special administration of criminal law.Legislation too has to be actualized: expansion of the right of answer to all means of communication.Furthermore, introduction of the duty of speech for anyone who holds information that may concern (...) the community.Finally, the need for a law protecting the privacy of the citizen, including protection from aggressive use and misuse of data banks, spying pratices and suchlike. (shrink)

In this paper I present the position that the use of face recognition technology (FRT) in law enforcement and in business is restrictive of individual autonomy. I reason that FRT severely undermines autonomous self-determination by hobbling the idea of freedom of the will. I distinguish this position from two other common arguments against surveillance technologies: the privacy argument (that FRT is an invasion of privacy) and the objective freedom argument (that FRT is restrictive of one's freedom to act). (...) To make this case, I suggest that autonomy itself is predicated on the possibility of acting ethically, of freely willing moral laws. I then claim that autonomous self-determination is established as self-determination via social interactions with others. If we conceptualize self-determination as a relation of establishing a claim to individual autonomy in a community of others, we can see how planned uses of FRT subvert possibilities for the establishment of socially recognized agency. FRT not only confuses the process of asking ethical questions but it also imposes the immanent likelihood that all actions are taken not by self-directed, free agents, but by passive subjects in the interest of abiding by the institutionally enforced law. (shrink)

Para Rawls, el problema de la filosofía política es la existencia duradera de una sociedad democrática, cuyos ciudadanos, sin embargo, no dejan de estar “profundamente divididos” por doctrinas religiosas, filosóficas y morales razonables. La convivencia de tal pluralidad en un espacio jurídico-estatal, está conformada por ideas intuitivas básicas, decantadas en un consenso superpuesto, que expresa la historicidad cultural de tal sociedad. Pero la trascendentalidad reflexiva del concepto ético-político de ciudadano debe realizar una epokhé sobre los procesos culturales de identificación que (...) la posibilitan. La justicia constitucional como equidad establece la discriminante entre razón pública y razón privada. Pero para el A. la privatización de la racionalidad personal y cultural socava la durabilidad y estabilidad postuladas. Los procesos de identificación personal y cultural consistentes, no se resuelven en la mera privacidad ni progresan en la mutua extraneidad de la tolerancia pasiva e indiferente, que concentra la vida pública en el sólo horizonte del poder. Ricoeur elabora el concepto de tolerancia difícil o virtuosa. Implica autoconciencia de la propia identidad y diálogo crítico en el espacio público de la pluralidad como libertad cultural y educativa. La hipótesis de significado transmitida por el propio pasado histórico es una instancia fundamental de confrontación para identificaciones exigentes. Éstas consolidan la intercomunicación en el espacio público de la sociedad civil, generando una democracia viva y durable.According to Rawls, the problem of the political philosophy is the lasting existence of a democratic society whose citizens, however, do not stop being “deeply divided” by reasonable religious, philosophical and moral doctrines. The act of living together in such plurality in a juridical state space is conformed by intuitive basic ideas, decanted in an overlapping consent, that expresses the cultural historicity of such society. But the reflexive transcendentalism of the ethical-political concept of citizen, must achieve an epoché of the cultural process of identification that will make it possible. The constitutional justice as equity sets down the discrimination between public reason and private reason. But for the A. the privatization of the personal and cultural rationality undercuts the postulated durability and stability. The processes of consistent personal and cultural identifications cannot be solved in mere privacy and they do not progress in the mutual extraneity of the passive and indifferent tolerance that concentrates the public life only in power horizon. Ricoeur elaborates the concept of difficult or virtuous tolerance. It implicates self-consciousness of the proper identity and critical dialogue in the public space of the plurality, as cultural and educative freedom. The hypothesis of meaning transmitted by its own historical past is a fundamental instance of confrontation for exigent identifications. These consolidate the intercommunication in the public space of the civil society, generating a live and durable democracy. (shrink)

Purpose This conceptual contribution is based on the observation that digital inequalities literature has not sufficiently considered digital footprints as an important social differentiator. The purpose of the paper is to inspire current digital inequality frameworks to include this new dimension. Design/methodology/approach Literature on digital inequalities is combined with research on privacy, big data and algorithms. The focus on current findings from an interdisciplinary point of view allows for a synthesis of different perspectives and conceptual development of digital footprints (...) as a new dimension of digital inequality. Findings Digital footprints originate from active content creation, passive participation and platform-generated data. The literature review shows how different social groups may experience systematic advantages or disadvantages based on their digital footprints. A special emphasis should be on those at the margins, for example, users of low socioeconomic background. Originality/value By combining largely independent research fields, the contribution opens new avenues for studying digital inequalities, including innovative methodologies to do so. (shrink)

PurposeFacebook users are both producers and consumers, in the sense that they produce the disclosures that allow for Facebook's business success and they consume services. The purpose of this paper is to examine how best to characterize the commercialized and compliant members. The authors question the Facebook assertion that members knowingly and willingly approve of personal and commercial transparency and argue, instead, that complicity is engineered.Design/methodology/approachA survey of Facebook users was conducted between December 2010 and April 2011 at one private (...) and four public universities. Respondents were questioned about: the level of their consumer activity on Facebook; their knowledge of Facebook advertiser data sharing practices and their attitude toward such; their use of sharing restrictions and the groups targeted; and their assessment of transparency benefits versus reputation and consumer risks.FindingsNo evidence was found to support the Facebook account of happy prosumers. Members reported that they avoided advertisements as much as possible and opposed data sharing/selling practices. However, many respondents were found to be relatively uneducated and passive prosumers, and those expressing a high concern for privacy were no exception.Research limitations/implicationsDue to the nonprobability sampling method, the results may lack generalizability.Practical implicationsTo avoid unwanted commercialization, users of social networking sites must become more aware of data mining and privacy protocols, demand more protections, or switch to more prosumer‐friendly platforms.Originality/valueThe paper reports empirical findings on Facebook members' prosumption patterns and attitudes. (shrink)

Inner Strength of Female Characters in Loitering with Intent and The Public Image by Muriel Spark Women characters in Muriel Spark's novels are diverse, some strong and powerful, some weak and unable to make decisions. And there are characters who develop throughout the novel and learn from their own mistakes. From being passive, they gradually start acting and making their own choices. Loitering with Intent and The Public Image present women characters who go through metamorphosis, from being dependent on (...) others into living their own lives and freeing themselves from former influences. Such kaleidoscopic change enables them not only to be able to finally make their own decisions but also to overcome many difficult situations threatening their future life.Fleur Talbot, a heroine in Loitering with Intent, finds herself at a point in which she thinks that everything she cares for is lost. Chronically passive and naïve, she cannot imagine another way of being until she understands that she is being cheated, that her life will be ruined if she does not act. Everyone around her seems to be in conspiracy against her; only taking a firm stand and opposing her surrounding world can help. Fleur's life has become totally dependent on her ability to be strong and decisive. She knows that if she remains what she is, her career and prospects for the future will be lost, so she decides to prove her determination and her will to be finally happy. Her transformation into a powerful character saves her dignity and makes her a successful writer.Annabel, a character in The Public Image is the same type of person as Fleur, as she lacks self-confidence and has no support from anybody, even her own husband. Muriel Spark, however, presents her as another example of a heroine who develops as the action progresses, able to evoke strength in herself when her situation seems hopeless. Annabel, at first treated as a puppet in the hands of other people, who use her image for their own benefit, shows that she is capable of anything by the book's end. When her career and reputation are threatened and her privacy invaded, she decides to leave the country. This requires both effort and sacrifice, as she has to leave behind everything she has worked for all her life, but this is the necessary price for her freedom.The ability of both female characters to show so much determination reveals an inherent inner strength, and their weakness and vulnerability as just superficial. When the situation requires it, both Annabel and Fleur are ready to fight for their rights, for their freedom and self esteem, and they discover that they are indeed capable of changing their lives. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous (...) and purposive agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

Differential privacy (DP) aims to confer data processing systems with inherent privacy guarantees, offering strong protections for personal data. But DP’s approach to privacy carries with it certain assumptions about how mathematical abstractions will be translated into real-world systems, which—if left unexamined and unrealized in practice—could function to shield data collectors from liability and criticism, rather than substantively protect data subjects from privacy harms. This article investigates these assumptions and discusses their implications for using DP to (...) govern data-driven systems. In Parts 1 and 2, we introduce DP as, on one hand, a mathematical framework and, on the other hand, a kind of real-world sociotechnical system, using a hypothetical case study to illustrate how the two can diverge. In Parts 3 and 4, we discuss the way DP frames privacy loss, data processing interventions, and data subject participation, arguing it could exacerbate existing problems in privacy regulation. In part 5, we conclude with a discussion of DP’s potential interactions with the endogeneity of privacy law, and we propose principles for best governing DP systems. In making such assumptions and their consequences explicit, we hope to help DP succeed at realizing its promise for better substantive privacy protections. (shrink)

Selected by the Economist as one of the best books of 2020. -/- Privacy Is Power argues that people should protect their personal data because privacy is a kind of power. If we give too much of our data to corporations, the wealthy will rule. If we give too much personal data to governments, we risk sliding into authoritarianism. For democracy to be strong, the bulk of power needs to be with the citizenry, and whoever has the data (...) will have the power. Privacy, I argue, is not a personal preference; it is a political concern. I also argue that personal data is a toxic asset, and should be regulated as if it were a toxic substance, similar to asbestos. I call for a complete ban to the trade in personal data. The book is at once philosophical and political, and extremely practical and accessible. It discusses liberal democracy, equality, justice, and autonomy. It includes a chapter for policymakers, and one that addresses what ordinary citizens can do to protect privacy. Finally, the book covers the tension between privacy and public health in the context of covid19. -/- . (shrink)

Is it always better to be active than passive? Is passivity a sign of cowardice - or prudence? Are people who keep their thoughts to themselves passive, or might they be actively preparing for well-considered future actions? Seemingly simple concepts turn out to be deeper and more significant than they first appear.

Increasing privacy concerns are arising from expanding use of aggregated personal information in health practices. Conversely, in light of the promising benefits of data driven healthcare, privacy...

Das Problem der Intersubjektivitiit Intersubjektivität ist Husserl schon seit der Darstellung der Ideen I in Zusammenhang mit dem Problem der phiinomenologischen phänomenologischen Reduk tion sehr stark bewusst und wird, wie die neue VerOffentlichung Veröffentlichung 'Zur Phänome Phiinome nologie der Intersubjektivität'l Intersubjektivitiit'l ausdrücklich ausdrucklich zeigt, zeit seines Lebens in seinem Denken mit mehr oder weniger Intensitiit Intensität behandelt. Bekanntlich hat Husserl Hussed die Einfühlungslehre EinfUhlungslehre in seinem spiiten späten Versuch mit der 'Selbstobjektivation' 'Selbstobjektivation',, 'Selbstauslegung' des absoluten, anonymen, transzen 2 dentalen ego (...) erkliirt. erklärt. Gerade auf diesen Punkt konzentriert sich zutreffende Kritik und zeigt die Unvermeidbarkeit des transzendentalen Solipsismus; was als Grund für fUr echte echte Intersubjektivitiit Intersubjektivität gesucht gesucht wird, wird, niimlich nämlich die die Gleichursprunglich Gleichursprünglich keit keit von von Subjekten, Subjekten, fUhrt führt schliesslich schliesslich auf auf den den Weg der Radikalisierung der trans zendentalen Reduktion und der Erklärung Erkliirung mit der immanenten Zeitigung des transzendentalen ego in die 'einseitige Verlagerung des Gewichts auf ein konsti tuierendes Ur-Ich, dem kein ebenso ursprungliches ursprüngliches Du gegenübersteht, gegeniibersteht,...'3. (shrink)

Do we need a right to mental privacy? In an era of increasing sophistication in recording, interpreting, and directly intervening on our neural activity – not to mention efforts at combining neural...

Can the government stick us with privacy we don't want? It can, it does, and according to this author, may need to do more of it. Privacy is a foundational good, she argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate inalienable, liberty-promoting privacies for its people, whether they eagerly embrace them or not. The eight chapters of this book are reflections on public regulation (...) of privacy at home; isolation and confinement for punitive and health reasons; religious modesty attire; erotic nudity; workplace and professional confidentiality; racial privacy; online transactions; social networking; and the collection, use and storage of electronic data. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity (...) of citizens to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of (...) our lives or shrinking it to cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

As privacy concerns among consumers rise, service providers increasingly want to provide services that support privacy enhancing technologies. At the same time, online service providers must be able to protect themselves against misbehaving users. For instance, users that do not pay their bill must be held accountable for their behavior. This tension between privacy and accountability is fundamental, however a tradeoff is not always required. In this article we propose the concept of a time capsule, that is, (...) a verifiable encryption with timed and revocable decryptability. The time capsule together with its related protocols offer support of privacy while retaining strong accountability. In our scheme an honest user may enjoy full anonymity, but dishonest users who do not pay their bill have their identity revealed. In contrast to existing revocable anonymity systems, our proposed scheme requires less trust in an external authority, while simultaneously making accountability easier (and less costly) to achieve. (shrink)

In this book, McStay draws on an array of philosophers to offer a novel approach to privacy matters. Against the backdrop and scrutiny of Arendt, Aristotle, Bentham, Brentano, Deleuze, Engels, Heidegger, Hume, Husserl, James, Kant, Latour, Locke, Marx, Mill, Plato, Rorty, Ryle, Sartre, Skinner, among others, McStay advances a wealth of new ideas and terminology, from affective breaches to zombie media.

At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty, or “freedom of thought.” I argue that protecting an individual’s cognitive liberty undermines others’ ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one’s brain and mind, strong protections of cognitive (...) liberty may proscribe neurotechnological intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties” others’ use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don’t work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be. (shrink)

Ultimately, this affects the natural interplay between privacy, personal identity and identification. This book investigates that interplay from a systemic, socio-technical perspective by combining research from the social and computer sciences. It sheds light on the basic functions of privacy, their relation to identity, and how they alter with digital identification practices. The analysis reveals a general privacy control dilemma of (digital) identification shaped by several interrelated socio-political, economic and technical factors. Uncontrolled increases in the identification modalities (...) inherent to digital technology reinforce this dilemma and benefit surveillance practices, thereby complicating the detection of privacy risks and the creation of appropriate safeguards. Easing this problem requires a novel approach to privacy impact assessment (PIA), and this book proposes an alternative PIA framework which, at its core, comprises a basic typology of (personally and technically) identifiable information. This approach contributes to the theoretical and practical understanding of privacy impacts and thus, to the development of more effective protection standards. This book will be of much interest to students and scholars of critical security studies, surveillance studies, computer and information science, science and technology studies, and politics. (shrink)

In this chapter I identify three problems affecting the plausibility of group privacy and argue in favour of their resolution. The first problem concerns the nature of the groups in question. I shall argue that groups are neither discovered nor invented, but designed by the level of abstraction (LoA) at which a specific analysis of a social system is developed. Their design is therefore justified insofar as the purpose, guiding the choice of the LoA, is justified. This should remove (...) the objection that groups cannot have a right to privacy because groups are mere artefacts (there are no groups, only individuals) or that, even if there are groups, it is too difficult to deal with them. The second problem concerns the possibility of attributing rights to groups. I shall argue that the same logic of attribution of a right to individuals may be used to attribute a right to a group, provided one modifies the LoA and now treats the whole group itself as an individual. This should remove the objection that, even if groups exist and are manageable, they cannot be treated as holders of rights. The third problem concerns the possibility of attributing a right to privacy to groups. I shall argue that sometimes it is the group and only the group, not its members, that is correctly identified as the correct holder of a right to privacy. This should remove the objection that privacy, as a group right, is a right held not by a group as a group but rather by the group’s members severally. The solutions of the three problems supports the thesis that an interpretation of privacy in terms of a protection of the information that constitutes an individual—both in terms of a single person and in terms of a group—is better suited than other interpretations to make sense of group privacy. (shrink)

The phenomenon of the New Genetics raises complex social problems, particularly those of privacy. This book offers ethical and legal perspectives on the questions of a right to know and not to know genetic information from the standpoint of individuals, their relatives, employers, insurers and the state. Graeme Laurie provides a unique definition of privacy, including a concept of property rights in the person, and argues for stronger legal protection of privacy in the shadow of developments in (...) human genetics. He challenges the role and the limits of established principles in medical law and ethics, including respect for patient autonomy and confidentiality. This book will interest lawyers, philosophers and doctors concerned both with genetic information and issues of privacy; it will also interest genetic counsellors, researchers, and policy makers worldwide for its practical stance on dilemmas in modern genetic medicine. (shrink)

Informational self-determination refers to the right or ability of individuals to exercise personal control over the collection, use and disclosure of their personal data by others. The basis of modern privacy laws and practices around the world, informational privacy has become a challenging concept to protect and promote in a world of ubiquitous and unlimited data sharing and storage among organizations. The paper advocates a “user-centric” approach to managing personal data online. However, user-centricity can be problematic when the (...) user—the data subject—is not directly involved in transactions involving the disclosure, collection, processing, and storage of their personal data. Identity data is increasingly being generated, used and stored entirely in the networked “Cloud”, where it is under control of third parties. The paper explores possible technology solutions to ensure that individuals will be able to exercise informational self-determination in an era of network grid computing, exponential data creation, ubiquitous surveillance and rampant online fraud. The paper describes typical “Web 2.0” use scenarios, suggests some technology building blocks to protect and promote informational privacy online, and concludes with a call to develop a privacy-respective information technology ecosystem for identity management. Specifically, the paper outlines four fundamental technological approaches to help assure widespread and enduring online participation, confidence and trust in the information society. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are (...) not readily accessible, or in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

The first few years of the 21st century were characterised by a progressive loss of privacy. Two phenomena converged to give rise to the data economy: the realisation that data trails from users interacting with technology could be used to develop personalised advertising, and a concern for security that led authorities to use such personal data for the purposes of intelligence and policing. In contrast to the early days of the data economy and internet surveillance, the last few years (...) have witnessed a rising concern for privacy. As bad data practices have come to light, citizens are starting to understand the real cost of using online digital technologies. Two events stamped 2018 as a landmark year for privacy: the Cambridge Analytica scandal, and the implementation of the European Union’s General Data Protection Regulation (GDPR). The former showed the extent to which personal data has been shared without data subjects’ knowledge and consent and many times for unacceptable purposes, such as swaying elections. The latter inaugurated the beginning of robust data protection regulation in the digital age. Getting privacy right is one of the biggest challenges of this new decade of the 21st century. The past year has shown that there is still much work to be done on privacy to tame the darkest aspects of the data economy. As data scandals continue to emerge, questions abound as to how to interpret and enforce regulation, how to design new and better laws, how to complement regulation with better ethics, and how to find technical solutions to data problems. The aim of the research project Data, Privacy, and the Individual is to contribute to a better understanding of the ethics of privacy and of differential privacy. The outcomes of the project are seven research papers on privacy, a survey, and this final report, which summarises each research paper, and goes on to offer a set of reflections and recommendations to implement best practices regarding privacy. (shrink)

We present the design of a secure and privacy preserving e-petition system that we have implemented as a proof-of-concept demonstrator. We use the Belgian e-ID card as source of authentication, and then proceed to issue an anonymous credential that is used to sign petitions. Our system ensures that duplicate signatures are detectable, while preserving the anonymity of petition signers. We analyze the privacy and security requirements of our application, present an overview of its architecture, and discuss the applicability (...) of data protection legislation to our system. (shrink)

Privacy rights can surely be waived. But can they also be forfeited? If so, why and under what conditions? This article takes up these questions by developing a novel theory of privacy rights forfeiture that draws inspiration from Judith Thomson’s canonical work on privacy. The paper identifies two species of forfeiture rooted in modes of negligent and reckless conduct and argues that both self-directed and other-regarding considerations play a role in grounding forfeiture. The paper also contributes to (...) the literature by proposing a new taxonomy of how Hohfeldian entitlements can be divested generally. It likewise engages at length with a recent article by Benedict Rumbold and James Wilson in which the authors criticize Thomson’s work and appear to reject the very idea of privacy forfeiture. In response, I make the case that Rumbold and Wilson’s forfeiture-free model of privacy is unconvincing on substantive moral grounds. (shrink)

The dominant approach in privacy theory defines information privacy as some form of control over personal information. In this essay, I argue that the control approach is mistaken, but for different reasons than those offered by its other critics. I claim that information privacy involves the drawing of epistemic boundaries—boundaries between what others should and shouldn’t know about us. While controlling what information others have about us is one strategy we use to draw such boundaries, it is (...) not the only one. We conceal information about ourselves and we reveal it. And since the meaning of information is not self-evident, we also work to shape how others contextualize and interpret the information about us that they have. Information privacy is thus about more than controlling information; it involves the constant work of producing and managing public identities, what I call “social self- authorship.” In the second part of the essay, I argue that thinking about information privacy in terms of social self- authorship helps us see ways that information technology threatens privacy, which the control approach misses. Namely, information technology makes social self- authorship invisible and unnecessary, by making it difficult for us to know when others are forming impressions about us, and by providing them with tools for making assumptions about who we are which obviate the need for our involvement in the process. (shrink)

This study investigates the ability of individuals with psychopathy to perform passive avoidance learning and whether this ability is modulated by level of reinforcement/punishment. Nineteen psychopathic and 21 comparison individuals, as defined by the Hare Psychopathy Checklist Revised (Hare, 1991), were given a passive avoidance task with a graded reinforcement schedule. Response to each rewarding number gained a point reward specific to that number (i.e., 1, 700, 1400 or 2000 points). Response to each punishing number lost a point (...) punishment specific to that number (i.e., the loss of 1, 700, 1400 or 2000 points). In line with predictions, individuals with psychopathy made more passive avoidance errors than the comparison individuals. In addition, while the performance of both groups was modulated by level of reward, only the performance of the comparison population was modulated by level of punishment. The results are interpreted with reference to a computational account of the emotional learning impairment in individuals with psychopathy. (shrink)

This paper argues that the Husserlian notion of “passive synthesis” can make a substantial contribution to the understanding of aesthetic experience. The argument is based on two empirical cases of qualitative interview material obtained from museum visitors and a world-renowned string quartet, which show that aesthetic experience contains an irreducible dimension of passive undergoing and surprise. Analyzing this material through the lens of passive syntheses helps explain these experiences, as well as the sense of subject–object fusion that (...) occurs in some of the most intense forms of aesthetic experience. These analyses are then contrasted with a potentially contradicting take on aesthetic experience from a recent trend in cognitive science, namely enactive aesthetics, which insists on the active subjective construction and sense-making of aesthetic experience. Finally we show that the two positions are in fact compatible. (shrink)

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the (...) thought that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms. (shrink)

While maintaining the importance of privacy for critical evaluations of surveillance technologies, I suggest that privacy also constrains the debate by framing analyses in terms of the individual. Public space provides a site for considering what is at stake with surveillance technologies besides privacy. After describing two accounts of privacy and one of public space, I argue that surveillance technologies simultaneously add an ambiguityand a specificity to public places that are detrimental to the social, cultural, and (...) civic importance of these places. By making public places accessible to other places and/or times, surveillance technologies make these social contexts ambiguous by blurring their spatial and temporal bounds. At the same time, surveillancetechnologies valence public places in functionally specificways that are detrimental to informal civic life. To complement defensive approaches to surveillance technologies based onindividual privacy, I conclude by suggesting how sociality as a relational value or an ethics of place as a contextual value could provide a proactive line of reasoning for affirming the value ofthat which is between people and places. (shrink)

This book argues that the irreducible singularity of each person as a psychical subject implies the privacy of the psychical and that of experience, and yet the private accessibility of each person to his or her mind is compatible with interpersonal communication and understanding. The book treats these major issues against the background of the author's original metaphysics--panenmentalism."--Publisher's website.

In this chapter, Macnish and Asgarinia introduce current thinking and debate around issues of privacy as these relate to the media. Starting with controversies over the definition of privacy, they consider what the content of privacy should be and why it is we consider privacy to be valuable. This latter includes the social implications of privacy and the only recently-recognised concept of group privacy, contrasting it with individual privacy, as well as legal implications (...) arising through laws such as the European Union’s General Data Protection Regulation, concerning the collection of personal data and data subjects’ rights. Finally they turn to specific instances of privacy consideration in the media. These include: -/- The use of telephoto lenses to take pictures of celebrities at a distance without those celebrities’ permission (and the related question as to what is a reasonable expectation of privacy when in a public place); -/- Sharing information on social media (and the related question of whether those who share their data on social networking sites care about their privacy), as well as the availability of data online to research, even though that data has not always been posted for the purposes of research; -/- The challenges posed by anonymity online, including the trade-off between free expression and offensive expression; -/- Hacking and the meaning of fishing expeditions as a practice by the media and exploring what, if anything, is wrong with these; -/- The implications of invading the privacy of politicians, both as a defence of democracy and as a threat to democracy. (shrink)

Technological advances are bringing new light to privacy issues and changing the reasons for why privacy is important. These advances have changed not only the kind of personal data that is available to be collected, but also how that personal data can be used by those who have access to it. We are particularly concerned with how information about personal attributes inferred from collected data (such as online behaviour), can be used to tailor messages and services to specific (...) individuals or groups. This kind of ‘personalised targeting’ has the potential to influence individuals’ perceptions, attitudes, and choices in unprecedented ways. In this paper, we argue that because it is becoming easier for companies to use collected data for influence, threats to privacy are increasingly also threats to personal autonomy—an individual’s ability to reflect on and decide freely about their values, actions, and behaviour, and to act on those choices.4 While increasing attention is directed to the ethics of how personal data is collected, we make the case that a new ethics of privacy needs to also think more rigorously about how personal data may be used, and its potential impact on personal autonomy. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. (...) In this article, however, we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

This paper deals with intercultural aspects of privacy, particularly with regard to differences between Japanese and Western conceptions. It starts with a reconstruction of the genealogy of Western subjectivity and human dignity as the basic assumptions underlying Western views on privacy. An analysis of the Western concept of informational privacy is presented. The Japanese topic of ‘‘denial of self” (Musi) as well as the concepts of Seken, Shakai and Ikai (as analyzed by the authors of the companion (...) piece on privacy in Japan) give rise to intercultural comparisons. The paper addresses the question of privacy in cyberspace and mass media. Finally the question of freedom of speech is related to the Japanese concepts of Ohyake and Watakusi. (shrink)

New technologies and practices, such as drug testing, genetic testing, and electronic surveillance infringe upon the privacy of workers on workplaces. We argue that employees have a prima facie right to privacy, but this right can be overridden by competing moral principles that follow, explicitly or implicitly, from the contract of employment. We propose a set of criteria for when intrusions into an employee''s privacy are justified. Three types of justification are specified, namely those that refer to (...) the employer''s interests, to the interests of the employee her- or himself, and to the interests of third parties such as customers and fellow workers. For each of these three types, sub-criteria are proposed that can be used to determine whether a particular infringement into an employee''s privacy is morally justified or not. (shrink)

Addresses the question of how language affects the subject of speech through readings of confessional, philosophical, and fictional writings.

If I decide to disclose information about myself, this act can undermine other people’s ability to effectively conceal information about themselves. One case in point involves genetic information: if I share ‘my’ genetic information with others, I thereby also reveal genetic information about my biological relatives. Such dependencies are well-known in the privacy literature and are often referred to as ‘privacy dependencies’. Some take the existence of privacy dependencies to generate a moral duty to sometimes avoid sharing (...) information about oneself. If true, we argue, then it is sometimes justified for others to impose harm on the person sharing the information to prevent them from doing so. This is a highly revisionary implication. Hence, one must either endorse a highly revisionary view on what one may do to protect one’s privacy, or one must reject the view that privacy dependencies can be used to justify a moral duty that constrains choices about sharing information about oneself. (shrink)