Privacy Rights

In this article, we identify three key design dimensions along which cryptocurrencies differ -- privacy, censorship-resistance, and consensus procedure. Each raises important normative issues. Our discussion uncovers new ways to approach the question of whether Bitcoin or other cryptocurrencies should be used as money, and new avenues for developing a positive answer to that question. A guiding theme is that progress here requires a mixed approach that integrates philosophical tools with the purely technical results of disciplines like computer science and (...) economics. Note: this article is the second entry within a two-part sequence on the Philosophy, Politics, and Economics of Cryptocurrency. (shrink)

Higher education institutions are mining and analyzing student data to effect educational, political, and managerial outcomes. Done under the banner of “learning analytics,” this work can—and often does—surface sensitive data and information about, inter alia, a student’s demographics, academic performance, offline and online movements, physical fitness, mental wellbeing, and social network. With these data, institutions and third parties are able to describe student life, predict future behaviors, and intervene to address academic or other barriers to student success (however defined). Learning (...) analytics, consequently, raise serious issues concerning student privacy, autonomy, and the appropriate flow of student data. We argue that issues around privacy lead to valid questions about the degree to which students should trust their institution to use learning analytics data and other artifacts (algorithms, predictive scores) with their interests in mind. We argue that higher education institutions are paradigms of information fiduciaries. As such, colleges and universities have a special responsibility to their students. In this article, we use the information fiduciary concept to analyze cases when learning analytics violate an institution’s responsibility to its students. (shrink)

In this paper, we defend what we call the ‘Hybrid View’ of privacy. According to this view, an individual has privacy if, and only if, no one else forms an epistemically warranted belief about the individual’s personal matters, nor perceives them. We contrast the Hybrid View with what seems to be the most common view of what it means to access someone’s personal matters, namely the Belief-Based View. We offer a range of examples that demonstrate why the Hybrid View is (...) more plausible than the Belief-Based View. Finally, we show how the Hybrid View generates a more plausible fit between the concept of privacy, and a (morally objectionable) violation of privacy. (shrink)

Cameras, microphones, and other sensors continue to proliferate in the world around us. I offer a new metaphor for conceptualizing these technologies: they are digital wormholes, transmitting representations of human persons between disparate points in space–time. We frequently cannot tell when they are operational, what kinds of data they are collecting, where the data may reappear in the future, and how the data can be used against us. The wormhole metaphor makes the mysteriousness of digital sensors salient: digital sensors have (...) brought us to a strange place. If humans are to be capable of making sensible decisions while under observation by digital sensors, we must improve the epistemic position of potential sensor subjects. (shrink)

Throughout the 20th century, market capitalism was defended on parallel grounds. First, it promotes freedom by enabling individuals to exploit their own property and labor-power; second, it facilitates an efficient allocation and use of resources. Recently, however, both defenses have begun to unravel—as capitalism has moved into its “platform” phase. Today, the pursuit of allocative efficiency, bolstered by pervasive data surveillance, often undermines individual freedom rather than promoting it. And more fundamentally, the very idea that markets are necessary to achieve (...) allocative efficiency has come under strain. Even supposing, for argument’s sake, that the claim was true in the early 20th century when von Mises and Hayek pioneered it, advances in computing have rekindled the old “socialist calculation” debate. And this time around, markets—as information technology—are unlikely to have the upper hand. -/- All of this, we argue, raises an important set of governance questions regarding the political economy of the future. We focus on two: How much should our economic system prioritize freedom, and to what extent should it rely on markets? The arc of platform capitalism bends, increasingly, toward a system that neither prioritizes freedom nor relies on markets. And the dominant critical response, exemplified by Shoshana Zuboff’s work, has been to call for a restoration of market capitalism. Longer term, however, we believe it would be more productive to think about how “postmarket” economic arrangements might promote freedom—or better yet, autonomy—even more effectively than markets, and to determine the practical steps necessary to realize that possibility. (shrink)

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

Pyrrho and colleagues (2022) argue that the loss of health privacy can damage democratic values by increasing social polarization, removing individual choice, and limiting self-determination. As a remedy, the authors propose a data-regulation regime that prohibits companies from using such data for discriminatory purposes. Our commentary addresses three issues. First, we point out an additional problematic dimension of excessive health privacy loss, namely, the potential racialization of groups and individuals that it may likely contribute to. Second, we note that, in (...) our view, the authors’ argument for more regulation rests on an invidious comparison between the realistically described status quo and the idealized picture of the imagined regulatory regime that the authors briefly propose. Third, we argue that, despite existing regulations, both private and government actors frequently use private data in ways that lead to ethically problematic outcomes, especially when it comes to racialized communities. (shrink)

This paper discusses the idea that the concept of privacy should be understood in terms of control. Three different attempts to spell out this idea will be critically discussed. The conclusion will be that the Source Control View on privacy is the most promising version of the idea that privacy is to be understood in terms of control.

There is currently intense debate about the significance of user consent to data practices. Consent is often taken to legitimate virtually any data practice, no matter how invasive. Many scholars argue, however, that user consent is typically so defective as to be ‘meaningless’ and that user privacy should thus be protected by substantive legislation that does not rely (or does not rely heavily) on consent. I argue that both views rest on serious mistakes about the validity conditions for consent. User (...) consent is sufficiently impoverished that it does not guarantee legitimacy but is not so impoverished as to be ‘meaningless’; it can legitimate data practices that are independently reasonable but not those that are exploitative. Since many valuable data practices must be consented to if they are to be legitimate (or so I argue), our privacy legislation should continue emphasizing the importance of user consent, even if auxiliary protections are also desirable. (shrink)

Most studies on the ethics of privacy focus on what others ought to do to accommodate our interest in privacy. I focus on a related but distinct question that has attracted less attention in the literature: When, if ever, does morality require us to safeguard our own privacy? While we often have prudential reasons for safeguarding our privacy, we are also, at least sometimes, morally required to do so. I argue that we, sometimes, ought to safeguard our privacy for the (...) sake of the possible wrongdoer, in order to prevent the possible wrongdoer from committing a morally defiling act that renders them worse off. I illustrate the variety of cases in which this duty binds us and contrast my view to some other claims in the literature which also purport to show that we sometimes have a duty to safeguard our own privacy. (shrink)

The fast pace of technological change necessitates new evaluative and deliberative tools. This article develops a general, functional approach to evaluating technological change, inspired by Nissenbaum’s theory of contextual integrity. Nissenbaum introduced the concept of contextual integrity to help analyze how technological changes can produce privacy problems. Reinterpreted, the concept of contextual integrity can aid our thinking about how technological changes affect the full range of human concerns and values—not only privacy. I propose a generalized concept of contextual integrity that (...) is applicable to a broader variety of circumstances, and I outline a new, general procedure for technological evaluation. Among the attractive features of the proposed approach to evaluating technological change are its context-sensitivity, adaptability, and principled presumptive conservatism, enabled by the mechanism the approach supplies for reevaluating existing practices, norms, and values. (shrink)

Trustworthiness is typically regarded as a desirable feature of national identification systems (NISs); but the variegated nature of the trustor communities associated with such systems makes it difficult to see how a single system could be equally trustworthy to all actual and potential trustors. This worry is accentuated by common theoretical accounts of trustworthiness. According to such accounts, trustworthiness is relativized to particular individuals and particular areas of activity, such that one can be trustworthy with regard to some individuals in (...) respect of certain matters, but not trustworthy with regard to all trustors in respect of every matter. The present article challenges this relativistic approach to trustworthiness by outlining a new account of trustworthiness, dubbed the expectation-oriented account. This account allows for the possibility of an absolutist (or one-place) approach to trustworthiness. Such an account, we suggest, is the approach that best supports the effort to develop NISs. To be trustworthy, we suggest, is to minimize the error associated with trustor expectations in situations of social dependency (commonly referred to as trust situations), and to be trustworthy in an absolute sense is to assign equal value to all expectation-related errors in all trust situations. In addition to outlining the features of the expectation-oriented account, we describe some of the implications of this account for the design, development, and management of trustworthy NISs. (shrink)

Surveillance studies scholars and privacy scholars have each developed sophisticated, important critiques of the existing data-driven order. But too few scholars in either tradition have put forward alternative substantive conceptions of a good digital society. This, I argue, is a crucial omission. Unless we construct new “sociotechnical imaginaries,” new understandings of the goals and aspirations digital technologies should aim to achieve, the most surveillance studies and privacy scholars can hope to accomplish is a less unjust version of the technology industry’s (...) own vision for the future. (shrink)

Writing a college-application essay has become a rite of passage for high-school seniors in the U.S., one whose importance has expanded over time due to an increasingly competitive admissions process. Various commentators have noted the disturbing evolution of these essays over the years, with an ever-greater emphasis placed on obstacles overcome and traumas survived. How have we gotten to the point where college-application essays are all too frequently competitive-victimhood displays? Colleges have an understandable interest in the disadvantages their applicants may (...) have suffered, but this interest—and the awareness of it among both applicants and their advisors—has led to a “race to the bottom”: in order to thrive (or even survive) in a particular competitive context, participants are forced to continuously lower relevant standards in a game of one-upmanship. With college essays, the competition is among high-school seniors for admission, the one-upmanship is an ever-escalating effort to persuade admission committees of one’s greater disadvantage, and the relevant standards being lowered are honesty, privacy, and dignity—or so I shall argue. As we shall see, this particular race to the bottom imposes unequal costs on certain groups and has implications stretching well beyond collegiate admissions. (shrink)

In Vayena’s article, ‘direct-to-consumer (DTC) genomics on the scales of autonomy’, she claims that there may be a strong autonomy-based argument for permitting DTC genomic services. In this response, I point out how the diminishment of one’s genetic privacy can cause a relevant autonomy-related harm which must be balanced against the autonomy-related gains DTC services provide. By drawing on conceptual connections between privacy and the Razian conception of autonomy, I show that DTC genetic testing may decrease the range of valuable (...) options individuals possess, which impacts the extent to which would-be consumers can exercise their autonomy. (shrink)

In this paper, I argue against views that equate privacy with control over self-presentation and explore some of the implications of my criticism for the online world. In section 1, I analyze the relationship between control over self-presentation and privacy and argue that, while they are both tightly connected, they are not one and the same thing. Distinguishing between control over self-presentation and privacy has important practical implications for the online world. In section 2, I investigate self-presentation online and argue (...) that, while there might be an illusion that one can self-present on one’s own terms online, that mirage often reveals itself as unrealistic because of external and internal constraints. I further argue that what is most noteworthy about self-presentation online, in contrast to self-presentation offline, is the pressure to be on display at all times. In section 3, I argue that to combat some of the negative trends we are witnessing online we need, on the one hand, to cultivate a culture of privacy, in contrast to a culture of exposure. On the other hand, we need to readjust how we understand self-presentation online. I argue that in some cases we should understand it in similar terms to how we understand advertisement or fiction. By changing our conventions online, we would be taking away some of people’s control over self-presentation by not taking their online personae at face value. (shrink)

This chapter identifies and analyzes ethical issues in video surveillance, with a focus on applications that involve video analytics and facial recognition technology. The first part of the analysis focuses on ethical issues in video analytics, which are techniques that automatically analyze preexisting or gathered video data. Ethical issues are discussed in relation to processes of identification, classification, detection, and tracking of persons. Next, facial recognition technology is discussed, particularly its use in surveillance, and its ethical challenges are investigated. Finally, (...) we focus on three advanced video analytics techniques: facial analysis, behavior analysis, and emotional analysis, which raise additional serious ethical issues. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

Most online platforms are becoming increasingly algorithmically personalized. The question is if these practices are simply satisfying users preferences or if something is lost in this process. This article focuses on how to reconcile the personalization with the importance of being able to share cultural objects - including fiction – with others. In analyzing two concrete personalization examples from the streaming giant Netflix, several tendencies are observed. One is to isolate users and sometimes entirely eliminate shared world aspects. Another tendency (...) is to blur the boundary between shared cultural objects and personalized content, which can be misleading and disorienting. A further tendency is for personalization algorithms to be optimized to deceptively prey on desires for content that mirrors one’s own lived experience. Some specific - often minority targeting -“clickbait” practices received public blowback. These practices show disregard both for honest labeling and for our desires to have access and representation in a shared world. The article concludes that personalization tendencies are moving towards increasingly isolating and disorienting interfaces, but that platforms could be redesigned to support better social world orientation. (shrink)

Over the years, several counterexamples arguably establish the limits of control-based conceptions of privacy and the right to privacy. Some of these counterexamples focus only on privacy, while the control-based conception of the right to privacy is rejected because of conceptual consistency between privacy and the right to privacy. Yet, these counterexamples do not deny the intuitions of control-based conceptions of the right to privacy. This raises the question whether conceptual consistency is more important than intuitions in determining the right (...) way to conceptualize the right to privacy. This article aims to show how the major alternative to control-based conceptions of the right privacy—that is, limited access—can be modified to make sense of, and provide alternative explanations for, these control-based intuitions. (shrink)

Recently, Ingmar Persson and Julian Savulescu argued that an action that does not violate a moral right to privacy cannot violate that right if it is extended over time. Specifically, they argue that a moral right to privacy does not protect against gawking or stalking. In this reply the reverse position is defended. Specifically, it is argued that their arguments fails on according to their own definition of the right to privacy. Furthermore, it is argued and illustrated by examples that (...) this conceptual conclusion holds for many other conceptions of the right to privacy. Moreover, it is argued that Persson and Savluescu fail to recognize the privacy-related harm extended to individuals through gawking or stalking. Lastly, the article ends by sketching how the role of privacy in public and consent relates to the given examples. (shrink)

Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind of control. The main thesis is that privacy should be analyzed in terms of source control, a notion that is adopted from discussions about moral responsibility.

Our world is under going an enormous digital transformation. Nearly no area of our social, informational, political, economic, cultural, and biological spheres are left unchanged. What can philosophy contribute as we try to under- stand and think through these changes? How does digitization challenge past ideas of who we are and where we are headed? Where does it leave our ethical aspirations and cherished ideals of democracy, equality, privacy, trust, freedom, and social embeddedness? Who gets to decide, control, and harness (...) the powers of digitization and for which purposes? Epistemologically, do most of us understand these new mediations – and thus fabrics – of our new world? Lastly – how is the new technological landscape shaping not only our living conditions but also our collective imaginary and our self-identities? (shrink)

In the age of Big Data Analytics and Covid-19 Apps, the conventional conception of privacy that focuses excessively on the identification of the individual is inadequate to safeguard the individual’s identity and autonomy. An individual’s autonomy can be impaired and their control over their social identity diminished, even without infringing the anonymity surrounding their personal identity. A century-old individualistic conception of privacy that aimed at safeguarding a person from unwarranted social interference is incapable of protecting their autonomy and identity when (...) they are targeted on the basis of their interdependent social and algorithmic group affiliations. In order to overcome these limitations, in this article, I develop a theoretical framework in the form of a triumvirate model of the group right to privacy (GRP), which is based on privacy as a social value (Pv). An individual has an interest in protecting their social identity arising out of their participation in social groups. The panoptic sorting of individuals by Big Data Analytics for behavioral targeting purposes gives rise to epistemic bubbles and echo chambers that impede the formation of an individual’s social identity. I construct the formulation of GRP1 to protect an individual’s interest in their social identity and their socially embedded autonomous self. Thereafter, I emphasize an individual’s right to informational self-determination and against algorithmic grouping in GRP2. Lastly, I highlight instances where GRP3 entitles an organized group to privacy in its own right. I develop a Razian formulation to state that Big Data Analytics’ constant surveillance and monetization of human existence is an infringement of individual autonomy. The violation of GRP subjects an individual to behavioral targeting (including hyper-targeted political advertising) and distorts their weltanschauung, or worldview. As regards Covid-19 Apps, I assert that the extraordinary circumstances surrounding the pandemic do not provide an everlasting justification for reducing an individual’s identity to a potential disease carrier. I argue that the ambivalence regarding existence of surveillance surrounding an individual’s social identity can leave them in a perpetual state of simulated surveillance (simveillance). I further assert that it is in the long-term best interests of the Big Tech corporations to respect privacy. In conclusion, I highlight that our privacy is not only interdependent in nature, but it is also existentially cumulatively interlinked. It increases in force with each successive protection. The privacy challenge posed by Covid-19 Apps has helped us realize that while limited exceptions to privacy may be carved out in grave emergencies, there is no moral justification for round-the-clock surveillance of an individual’s existence by Big Data Analytics. Similarly, the threat to privacy posed by Big Data Analytics has helped us realize that privacy has been wrongly focusing on the distinguishing aspects of the individual. It is our similarities that are truly worth protecting. In order to protect these similarities, I formulate the concept of mutual or companion privacy, which counterintuitively states that in the age of Big Data Analytics, we have more privacy together rather than individually. (shrink)

In a world that is awash in ubiquitous technology, even the least tech-savvy know that we must take care how that technology affects individuals and society. That governments and organizations around the world now focus on these issues, that universities and research institutes in many different languages dedicate significant resources to study the issues, and that international professional organizations have adopted standards and directed resources toward ethical issues in technology is in no small part the result of the work of (...) Simon Rogerson. -/- – Chuck Huff, Professor of Social Psychology at Saint Olaf College, Northfield, Minnesota -/- In 1995, Apple launched its first WWW server, Quick Time On-line. It was the year Microsoft released Internet Explorer and sold 7 million copies of Windows 95 in just 2 months. In March 1995, the author Simon Rogerson opened the first ETHICOMP conference with these words: -/- We live in a turbulent society where there is social, political, economic and technological turbulence … it is causing a vast amount of restructuring within all these organisations which impacts on individuals, which impacts on the way departments are set up, organisational hierarchies, job content, span of control, social interaction and so on and so forth. … Information is very much the fuel of modern technological change. Almost anything now can be represented by the technology and transported to somewhere else. It's a situation where the more information a computer can process, the more of the world it can actually turn into information. That may well be very exciting, but it is also very concerning. -/- That could be describing today. More than 25 years later, these issues are still at the forefront of how ethical digital technology can be developed and utilised. -/- This book is an anthology of the author’s work over the past 25 years of pioneering research in digital ethics. It is structured into five themes: Journey, Process, Product, Future and Education. Each theme commences with an introductory explanation of the papers, their relevance and their interrelationship. The anthology finishes with a concluding chapter which summarises the key messages and suggests what might happen in the future. Included in this chapter are insights from some younger leading academics who are part of the community charged with ensuring that ethical digital technology is realised. (shrink)

Algorithmic governmentality is a new form of political governance interconnected with technology and computation. By coining the term “algorithmic governmentality,” Antoinette Rouvroy argues that this mode of governance reduces everything to data, and people are no longer individuals but dividuals (able to be divided) or readable data profiles. Implementing the concept of algorithmic governmentality, the current study analyses Project Itoh’s award-winning novel Harmony in terms of such relevant concepts as “subjectivity,” “infra-individuality” and “control,” as suggested by Rouvroy and colleagues. The (...) analysis further draws on Foucault’s ideas of “governmentality” and “neoliberalism” and Deleuze’s concepts of “dividuality” and “society of control.” In Itoh’s fictional world, the entire society is subject to the new medical government, which replaced the chaotic world with a perfect but harrowing benevolent society, eradicating disease, suicide and crime. As elucidated in this paper, despite the dominant controlling government, there is a hope for humans to regain and reestablish their subjectivity and give meaning to their own personality by defying the nihilistic computational system. (shrink)

The increasingly prominent role of digital technologies during the coronavirus pandemic has been accompanied by concerning trends in privacy and digital ethics. But more robust protection of our rights in the digital realm is possible in the future. -/- After surveying some of the challenges we face, I argue for the importance of diplomacy. Democratic countries must try to come together and reach agreements on minimum standards and rules regarding cybersecurity, privacy and the governance of AI.

The purpose of this survey was to gather individual’s attitudes and feelings towards privacy and the selling of data. A total (N) of 1,107 people responded to the survey. -/- Across continents, age, gender, and levels of education, people overwhelmingly think privacy is important. An impressive 82% of respondents deem privacy extremely or very important, and only 1% deem privacy unimportant. Similarly, 88% of participants either agree or strongly agree with the statement that ‘violations to the right to privacy are (...) one of the most important dangers that citizens face in the digital age.’ The great majority of respondents (92%) report having experienced at least one privacy breach. -/- People’s first concern when losing privacy is the possibility that their personal data might be used to steal money from them. Interestingly, in second place in the ranking of concerns, people report being concerned about privacy because ‘Privacy is a good in itself, above and beyond the consequences it may have.’ -/- People tend to feel that they cannot trust companies and institutions to protect their privacy and use their personal data in responsible ways. The majority of people believe that governments should not be allowed to collect everyone’s personal data. Privacy is thought to be a right that should not have to be paid for. (shrink)

In this review, we present some ethical imperatives observed in this pandemic from a data ethics perspective. Our exposition connects recurrent ethical problems in the discipline, such as, privacy, surveillance, transparency, accountability, and trust, to broader societal concerns about equality, discrimination, and justice. We acknowledge data ethics role as significant to develop technological, inclusive, and pluralist societies. - - - Resumen: En esta revisión, exponemos algunos de los imperativos éticos observados desde la ética de datos en esta pandemia. Nuestra exposición (...) busca conectar problemas éticos típicos dentro de esta disciplina, a saber, privacidad, vigilancia, transparencia, responsabilidad y confianza, con preocupaciones a nivel social relacionadas con la igualdad, discrimi nación y justicia. Consideramos que la ética de datos tiene un rol significativo para desarrollar sociedades tecnificadas, inclusivas y pluralistas. (shrink)

This article argues that the self-management of one’s privacy is impossible due to privacy externalities. Privacy externalities are the negative by-product of the services offered by some data controllers, whereby the price to ‘pay’ for a service includes not just the provision of the user’s own personal data, but also that of others. This term, related to similar concepts from the literature on privacy such as ‘networked privacy’ or ‘data pollution’, is used here to bring to light the incentives and (...) exploitative dynamics behind a phenomenon which, I demonstrate, benefits both the user and the data controller to the detriment of third-party data subjects. Building on these novel elements and on the relevant concepts and examples found in the existing literature, this article draws a comprehensive picture of the phenomenon, and offers two promising paths to address it—better enforcing the principle of data protection by design and by default, and relying on the framework of joint controllership. (shrink)

Given recent discussions of personal privacy, or more particularly, its invasion via the internet, it is not surprising to find the issue of personal privacy emerging regarding God’s relation to our private lives. Two different and opposing views of this God-person relation have surfaced in the literature: ‘God and Privacy’ by Falls-Corbitt and Michael McLain, and ‘Privacy and Control’ by Scott Davison. I discuss key elements in both sides of this debate. Even though I will register my sympathy with both (...) sides, I claim that both fail to grasp what I call the existential depth of the God-person relationship. (shrink)

This paper looks at the development of blockchain technologies that promise to bring new tools for the management of private data, providing enhanced security and privacy to individuals. Particular interest present solutions aimed at reorganizing data flows in the Internet of Things architectures, enabling the secure and decentralized exchange of data between network participants. However, as this paper argues, the promised benefits are counterbalanced by a significant shift towards the propertization of private data, underlying these proposals. Considering the unique capacity (...) of blockchain technology applications to imitate and even replace traditional institutions, this aspect may present certain challenges, both of technical and ethical character. In order to highlight these challenges and associated concerns, this paper identifies the underlying techno-economic factors and normative assumptions defining the development of these solutions amounting to technologically enabled propertization. It is argued that without careful consideration of a wider impact, such blockchain applications could have effects opposite to the intended ones, thus contributing to the erosion of privacy for IoT users. (shrink)

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

It is argued that GDPR suffer from a practical problem of click-through consents, which developers of web browsers should resolve.

In 2017, Tom Gruber held a TED talk, in which he presented a vision of improving and enhancing humanity with AI technology. Specifically, Gruber suggested that an AI-improved personal memory (APM) would benefit people by improving their “mental gain”, making us more creative, improving our “social grace”, enabling us to do “science on our own data about what makes us feel good and stay healthy”, and, for people suffering from dementia, it “could make a difference between a life of isolation (...) and a life of dignity and connection”. -/- In this paper, Gruber’s idea will be critically assessed. Firstly, it will be argued that most of his pro-arguments for the APM are questionable. Secondly, the APM will also be criticized for other reasons, including the risks and affects to the users’ and other’s privacy and the users’ autonomy. (shrink)

Although popular, control accounts of privacy suffer from various counterexamples. In this article, it is argued that two such counterexamples—while individually resolvable—can be combined to yield a dilemma for control accounts of privacy. Furthermore, it is argued that it is implausible that control accounts of privacy can defend against this dilemma. Thus, it is concluded that we ought not define privacy in terms of control. Lastly, it is argued that since the concept of privacy is the object of the right (...) to privacy if the former cannot be defined in terms of control, neither can the latter. (shrink)

The aim of this paper is to discuss anonymity and the threats against it—in the form of deanonymization technologies. The question in the title is approached by conceptual analysis: I ask what kind of concept we need and how it ought to be conceptualized given what is really at stake. By what is at stake I mean the values that are threatened by various deanonymization technologies. It will be argued that while previous conceptualizations of anonymity may be reasonable—given a standard (...) lexical, or common-sense, understanding of the term—the concept of anonymity is not sufficient given what is really at stake. I will argue that what is at stake is our ability to be anonymous, which I will broadly characterize as a reasonable control over what we communicate. (shrink)

El análisis de la protección jurídica del consentimiento informado del paciente en los Estados Unidos de América pasa ante todo por considerar las soluciones proporcionadas por el common law, sin perjuicio de las previsiones establecidas en las diversas legislaciones estatales en la materia y la posible vía de protección constitucional, aun cuando se constatan ciertas dificultades que no han de ser consideradas insalvables. El presente artículo se propone ofrecer una revisión pormenorizada acerca del origen, la evolución y los fundamentos de (...) la protección jurídica del consentimiento informado en el ámbito asistencial ofrecida por el ordenamiento jurídico norteamericano, para posteriormente realizar un somero estudio comparativo con la regulación española. (shrink)

A standard account of privacy says that it is essentially a kind of control over personal information. Many privacy scholars have argued against this claim by relying on so-called threatened loss cases. In these cases, personal information about an agent is easily available to another person, but not accessed. Critics contend that control accounts have the implausible implication that the privacy of the relevant agent is diminished in threatened loss cases. Recently, threatened loss cases have become important because Edward Snowden’s (...) revelation of how the NSA and GCHQ collected Internet and mobile phone data presents us with a gigantic, real-life threatened loss case. In this paper, I will defend the control account of privacy against the argument that is based on threatened loss cases. I will do so by developing a new version of the control account that implies that the agents’ privacy is not diminished in threatened loss cases. (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)

Public health scholars and public health officials increasingly worry about health-related misinformation online, and they are searching for ways to mitigate it. Some have suggested that the tools of digital influence are themselves a possible answer: we can use targeted, automated digital messaging to counter health-related misinformation and promote accurate information. In this commentary, I raise a number of ethical questions prompted by such proposals—and familiar from the ethics of influence and ethics of AI—highlighting hidden costs of targeted digital messaging (...) that ought to be weighed against the health benefits they promise. (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)

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)

This paper is an overview about the state of privacy and power shifts during the pandemic, and the privacy challenges ahead.

Today’s ethics of privacy is largely dedicated to defending personal information from big data technologies. This essay goes in the other direction; it considers the struggle to be lost, and explores two strategies for living after privacy is gone. First, total exposure embraces privacy’s decline, and then contributes to the process with transparency. All personal information is shared without reservation. The resulting ethics is explored through a big data version of Robert Nozick’s Experience Machine thought experiment. Second, transient existence responds (...) to privacy’s loss by ceaselessly generating new personal identities, which translates into constantly producing temporarily unviolated private information. The ethics is explored through Gilles Deleuze’s metaphysics of difference applied in linguistic terms to the formation of the self. Comparing the exposure and transience alternatives leads to the conclusion that today’s big data reality splits the traditional ethical link between authenticity and freedom. Exposure provides authenticity, but negates human freedom. Transience provides freedom, but disdains authenticity. (shrink)

Today’s ethics of privacy is largely dedicated to defending personal information from big data technologies. This essay goes in the other direction; it considers the struggle to be lost, and explores two strategies for living after privacy is gone. First, total exposure embraces privacy’s decline, and then contributes to the process with transparency. All personal information is shared without reservation. The resulting ethics is explored through a big data version of Robert Nozick’s Experience Machine thought experiment. Second, transient existence responds (...) to privacy’s loss by ceaselessly generating new personal identities, which translates into constantly producing temporarily unviolated private information. The ethics is explored through Gilles Deleuze’s metaphysics of difference applied in linguistic terms to the formation of the self. Comparing the exposure and transience alternatives leads to the conclusion that today’s big data reality splits the traditional ethical link between authenticity and freedom. Exposure provides authenticity, but negates human freedom. Transience provides freedom, but disdains authenticity. (shrink)

Whistleblowing (WB) is the practice of reporting immoral or illegal behavior by members of a legitimate organization with privileged access to information concerning an alleged wrongdoing within that organization. A common critique of WB draws on its supposed consequence of generating a climate of mutual distrust. This wariness is heightened in the case of external WB, which may lead to weakening public trust in an organization by diminishing its credibility. Accordingly, even the defenders of WB have presented it as an (...) individual conscientious extrema ratio; the justification of WB as a dutiful practice has lost plausibility. Contrary to this view, we present WB as a specific instance of institutional and individual moral duties of public accountability in nonideal conditions. WB is thus justified as a dutiful corrective practice within a general normative theory of institutions because it qualifies the individual and institutional moral demands attached to rule-governed institutional roles. (shrink)

This paper offers a sketch of the complicated conflicts which arise—and metastasize seemingly daily—in the era of Big Data. Given the public’s ubiquitous-yet-ostensibly-voluntary data surrender, and industry’s ubiquitous-yet-ostensibly-anodyne collection of the same, inaction is not an option for any near-just society. By revisiting the philosophical basis for Panoptic apparatus, sketching the tumultuous history of US contract law trying to protect the public from itself, and comparing existing industry codes for similarly-situated—read: terrifyingly invasive—fields, the paper will provide a preliminary framework for (...) identifying and confronting the galaxy of problems associated with data analytics. (shrink)