This article highlights a contemporary privacy problem that falls outside the scope of dominant theoretical approaches. Although these approaches emphasize the connection between privacy and a protected personal (or intimate) sphere, many individuals perceive a threat to privacy in the widespread collection of information even in realms normally considered "public". In identifying and describing the problem of privacy in public, this article is preliminary work in a larger effort to map out future theoretical directions.

For more than thirty years an extensive and significant philosophical debate about the notion of privacy has been going on. Therefore it seems puzzling that most current authors on information technology and privacy assume that all individuals intuitively know why privacy is important. This assumption allows privacy to be seen as a liberal “nice to have” value: something that can easily be discarded in the face of other really important matters like national security, the doing of justice and the effective (...) administration of the state and the corporation. In this paper I want to argue that there is something fundamental in the notion of privacy and that due to the profoundness of the notion it merits extraordinary measures of protection and overt support. I will also argue that the notion of transparency (as advocated by Wasserstrom) is a useless concept without privacy and that accountability and transparency can only be meaningful if encapsulated in the context of privacy. From philosophical and legal literature I will discuss and argue the value of privacy as the essential context and foundation of human autonomy in social relationships. In the conclusion of the paper I will discuss implications of this notion of privacy for the information society in general, and for the discipline of information systems in particular. (shrink)

Privacy is a relational and relative concept that has been defined in a variety of ways. In this paper we offer a systematic discussion of potentially different notions of privacy. We conclude that privacy as the freedom or immunity from the judgement of others is an extremely useful concept to develop ways in which to understand privacy claims and associated risks. To this end, we develop a framework of principles that explores the interrelations of interests and values for various stakeholders (...) where privacy concerns have risen or are expected to rise. We argue that conflicts between the interests and values of different stakeholders may result in legitimate claims of privacy/transparency being ignored or underrepresented. Central to this analysis is the notion of a stakeholder. We argue that stakeholders are persons or groups with legitimate interests, of intrinsic value, in the procedural and/or substantive aspects of the privacy/transparency claim and subsequent judgements on that basis. Using the principles of access, representation, and power, which flow from our framework of analysis, we show how they can facilitate the identification of potential privacy/transparency risks using examples from the British National Health Service. (shrink)