The European Union faced high risks from personal data proliferation to individuals’ privacy. Legislation has emerged that seeks to articulate all interests at stake, balancing the need for data flow from EU countries with protecting personal data: the General Data Protection Regulation. One of the mechanisms established by this new law to strengthen the individual’s control over their data is the so-called “right to be forgotten”, the right to obtain from the controller the erasure of records. In gender transition, this (...) right represents a powerful form of control over personal data, especially health data that may reveal a gender with which they do not identify and reject. Therefore, it is pertinent to discern whether the right to have personal data deleted—in particular, health data—is ethically acceptable in gender transition. Towards addressing the ethical dimensions of the right to be forgotten in this case, this study presents relevant concepts, briefly outlines history, ethics and law of records considering the evolution from paper to electronic format, the main aspects of identity construction and gender identity, and explores the relationship between privacy, data protection/information control and identity projection. Also, it discusses in gender transition the relation between “the right to self-determination”, “the right to delete”, and “the right to identity and individuality”. Conclusions on the ethical admissibility of the ‘right to be forgotten’ to control gender-affirming information are presented. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents of the principle can (...) refer to. (shrink)

This commentary contributes to philosophical reflection on the growing challenge of digital distraction and the value of attention in the digital age. It clarifies the nature of the problem in conceptual and historical terms; analyzes “freedom of attention” as an organizing ideal for moral and political theorizing; considers some constraints of political morality on coercive state action to bolster users’ attentional resources; comments on corporate moral responsibility; and touches on some reform ideas. In particular, the commentary develops a response to (...) an anti-paternalistic line of argument rooted in Mill’s Harm Principle that would oppose state regulation on the grounds that securing attentional capacities is a matter of personal responsibility alone. The commentary engages throughout with James Williams’s recent work on the attention economy by identifying areas of agreement and difference. (shrink)

The past few years have brought significant breakthroughs in understanding human genetics. This knowledge has been used to develop ‘polygenic scores’ which provide probabilistic information about the development of polygenic conditions such as diabetes or schizophrenia. They are already being used in reproduction to select for embryos at lower risk of developing disease. Currently, the use of polygenic scores for embryo selection is subject to existing regulations concerning embryo testing and selection. Existing regulatory approaches include ‘disease-based' models which limit embryo (...) selection to avoiding disease characteristics, and 'laissez-faire' or 'libertarian' models, under which embryo testing and selection remain unregulated. We introduce a novel 'Welfarist Model' which limits embryo selection according to the impact of the predicted trait on well-being. We compare the strengths and weaknesses of each model as a way of regulating polygenic scores. Polygenic scores create the potential for existing embryo selection technologies to be used to select for a wider range of predicted genetically influenced characteristics including continuous traits. Indeed, polygenic scores exist to predict future intelligence, and there have been suggestions that they will be used to make predictions within the normal range in the USA in embryo selection. We examine how these three models would apply to the prediction of non-disease traits such as intelligence. The genetics of intelligence remains controversial both scientifically and ethically. This paper does not attempt to resolve these issues. However, as with many biomedical advances, an effective regulatory regime must be in place as soon as the technology is available. If there is no regulation in place, then the market effectively decides ethical issues. (shrink)

I consider whether Mill intends for us to see the arguments that constitute his defense of the “Liberty of Thought and Discussion” in chapter 2 of On Liberty as a part of his larger case for the “harm” or “liberty” principle. Several commentators depict this chapter as a digression that interrupts the flow between his introduction of this principle in the first chapter and his exposition and defense of it in the final three. I will argue instead for a reading (...) of On Liberty on which chapter 2 is well integrated with the rest of the essay and is in fact where Mill starts constructing his case for LP. (shrink)

What is the relationship between harm and disease? Discussions of the relationship between harm and disease typically suffer from two shortcomings. First, they offer relatively little analysis of the concept of harm itself, focusing instead on examples of clear cases of harm such as death and dismemberment. This makes it difficult to evaluate such accounts in borderline cases, where the putative harms are less severe. Second, they assume that harm-based accounts of disease must be understood normatively rather than naturalistically, in (...) the sense that they are inherently value based. This makes such accounts vulnerable to more general objections of normative accounts of disease. Here we draw on an influential account of harm from the philosophy of law to develop a harm-based account of disease that overcomes both of these shortcomings. (shrink)