This is a frustrating book: on the one hand, it promises a new outlook on the philosophy of privacy, based upon the work of Luciano Floridi and Baruch Spinoza, which is a welcome extension of the sources used to think about privacy in contemporary political philosophy; on the other hand, it virtually ignores the existing literature on the philosophy and law of privacy. As the presentation of the legal and philosophical issues tends to be schematic, it is quite difficult to (...) know what the book offers by way of additions and corrections to the larger literature on privacy. The book has a bibliography after each chapter, which makes it hard to assess the sources overall, and to find references, unless you remember the chapter in which they occurred. This reinforces the sense that what is presented as a monograph is really a set of independent essays or lectures which, while individually interesting, do not give the reader a clearer sense of the way legal and philosophical issues about privacy fit together. [First paragraph]. (shrink)

Recently, Jakob Thraine Mainz and Rasmus Uhrenfeldt defended a control-based conception of a moral right to privacy —focusing on conceptualizing necessary and jointly sufficient conditions for a privacy right violation. This reply comments on a number of mistakes they make, which have long reverberated through the debate on the conceptions of privacy and the right to privacy and therefore deserve to be corrected. Moreover, the reply provides a sketch of a general response for defending the limited access conception of the (...) right to privacy against control-based intuitions. (shrink)

The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be inherently private. Nevertheless, modern neuroscience is offering to open up the sanctity of this domain to outside viewing. A common retort often voiced to this worry is something like, ‘Privacy is difficult to define and has no inherent moral value. What’s so great about privacy?’ In this article I will argue against these sentiments. A definition of privacy is offered along with an account of (...) why privacy is morally valuable. In the remaining sections, several privacy protecting principles are defended that would limit various sorts of neuro-surveillance promised by advancements in neuroscience. (shrink)

Governments must keep agricultural systems free of pests that threaten agricultural production and international trade. Biosecurity surveillance already makes use of a wide range of technologies, such as insect traps and lures, geographic information systems, and diagnostic biochemical tests. The rise of cheap and usable surveillance technologies such as remotely piloted aircraft systems presents value conflicts not addressed in international biosurveillance guidelines. The costs of keeping agriculture pest-free include privacy violations and reduced autonomy for farmers. We argue that physical and (...) digital privacy in the age of ubiquitous aerial and ground surveillance is a natural right to allow people to function freely on their land. Surveillance methods must be co-created and justified through using ethically defensible processes such as discourse theory, value-centred design and responsible innovation to forge a cooperative social contract between diverse stakeholders. We propose an ethical framework for biosurveillance activities that balances the collective benefits for food security with individual privacy: establish the boundaries of a biosurveillance social contract; justify surveillance operations for the farmers, researchers, industry, the public and regulators; give decision makers a reasonable measure of control over their personal and agricultural data; and choose surveillance methodologies that give the appropriate information. The benefits of incorporating an ethical framework for responsible biosurveillance innovation include increased participation and accumulated trust over time. Long term trust and cooperation will support food security, producing higher quality data overall and mitigating against anticipated information gaps that may emerge due to disrespecting landholder rights. (shrink)

This paper argues that individuals do, in a sense, own or have exclusive claims to control their personal information and body parts. It begins by sketching several arguments that support presumptive claims to informational privacy, turning then to consider cases which illustrate when and how privacy may be overridden by public health concerns.

The paper outlines a new interpretation of informational privacy and of its moral value. The main theses defended are: (a) informational privacy is a function of the ontological friction in the infosphere, that is, of the forces that oppose the information flow within the space of information; (b) digital ICTs (information and communication technologies) affect the ontological friction by changing the nature of the infosphere (re-ontologization); (c) digital ICTs can therefore both decrease and protect informational privacy but, most importantly, they (...) can also alter its nature and hence our understanding and appreciation of it; (d) a change in our ontological perspective, brought about by digital ICTs, suggests considering each person as being constituted by his or her information and hence regarding a breach of one’s informational privacy as a form of aggression towards one’s personal identity. (shrink)

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)

In this paper, we employ Extended Cognition as a background for a series of thought experiments about privacy and common used information technology devices. Laptops and smart phones are now widely used devices, but current privacy standards do not adequately address the relationship between the owners of these devices and the information stored on them. Law enforcement treats laptops and smart phones are potential sources of information about criminal activity, but this treatment ignores the use of smart devices as extensions (...) of users’ cognitive capability. In Philosophy of Mind, Extended Cognition is a metaphysical theory about the relationship between consciousness or cognitive activity and various external tools or aids that agents employ in the service of cognition. Supporters of Extended Cognition argue that mental activity must be understood as taking place both within the brain and by way of tools such as a logician’s pen and paper, a mathematician’s calculator, or a writer’s word processing program. While Extended Cognition does not have universal support among philosophers of mind, the theory nevertheless describes how agents interact with their “smart devices.” We explore the the implications of taking Extended Cognition seriously with regard to privacy concerns by way of a series of thought experiments. By comparing the differences in expectations of privacy between a citizen and the government, between an employee of a corporate firm, and between citizens alone, we show that expectations of privacy and injury are significantly affected by taking the cognitive role of smart devices into account. (shrink)

With the advent of social networking websites, privacy concerns have reached a new high. One particularly problematic concern entails employers requesting login credentials to popular social media platforms. While many people may consider this request unethical, they may not agree on the reasons it is unethical. One reason may be to blame the behavior on egoism. Egoism, however, comes in multiple flavors, not all of which would agree that violating privacy is acceptable. In this paper, we articulate how one egoist (...) perspective provides a defense of privacy in the face of unjust information access requests. Objectivism, the philosophy of Ayn Rand, offers an egoist approach to ethics that values individual privacy on rational, self-interested grounds. By applying Objectivist principles to a business context, we observe that businesspeople should not violate other people’s privacy for short-term gains. Furthermore, we observe that privacy can be protected without distinct right to privacy. Rather, Objectivism’s conception of rational self-interest suggests that long-term flourishing is the proper end of individuals and businesses, predicated on, among other things, respecting privacy and enforcing individual rights. (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)

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)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through providing a definition (...) of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the use (...) of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

The paper critically engages with some of the normative arguments in Julian Savulescu and Ingmar Persson’s book Unfit for the Future. In particular, it scrutinizes the authors’ argument in denial of a moral right to privacy as well as their political proposal to alter humankind’s moral psychology in order to avert climate change, terrorism and to redress global injustice.

In the literature on social research, adherence to the principle of informed consent is sometimes recommended on the ground that the privacy of those being studied is hereby protected. The principle has it that before becoming part of a study, a competent individual must receive information about its purpose, use, etc., and on this basis freely agree to participate. Joan Sieber motivates the employment of informed consent as a way to safeguard research participants' privacy as follows: "A research experience regarded (...) by some as a delightful opportunity for self-disclosure could constitute an unbearable invasion of privacy for... (shrink)

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is (...) the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

Let us show how property is grasped as an institutional fact. If Jones steals a computer, he does not own it in the sense of property, but only exercises control towards it. If he buys the computer, he controls it too, and moreover owns it in the sense of property. In other words, simply exercising control towards something is a brute fact. This control counts asproperty only in a certain context: the computer counts as Jones’s property only if he got (...) it through a licit transfer. This is why property is not a brute fact, and is therefore an institutional fact. The same kind of reasoning applies to privacy. When a personal information P about Jones is openly diffused, it seems that P becomes public. From this point of view, a violation of privacy equates to a publication. The problem about this account is the following: who would call “publication of a book” the hacking of it on its author’s computer? No one, because the word “publication” is an institutional word that only refers to a licit diffusion. Considering this answer, we may conclude as follows: if the diffusion of P is illicit, P still countsas private, even if everyone knows about it. If that conclusion is true, privacy is an institutional fact. (shrink)

This paper defends the thesis that privacy as a right is derived from fundamental rights to life, liberty, and property and does not permit restricting the commodification of bodily material; however, privacy as life, liberty, property does require conventions that ensure a robust and just market in bodily material. The analysis proceeds by defending a general commitment to liberty and markets, but not in the manner one might expect from a ‘doctrinaire’ libertarian. Ethical concerns about commodification are legitimate in the (...) context of new medical and information technologies, but these concerns are not sufficiently well defined to justify political conclusions, since not every ethical concern is in itself a political concern, and the best way to resolve certain ethical difficulties is to draw up political boundaries that facilitate the discovery and testing of various solutions to our ethical puzzles. To illustrate the point, I will indicate how privacy as life, liberty, property defines such a dynamic solution to the problems of commodification of human bodily material and slippery information in insurance markets. (shrink)

Separation-based accounts of privacy define privacy as being left alone and unaccessed. Pyrrho et al. propose a more control-based account where privacy is about having the age...

Empirical evidence suggests that while people hold the capacity to control their data in high regard, they increasingly experience a loss of control over their data in the online world. The capacity to exert control over the generation and flow of personal information is a fundamental premise to important values such as autonomy, privacy, and trust. In healthcare and clinical research this capacity is generally achieved indirectly, by agreeing to specific conditions of informational exposure. Such conditions can be openly stated (...) in informed consent documents or be implicit in the norms of confidentiality that govern the relationships of patients and healthcare professionals. However, with medicine becoming a data-intense enterprise, informed consent and medical confidentiality, as mechanisms of control, are put under pressure. In this paper we explore emerging models of informational control in data-intense healthcare and clinical research, which can compensate for the limitations of currently available instruments. More specifically, we discuss three approaches that hold promise in increasing individual control: the emergence of data portability rights as means to control data access, new mechanisms of informed consent as tools to control data use, and finally, new participatory governance schemes that allow individuals to control their data through direct involvement in data governance. We conclude by suggesting that, despite the impression that biomedical big data diminish individual control, the synergistic effect of new data management models can in fact improve it. (shrink)

What is privacy? What does privacy mean in relation to biobanking, in what way do the participants have an interest in privacy, (why) is there a right to privacy, and how should the privacy issue be regulated when it comes to biobank research? A relational view of privacy is argued for in this article, which takes as its basis a general discussion of several concepts of privacy and attempts at grounding privacy rights. In promoting and protecting the rights that participants (...) in biobank research might have to privacy, it is argued that their interests should be related to the specific context of the provision and reception of health care that participation in biobank research is connected with. Rather than just granting participants an exclusive right to or ownership of their health information, which must be waived in order to make biobank research possible, the privacy aspect of health information should be viewed in light of the moral rights and duties that accompany any involvement in a research based system of health services. (shrink)

El derecho a la privacidad está en el centro de muchos de los debates públicos actuales. Sin embargo, a pesar de la extensa literatura filosófica y jurídica sobre el tema, no contamos con una explicación adecuada del sentido y del valor de la privacidad. Esta falta de acuerdo sobre cuestiones conceptuales y normativas ha llevado a algún autor a hablar del ‘caos de la privacidad’. Este artículo se centra en la exploración conceptual de la privacidad. Para ello, en primer lugar, (...) consideraré cómo el derecho a la privacidad fue formulado por primera vez en el célebre artículo de Warren y Brandeis. Segundo, en la medida en que el derecho a la privacidad es sistemáticamente traducido en español como ‘derecho a la intimidad’, resulta crucial analizar con cuidado la confusa relación entre intimidad y privacidad. Con este fin, en las dos últimas secciones del trabajo discutiré algunas explicaciones de cómo trazar la distinción entre ambas nociones y cómo entender su intrincada relación. (shrink)

Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that even if our individual emissions cause no harm to others, these emissions cross other people’s boundaries, although the boundary-crossings that are due to our ‘subsistence emissions’ (...) are implicitly consented to by others, there is no such consent to our ‘non-subsistence emissions’, and there is no independent justification for these emissions. Although offsetting would provide such a justification, most emitters do not offset their non-subsistence emissions. Therefore, these emissions violate people’s rights, which means that they are impermissible according to libertarianism’s non-aggression principle. (shrink)

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

The papers in this special thematic issue of HEC Forum critically and carefully explore key issues at the intersection of patient privacy and commodification. For example, should hospitals be required to secure a person’s consent to any possible uses to which his discarded body parts might be put after his treatment or should it only be concerned with securing his informed consent to his treatment? Should a hospital be required to raise the possibility of the commodification of such body parts, (...) or should it only be required to address this issue if the patient asks about it? Should persons be paid to engage in medical research, or should they only be compensated for their time, on the grounds, perhaps, that such payment would be coercive or exploitative, for it might move some persons to agree to participate in research who otherwise would not have done? This number of HEC Forum illustrates the widespread implications of these issues upon which healthcare ethics committees are called to deliberate. (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of privacy. Using (...) an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

This essay critically analyzes Luciano Floridi’s ontological theory of informational privacy. Organized into two main parts, Part I examines some key foundational components of Floridi’s privacy theory and it considers some of the ways in which his framework purports to be superior to alternative theories of informational privacy. Part II poses two specific challenges for Floridi’s theory of informational privacy, arguing that an adequate privacy theory should be able to: (i) differentiate informational privacy from other kinds of privacy, including psychological (...) privacy; and (ii) distinguish between descriptive and normative aspects of informational privacy in a way that differentiates a (mere) loss of privacy from a violation of privacy. I argue that Floridi’s privacy theory, in its present form, does not explicitly address either challenge. However, I also argue that his ontological theory provides us with a novel way of analyzing the impact that digital technologies have had for informational privacy. I conclude by suggesting that Floridi’s privacy framework can be interpreted as containing the elements of a “personality theory of privacy,” which would be useful to examine in a separate study. (shrink)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over personal (...) data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

ABSTRACTThe main objective of this study is to discuss the ramifications of considering privacy as a public good for business organizations. Using an extensive literature review, an attempt to achieve this objective is made by trying to answer the following questions: What are the historical and philosophical roots of privacy? How is the concept of privacy defined and what are the controversies surrounding different definitions of privacy? Does an individual have a right to privacy? If the answer to question three (...) is in affirmative, what are the philosophical and legal foundations of that right? How can an individual's privacy be invaded? Is privacy right an individual right or does it have a societal value? What are the reasons for considering privacy as a public good? Finally, the article offers prescriptive insights for organizations to successfully obtain information from consumer while respecting their privacy. (shrink)

The American Journal of Bioethics, Volume 11, Issue 11, Page 44-45, November 2011.

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)

Privacy is something we all want. We seek privacy to prevent others from securing information about us that is immediately embarrassing, and so causes us pain but not material loss. We also value privacy for strategic reasons in order to prevent others from imposing material and perhaps psychic costs upon us. I use the expression “securing information” so that it covers everything from the immediate sensory data that a voyeur acquires to the financial data a rival may acquire about our (...) businesses. In the degenerate case of the Peeping Tom's invasion of our privacy, suffering is caused just by the voyeur's having acquired the information, even if nothing is ever done with it beyond the voyeur's recalling it from time to time. In all other cases, privacy prevents others from imposing costs or harms on us in ways that require that they secure information about us. (shrink)

This article joins in and extends the contemporary debate on the right to privacy. We bring together two strands of the contemporary discourse on privacy. While we endorse the prevailing claim that norms of informational privacy protect the autonomy of individual subjects, we supplement it with an argument demonstrating that privacy is an integral element of the dynamics of all social relationships. This latter claim is developed in terms of the social role theory and substantiated by an analysis of the (...) role of privacy in intimate relationships, in professional relationships and in social interactions between strangers in public. We conclude by arguing that it is not always reasonable to assume a conflict between individual privacy on the one hand and society on the other. Legislators and participants in public debate also have to take into account the consequences of limiting privacy on social interaction and the integration of the society. (shrink)

What marks the traditional privacy torts of disclosure, intrusion, false light, and appropriation is that they require an invasion, an intrinsic harm caused by someone doing something to us without our consent. But we are now voluntarily giving up information about ourselves--to our physicians, for instance--that is being gathered into databases that are brought and sold and that can be appropriated by those who wish to assume our identities. The way in which our privacy is put at risk is different, (...) and this leads to a new understanding of the concept of privacy. Others appropriate our identities, treating us as objects; by doing so, our standing as autonomous moral agents, controlling how we present ourselves to the world, is thus denied. (shrink)

It has often been argued that one of the reasons why we should value privacy is that it enables self-presentation and impression management. According to this approach, it is valuable to be able to govern the impression one gives, as the capacity to govern impressions is an instrument by which people take care of their various social relationships. In this paper I will take a closer look at that approach on privacy, with specific reference to the alleged threats to privacy (...) created by brain imaging technologies. I will argue that brain imaging can threaten our capacity for self-presentation, but that the link between privacy and self-presentation is only contingent, although their relation is strong. The conclusion is that brain privacy cannot be grounded only on the importance of self-presentation, although self-presentation provides an important reason for respecting the privacy of our inner lives. (shrink)

Computer programs are used to obtain and store information about the online activities of users of the web. Many people are concerned about this practice because they believe that it can violate users' rights to privacy or result in violations of them. This belief is based on the assumption that the information obtained and stored with the use of the programs includes personal information. My main aim in this paper is to argue that this assumption is false. I discuss the (...) import of this result for computer ethics. If my thesis is correct, using the programs cannot violate a person's right to privacy and cannot result in violations of a right to privacy. Nevertheless it is prima facie morally wrong because, as I explain, it encourages people to perform actions that diminish the well-being of others. I discuss the implications of my thesis for the obligations of online businesses with regard to the relevant information. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

This article reviews the qualitative changes that big data technology introduced to society, particularly changes that affect how individuals control the access, use and retention of their personal data. In particular interest is whether the practice of privacy self-management in this new context could still ensure the informed consent of individuals to the privacy terms of big data companies. It is concluded that that accepting big data companies’ privacy policies falls short of the disclosure and understanding requirements for informed consent. (...) The article argues that the practice of privacy self-management could remain viable if the review, understanding and acceptance of privacy agreements is streamlined, standardized and automated. Technology should be employed to counter the privacy problems created by big data technology. The creation of the privacy exchange authorities is proposed as a solution to the failures of privacy self-management. The PEA are intermediaries that empower individuals to define their own privacy terms and express informed consent in their dealings with data companies. They will create the technological infrastructure for individuals to select their own privacy terms from a list of standard choices, potentially only once. The PEA will further mediate the delivery and authentication of the individual users’ privacy terms to data companies. A logical proof of concept is offered, illustrating the potential steps involved in the creation of the PEA. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

Mainz and Uhrenfeldt have recently claimed that a violation of the right to privacy can be defined successfully under reliance on the notion of ‘Negative Control’. In this reply, I show that ‘Negative Control’ is unrelated to privacy right violations. It follows that control theorists have yet to put forth a successful normative account of privacy.

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 the concept of a (morally objectionable) violation of privacy. (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)