This paper examines workplace surveillance and monitoring. It is argued that privacy is a moral right, and while such surveillance and monitoring can be justified in some circumstances, there is a presumption against the infringement of privacy. An account of privacy precedes consideration of various arguments frequently given for the surveillance and monitoring of employees, arguments which look at the benefits, or supposed benefits, to employees as well as to employers. The paper examines the general monitoring of work, and the (...) monitoring of email, listservers and the World Wide Web. It is argued that many of the common justifications given for this surveillance and monitoring do not stand up to close scrutiny. (shrink)

The paper begins with a defence of a new definition of privacy as the absence of undocumented personal knowledge. In the middle section, I criticise alternative accounts of privacy. Finally, I show how my definition can be worked into contemporary American Law.

This paper examines workplace surveillance and monitoring. It is argued that privacy is a moral right, and while such surveillance and monitoring can be justified in some circumstances, there is a presumption against the infringement of privacy. An account of privacy precedes consideration of various arguments frequently given for the surveillance and monitoring of employees, arguments which look at the benefits, or supposed benefits, to employees as well as to employers. The paper examines the general monitoring of work, and the (...) monitoring of email, listservers and the World Wide Web. It is argued that many of the common justifications given for this surveillance and monitoring do not stand up to close scrutiny. (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)

Rights, autonomy, privacy, and confidentialityare concepts commonly used in discussionsconcerning genetic information. When theseconcepts are thought of as denoting absolutenorms and values which cannot be overriden byother considerations, conflicts among themnaturally occur.In this paper, these and related notions areexamined in terms of the duties and obligationsmedical professionals and their clients canhave regarding genetic knowledge. It issuggested that while the prevailing idea ofautonomy is unhelpful in the analysis of theseduties, and the ensuing rights, an alternativereading of personal self-determination canprovide a firmer (...) basis for ethical guidelinesand policies in this field. (shrink)

This essay considers the impact of digital networks in organizations on worker autonomy. Worker autonomy, the control that workers have over their own work situation, is claimed in this essay to be a key determinant for the quality of work, as well as an important moral goal. Digital networks pose significant threats to worker autonomy as well as opportunities for its enhancement. In this essay, the notion of worker autonomy is analyzed and evaluated for its importance and moral relevance. It (...) is then considered how digital networks both threaten worker autonomy and offer opportunities for its enhancement. Three major opportunities (enhanced communicative powers, increased informedness, teleworking) and threats (electronic monitoring, task prestructuring, and dependency creation) are discussed and analyzed. Finally, the dynamics that determine the impact on worker autonomy of the introduction of a digital network in organizations are investigated. A particular model for analyzing these dynamics and their impacts, Bryan Pfaffenberger's model of a technological drama. It will be illustrated how this model illuminates these dynamics by analyzing them as a dialectic of strategies of technological regularization by design constituencies and technological adjustment by impact constituencies. It will also be assessed what role network design has in this process. (shrink)

This paper examines the study of computer basedperformance monitoring (CBPM) in the workplaceas an issue dominated by questions of ethics.Its central contention paper is that anyinvestigation of ethical monitoring practice isinadequate if it simply applies best practiceguidelines to any one context to indicate,whether practice is, on balance, ethical or not. The broader social dynamics of access toprocedural and distributive justice examinedthrough a fine grained approach to the study ofworkplace social relations, and workplaceidentity construction, are also important here. This has three (...) implications, which are examinedin the paper, and are as follows: First, thatit is vital for any empirical investigation ofthe ethics of CBPM practice to take intoaccount not only its compliance withpreexisting best practice guidelines, butalso the social relations which pervade thecontext of its application. Second, that thisnecessitates a particular epistemologicaltreatment of CBPM as something whose effectsare measurable and identifiable, as well assomething which has a socially constructedmeaning and is tropic in nature. Third, thatexisting debates against which this argument isset, which regard contrasting epistemologiesand ontologies as incompatible, should beaddressed, and an alternative introduced. Introducing situated knowledges (Haraway 1991)and material semiotic ontologies as such analternative, the paper proceeds to analyse theethics of a particular case of monitoringpractice, Norco. Drawing on Marx (1998) thepaper concludes that a fine grain analysis ofthe social is vital if we are to understandfully the ethics of monitoring in theworkplace. (shrink)

'Anita L. Allen breaks new ground...A stunning indictment of women's status in contemporary society, her book provides vital original scholarly research and insight.' |s-NEW DIRECTIONS FOR WOMEN.

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. The (...) book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

We tend to suppose that the ancient Greeks had primitive ideas of the self, of responsibility, freedom, and shame, and that now humanity has advanced from these to a more refined moral consciousness. Bernard Williams's original and radical book questions this picture of Western history. While we are in many ways different from the Greeks, Williams claims that the differences are not to be traced to a shift in these basic conceptions of ethical life. We are more like the ancients (...) than we are prepared to acknowledge, and only when this is understood can we properly grasp our most important differences from them, such as our rejection of slavery. The author is a philosopher, but much of his book is directed to writers such as Homer and the tragedians, whom he discusses as poets and not just as materials for philosophy. At the center of his study is the question of how we can understand Greek tragedy at all, when its world is so far from ours. Williams explains how it is that when the ancients speak, they do not merely tell us about themselves, but about ourselves. _Shame and Necessity_ gives a new account of our relations to the Greeks, and helps us to see what ethical ideas we need in order to live in the modern world. (shrink)

The Panopticon project for a model prison obsessed the English philosopher Jeremy Bentham for almost 20 years. In the end, the project came to nothing; the Panopticon was never built. But it is precisely this that makes the Panopticon project the best exemplification of Bentham’s own theory of fictions, according to which non-existent fictitious entities can have all too real effects. There is probably no building that has stirred more philosophical controversy than Bentham’s Panopticon. The Panopticon is not merely, as (...) Foucault thought, “a cruel, ingenious cage”, in which subjects collaborate in their own subjection, but much more—constructing the Panopticon produces not only a prison, but also a god within it. The Panopticon is a machine which on assembly is already inhabited by a ghost. It is through the Panopticon and the closely related theory of fictions that Bentham has made his greatest impact on modern thought; above all, on the theory of power. The Panopticon writings are frequently cited, rarely read. This edition contains the complete “Panopticon Letters”, together with selections from “Panopticon Postscript I” and “Fragment on Ontology”, Bentham’s fullest account of fictions. A comprehensive introduction by Miran Bozovic explores the place of Panopticon in contemporary theoretical debate. (shrink)

The aim of compiling the various essays presented here is to make readily accessible many of the most significant and influential discussions of privacy to be found in the literature. In addition to being representative of the diversity of attitudes toward privacy, this collection has a coherence that results from the authors' focus on the same issues and theories. The main issue addressed in this book is the moral significance of privacy. Some social science and legal treatments are included because (...) of their direct bearing on the moral issues that privacy raises. In addition to the classics on privacy, the author has included an interpretative essay on the privacy literature, which provides a philosophical guideline as to what the issues are and how various thinkers have contributed to their resolution. (shrink)

In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that serve a great (...) public good that clearly outweighs minimal intrusions upon privacy are permissible. Justifications of the principle are discussed, including reasons why we should use the principle and not rely solely on a utilitarian balancing test. The principle is applied to uses of aerial photography and heat-detection devices. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)