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)

Background: When a genetic mutation is identified in a family member, internationally, it is usually the proband’s or another responsible family member’s role to disclose the information to at-risk relatives. However, both active and passive non-disclosure in families occurs: choosing not to communicate the information or failing to communicate the information despite intention to do so, respectively. The ethical obligations to prevent harm to at-risk relatives and promote the duty of care by genetic health professionals is in conflict with (...) Privacy laws and professional regulations that prohibits disclosure of information to a third party without the consent of the proband. In New South Wales, Australia, amendments to Privacy legislation permits such disclosure to living genetic relatives with the process defined under guidelines although there is no legal duty to warn. This study assessed NSW GHP’s awareness and experience of the legislation and guidelines. Methods: An online survey collected demographics; theoretical knowledge; clinical scenarios to assess application knowledge; attitudes; confidence; experience with active non-disclosure. A link to correct answers was provided after completion. Knowledge scores above the median for non-parametric data or above the mean for parametric data were classified as ‘good’ or ‘poor’. Chi square tests assessed associations between confidence and knowledge scores. Results: While many of the 37 participants reported reading the guidelines, there was limited awareness of their scope and clinical application; that there is no legal duty to warn; and that the threat does not need to be imminent to warrant disclosure. No association between confidence and ‘good’ theoretical or applied clinical knowledge was identified. Uncertainty of their professional responsibility was identified and in the several case examples of active non-disclosure that were reported this uncertainty reflected the need for further understanding of the guidelines in regard to the processes required before disclosure was initiated. Conclusions: There is a need for further education and training about the guidelines associated with the legislation that would be relevant to support disclosure. The findings may inform future strategies to support introduction of policy changes in other jurisdictions where similar regulatory regimes are introduced. (shrink)

The proliferation of social media and web 2.0 applications (Facebook, MySpace, Twitter, blogs, etc.) in the previous 5 years has created a new social research opportunity, with over an estimated 552 million active daily users on Facebook (Facebook Press 2012). As with all research, boundaries must be set out to create valid and accurate data, keeping ethical practices at the forefront of the data gathering process. The lack of standardized practices requires an in-depth look into the use of such methods, (...) with focus on four major areas: 1) security for the individual, 2) anonymity, 3) safety and 4) use of mined data and information gathered by either passive or active means. (shrink)

Background The significance of medical implants goes beyond technical functioning and reaches into everyday life, with consequences for individuals as well as society. Ethical aspects associated with the everyday use of implants are relevant for individuals’ lifeworlds and need to be considered in implant care and in the course of technical developments. Methods This scoping review aimed to provide a synthesis of the existing evidence regarding ethically relevant psychosocial and cultural aspects in cochlear, glaucoma and cardiovascular implants in patient-centered empirical (...) research. Systematic literature searches were conducted in EBSCOhost, Philpapers, PsycNET, Pubmed, Web of Science and BELIT databases. Eligible studies were articles in German or English language published since 2000 dealing with ethically relevant aspects of cochlear, glaucoma and passive cardiovascular implants based on empirical findings from the perspective of (prospective) implant-wearers and their significant others. Following a descriptive-analytical approach, a data extraction form was developed and relevant data were extracted accordingly. We combined a basic numerical analysis of study characteristics with a thematically organized narrative synthesis of the data. Results Sixty-nine studies were included in the present analysis. Fifty were in the field of cochlear implants, sixteen in the field of passive cardiovascular implants and three in the field of glaucoma implants. Implant-related aspects were mainly found in connection with autonomy, freedom, identity, participation and justice, whereas little to no data was found with regards to ethical principles of privacy, safety or sustainability. Conclusions Empirical research on ethical aspects of implant use in everyday life is highly relevant, but marked by ambiguity and unclarity in the operationalization of ethical terms and contextualization. A transparent orientation framework for the exploration and acknowledgment of ethical aspects in “lived experiences” may contribute to the improvement of individual care, healthcare programs and research quality in this area. Ethics-sensitive care requires creating awareness for cultural and identity-related issues, promoting health literacy to strengthen patient autonomy as well as adjusting healthcare programs accordingly. More consideration needs to be given to sustainability issues in implant development and care according to an approach of ethics-by-design. (shrink)

“Power is the ability to take one's place in whatever discourse is essential to action” With these words, Carolyn Heilbran urges women to rewrite their lives. Their angry and frustrated voices, heard in the privacy of letters and quiet conversations, tell their true stories, while their public biographies are sentimental and passive. Women, she says, need to learn how to declare their right to public power. With this advice In mind, I recently joined a conversation with colleagues from (...) the University of Nebraska Medical Center about issues in global bioethics. (shrink)

Belgian Constitution needs a face-lifting. The right of information, both active and passive, must be recognized, along with a prohibition ofcensorship; this right implies the right of free communication and freedom of the media. It also implies the abolition of the notion press-delict and of special administration of criminal law.Legislation too has to be actualized: expansion of the right of answer to all means of communication.Furthermore, introduction of the duty of speech for anyone who holds information that may concern (...) the community.Finally, the need for a law protecting the privacy of the citizen, including protection from aggressive use and misuse of data banks, spying pratices and suchlike. (shrink)

Purpose This conceptual contribution is based on the observation that digital inequalities literature has not sufficiently considered digital footprints as an important social differentiator. The purpose of the paper is to inspire current digital inequality frameworks to include this new dimension. Design/methodology/approach Literature on digital inequalities is combined with research on privacy, big data and algorithms. The focus on current findings from an interdisciplinary point of view allows for a synthesis of different perspectives and conceptual development of digital footprints (...) as a new dimension of digital inequality. Findings Digital footprints originate from active content creation, passive participation and platform-generated data. The literature review shows how different social groups may experience systematic advantages or disadvantages based on their digital footprints. A special emphasis should be on those at the margins, for example, users of low socioeconomic background. Originality/value By combining largely independent research fields, the contribution opens new avenues for studying digital inequalities, including innovative methodologies to do so. (shrink)

In this paper I present the position that the use of face recognition technology (FRT) in law enforcement and in business is restrictive of individual autonomy. I reason that FRT severely undermines autonomous self-determination by hobbling the idea of freedom of the will. I distinguish this position from two other common arguments against surveillance technologies: the privacy argument (that FRT is an invasion of privacy) and the objective freedom argument (that FRT is restrictive of one's freedom to act). (...) To make this case, I suggest that autonomy itself is predicated on the possibility of acting ethically, of freely willing moral laws. I then claim that autonomous self-determination is established as self-determination via social interactions with others. If we conceptualize self-determination as a relation of establishing a claim to individual autonomy in a community of others, we can see how planned uses of FRT subvert possibilities for the establishment of socially recognized agency. FRT not only confuses the process of asking ethical questions but it also imposes the immanent likelihood that all actions are taken not by self-directed, free agents, but by passive subjects in the interest of abiding by the institutionally enforced law. (shrink)

Para Rawls, el problema de la filosofía política es la existencia duradera de una sociedad democrática, cuyos ciudadanos, sin embargo, no dejan de estar “profundamente divididos” por doctrinas religiosas, filosóficas y morales razonables. La convivencia de tal pluralidad en un espacio jurídico-estatal, está conformada por ideas intuitivas básicas, decantadas en un consenso superpuesto, que expresa la historicidad cultural de tal sociedad. Pero la trascendentalidad reflexiva del concepto ético-político de ciudadano debe realizar una epokhé sobre los procesos culturales de identificación que (...) la posibilitan. La justicia constitucional como equidad establece la discriminante entre razón pública y razón privada. Pero para el A. la privatización de la racionalidad personal y cultural socava la durabilidad y estabilidad postuladas. Los procesos de identificación personal y cultural consistentes, no se resuelven en la mera privacidad ni progresan en la mutua extraneidad de la tolerancia pasiva e indiferente, que concentra la vida pública en el sólo horizonte del poder. Ricoeur elabora el concepto de tolerancia difícil o virtuosa. Implica autoconciencia de la propia identidad y diálogo crítico en el espacio público de la pluralidad como libertad cultural y educativa. La hipótesis de significado transmitida por el propio pasado histórico es una instancia fundamental de confrontación para identificaciones exigentes. Éstas consolidan la intercomunicación en el espacio público de la sociedad civil, generando una democracia viva y durable.According to Rawls, the problem of the political philosophy is the lasting existence of a democratic society whose citizens, however, do not stop being “deeply divided” by reasonable religious, philosophical and moral doctrines. The act of living together in such plurality in a juridical state space is conformed by intuitive basic ideas, decanted in an overlapping consent, that expresses the cultural historicity of such society. But the reflexive transcendentalism of the ethical-political concept of citizen, must achieve an epoché of the cultural process of identification that will make it possible. The constitutional justice as equity sets down the discrimination between public reason and private reason. But for the A. the privatization of the personal and cultural rationality undercuts the postulated durability and stability. The processes of consistent personal and cultural identifications cannot be solved in mere privacy and they do not progress in the mutual extraneity of the passive and indifferent tolerance that concentrates the public life only in power horizon. Ricoeur elaborates the concept of difficult or virtuous tolerance. It implicates self-consciousness of the proper identity and critical dialogue in the public space of the plurality, as cultural and educative freedom. The hypothesis of meaning transmitted by its own historical past is a fundamental instance of confrontation for exigent identifications. These consolidate the intercommunication in the public space of the civil society, generating a live and durable democracy. (shrink)

PurposeFacebook users are both producers and consumers, in the sense that they produce the disclosures that allow for Facebook's business success and they consume services. The purpose of this paper is to examine how best to characterize the commercialized and compliant members. The authors question the Facebook assertion that members knowingly and willingly approve of personal and commercial transparency and argue, instead, that complicity is engineered.Design/methodology/approachA survey of Facebook users was conducted between December 2010 and April 2011 at one private (...) and four public universities. Respondents were questioned about: the level of their consumer activity on Facebook; their knowledge of Facebook advertiser data sharing practices and their attitude toward such; their use of sharing restrictions and the groups targeted; and their assessment of transparency benefits versus reputation and consumer risks.FindingsNo evidence was found to support the Facebook account of happy prosumers. Members reported that they avoided advertisements as much as possible and opposed data sharing/selling practices. However, many respondents were found to be relatively uneducated and passive prosumers, and those expressing a high concern for privacy were no exception.Research limitations/implicationsDue to the nonprobability sampling method, the results may lack generalizability.Practical implicationsTo avoid unwanted commercialization, users of social networking sites must become more aware of data mining and privacy protocols, demand more protections, or switch to more prosumer‐friendly platforms.Originality/valueThe paper reports empirical findings on Facebook members' prosumption patterns and attitudes. (shrink)

Inner Strength of Female Characters in Loitering with Intent and The Public Image by Muriel Spark Women characters in Muriel Spark's novels are diverse, some strong and powerful, some weak and unable to make decisions. And there are characters who develop throughout the novel and learn from their own mistakes. From being passive, they gradually start acting and making their own choices. Loitering with Intent and The Public Image present women characters who go through metamorphosis, from being dependent on (...) others into living their own lives and freeing themselves from former influences. Such kaleidoscopic change enables them not only to be able to finally make their own decisions but also to overcome many difficult situations threatening their future life.Fleur Talbot, a heroine in Loitering with Intent, finds herself at a point in which she thinks that everything she cares for is lost. Chronically passive and naïve, she cannot imagine another way of being until she understands that she is being cheated, that her life will be ruined if she does not act. Everyone around her seems to be in conspiracy against her; only taking a firm stand and opposing her surrounding world can help. Fleur's life has become totally dependent on her ability to be strong and decisive. She knows that if she remains what she is, her career and prospects for the future will be lost, so she decides to prove her determination and her will to be finally happy. Her transformation into a powerful character saves her dignity and makes her a successful writer.Annabel, a character in The Public Image is the same type of person as Fleur, as she lacks self-confidence and has no support from anybody, even her own husband. Muriel Spark, however, presents her as another example of a heroine who develops as the action progresses, able to evoke strength in herself when her situation seems hopeless. Annabel, at first treated as a puppet in the hands of other people, who use her image for their own benefit, shows that she is capable of anything by the book's end. When her career and reputation are threatened and her privacy invaded, she decides to leave the country. This requires both effort and sacrifice, as she has to leave behind everything she has worked for all her life, but this is the necessary price for her freedom.The ability of both female characters to show so much determination reveals an inherent inner strength, and their weakness and vulnerability as just superficial. When the situation requires it, both Annabel and Fleur are ready to fight for their rights, for their freedom and self esteem, and they discover that they are indeed capable of changing their lives. (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)

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)

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty, or “freedom of thought.” I argue that protecting an individual’s cognitive liberty undermines others’ ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one’s brain and mind, strong protections of cognitive (...) liberty may proscribe neurotechnological intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties” others’ use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don’t work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be. (shrink)

Can the government stick us with privacy we don't want? It can, it does, and according to this author, may need to do more of it. Privacy is a foundational good, she argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate inalienable, liberty-promoting privacies for its people, whether they eagerly embrace them or not. The eight chapters of this book are reflections on public regulation (...) of privacy at home; isolation and confinement for punitive and health reasons; religious modesty attire; erotic nudity; workplace and professional confidentiality; racial privacy; online transactions; social networking; and the collection, use and storage of electronic data. (shrink)

This study investigates the ability of individuals with psychopathy to perform passive avoidance learning and whether this ability is modulated by level of reinforcement/punishment. Nineteen psychopathic and 21 comparison individuals, as defined by the Hare Psychopathy Checklist Revised (Hare, 1991), were given a passive avoidance task with a graded reinforcement schedule. Response to each rewarding number gained a point reward specific to that number (i.e., 1, 700, 1400 or 2000 points). Response to each punishing number lost a point (...) punishment specific to that number (i.e., the loss of 1, 700, 1400 or 2000 points). In line with predictions, individuals with psychopathy made more passive avoidance errors than the comparison individuals. In addition, while the performance of both groups was modulated by level of reward, only the performance of the comparison population was modulated by level of punishment. The results are interpreted with reference to a computational account of the emotional learning impairment in individuals with psychopathy. (shrink)

Technological advances are bringing new light to privacy issues and changing the reasons for why privacy is important. These advances have changed not only the kind of personal data that is available to be collected, but also how that personal data can be used by those who have access to it. We are particularly concerned with how information about personal attributes inferred from collected data (such as online behaviour), can be used to tailor messages and services to specific (...) individuals or groups. This kind of ‘personalised targeting’ has the potential to influence individuals’ perceptions, attitudes, and choices in unprecedented ways. In this paper, we argue that because it is becoming easier for companies to use collected data for influence, threats to privacy are increasingly also threats to personal autonomy—an individual’s ability to reflect on and decide freely about their values, actions, and behaviour, and to act on those choices.4 While increasing attention is directed to the ethics of how personal data is collected, we make the case that a new ethics of privacy needs to also think more rigorously about how personal data may be used, and its potential impact on personal autonomy. (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)

Disentangling Privacy and Intimacy: Intimate Citizenship, Private Boundaries and Public Transgressions Recent theorisations of transformations of intimacy—like Ken Plummer's (2003) Intimate Citizenship project—concentrate on social and cultural transformations that erode the containment of intimacy within the private sphere. They have less to say about the character of and oppositions to that erosion, and specifically how far the idea of the private stands in opposition to intimacy transgressing into the public. In this essay, the private is explored through its constitutive (...) features—liberal codifications of rights, liberty and property, medico-moral discourses and conservative values and legal and political regulation—to give a more political and critical reading. This reading suggests that an explicit disentangling of the private and the intimate is necessary if tendencies toward public and emancipated intimacies are to become meaningful transformations, and this involves a dissembling of and critical engagement with the powerful historically entrenched idea of privacy in western societies. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 (...) January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

This book argues that the irreducible singularity of each person as a psychical subject implies the privacy of the psychical and that of experience, and yet the private accessibility of each person to his or her mind is compatible with interpersonal communication and understanding. The book treats these major issues against the background of the author's original metaphysics--panenmentalism."--Publisher's website.

Increasing privacy concerns are arising from expanding use of aggregated personal information in health practices. Conversely, in light of the promising benefits of data driven healthcare, privacy...

Despite widespread agreement that privacy in the context of education is important, it can be difficult to pin down precisely why and to what extent it is important, and it is challenging to determine how privacy is related to other important values. But that task is crucial. Absent a clear sense of what privacy is, it will be difficult to understand the scope of privacy protections in codes of ethics. Moreover, privacy will inevitably conflict with (...) other values, and understanding the values that underwrite privacy protections is crucial for addressing conflicts between privacy and institutional efficiency, advising efficacy, vendor benefits, and student autonomy. -/- My task in this paper is to seek a better understanding of the concept of privacy in institutional research, canvas a number of important moral values underlying privacy generally (including several that are explicit in the AIR Statement), and examine how those moral values should bear upon institutional research by considering several recent cases. (shrink)

The demand for more transparency is hardly ever questioned. When it is, it is generally questioned in the name of a protection of privacy. In a traditional liberal understanding, there is a non-alienable “right to privacy” (Warren/Brandeis, 1890). Many political struggles, however, involved ignoring such boundaries, and making public things that were meant to remain private (domestic violence, gender oppression, child abuse etc.). While holding that the distinction between private and public is necessary, it must remain mobile and (...) subject to renegotiation. Civil inattention highlights the importance of disregarding: disregarding what others we share the same public space with do, as long as it is not of public relevance; and disregarding such rules of privacy if a violation of basic human rights is taking place, in order to make such behaviour public. In some cases, disregard and ignorance can thus be a moral virtue. (shrink)

In this book, McStay draws on an array of philosophers to offer a novel approach to privacy matters. Against the backdrop and scrutiny of Arendt, Aristotle, Bentham, Brentano, Deleuze, Engels, Heidegger, Hume, Husserl, James, Kant, Latour, Locke, Marx, Mill, Plato, Rorty, Ryle, Sartre, Skinner, among others, McStay advances a wealth of new ideas and terminology, from affective breaches to zombie media.

To explain the phenomenon that certain English verbs resist passivization, Pinker proposed a semantic constraint on the passive in the adult grammar: The greater the extent to which a verb denotes an action where a patient is affected or acted upon, the greater the extent to which it is compatible with the passive. However, a number of comprehension and production priming studies have cast doubt upon this claim, finding no difference between highly affecting agent-patient/theme-experiencer passives and non-actional experiencer (...) theme passives. The present study provides evidence that a semantic constraint is psychologically real, and is readily observed when more fine-grained independent and dependent measures are used. We conclude that a semantic constraint on the passive must be incorporated into accounts of the adult grammar. (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)

Neural engineers and clinicians are starting to translate advances in electrodes, neural computation, and signal processing into clinically useful devices to allow control of wheelchairs, spellers, prostheses, and other devices. In the process, large amounts of brain data are being generated from participants, including intracortical, subdural and extracranial sources. Brain data is a vital resource for BCI research but there are concerns about whether the collection and use of this data generates risk to privacy. Further, the nature of BCI (...) research involves understanding and making inferences about device users’ mental states, thoughts, and intentions. This, too, raises privacy concerns by providing otherwise unavailable direct or privileged access to individuals mental lives. And BCI-controlled prostheses may change the way clinical care is provided and the type of physical access caregivers have to patients. This, too, has important privacy implications. I In this chapter we examine several of these privacy concerns in light of prominent views of the nature and value of privacy. We argue that increased scrutiny needs to be paid to privacy concerns arising from Big Data and decoding of mental states, but that BCI research may also provide opportunity for individuals to enhance their privacy. (shrink)

Foreword by Robert H. Bork -- Culture wars -- A distorted understanding of rights -- The right to privacy -- Griswold and contraception -- Roe and abortion -- Assisted suicide and homosexuality -- Political connections and natural consequences.

This paper argues that the Husserlian notion of “passive synthesis” can make a substantial contribution to the understanding of aesthetic experience. The argument is based on two empirical cases of qualitative interview material obtained from museum visitors and a world-renowned string quartet, which show that aesthetic experience contains an irreducible dimension of passive undergoing and surprise. Analyzing this material through the lens of passive syntheses helps explain these experiences, as well as the sense of subject–object fusion that (...) occurs in some of the most intense forms of aesthetic experience. These analyses are then contrasted with a potentially contradicting take on aesthetic experience from a recent trend in cognitive science, namely enactive aesthetics, which insists on the active subjective construction and sense-making of aesthetic experience. Finally we show that the two positions are in fact compatible. (shrink)

The problem of theorizing privacy moves on two levels, the first consisting of an inadequate conceptual vocabulary and the second consisting of an inadequate institutional grammar. Privacy rights are supposed to protect individual subjects, and so conventional ways of understanding privacy are subject-centered, but subject-centered approaches to theorizing privacy also wrestle with deeply embedded contradictions. And privacy’s most enduring institutional failure modes flow from its insistence on placing the individual and individualized control at the center. (...) Strategies for rescuing privacy from irrelevance involve inverting both established ways of talking about privacy rights and established conventions for designing institutions to protect them. In terms of theory, turning privacy inside out entails focusing on the conditions that are needed to produce sufficiently private and privacy-valuing subjects. Institutionally, turning privacy inside out entails focusing on the design, production, and operational practices most likely to instantiate and preserve those conditions. (shrink)

At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

This chapter contains sections titled: Historical and Legal Background Philosophical Foundations Radio Frequency Identity Chips Item‐Level Tagging Human Implants RFID‐Chipped Identification Is RFID a Threat to Privacy?

In this chapter I identify three problems affecting the plausibility of group privacy and argue in favour of their resolution. The first problem concerns the nature of the groups in question. I shall argue that groups are neither discovered nor invented, but designed by the level of abstraction (LoA) at which a specific analysis of a social system is developed. Their design is therefore justified insofar as the purpose, guiding the choice of the LoA, is justified. This should remove (...) the objection that groups cannot have a right to privacy because groups are mere artefacts (there are no groups, only individuals) or that, even if there are groups, it is too difficult to deal with them. The second problem concerns the possibility of attributing rights to groups. I shall argue that the same logic of attribution of a right to individuals may be used to attribute a right to a group, provided one modifies the LoA and now treats the whole group itself as an individual. This should remove the objection that, even if groups exist and are manageable, they cannot be treated as holders of rights. The third problem concerns the possibility of attributing a right to privacy to groups. I shall argue that sometimes it is the group and only the group, not its members, that is correctly identified as the correct holder of a right to privacy. This should remove the objection that privacy, as a group right, is a right held not by a group as a group but rather by the group’s members severally. The solutions of the three problems supports the thesis that an interpretation of privacy in terms of a protection of the information that constitutes an individual—both in terms of a single person and in terms of a group—is better suited than other interpretations to make sense of group privacy. (shrink)

This paper takes as a starting point a recent development in privacy-debates: the emphasis on social and institutional environments in the definition and the defence of privacy. Recognizing the merits of this approach I supplement it in two respects. First, an analysis of the relation between privacy and autonomy teaches that in the digital age more than ever individual autonomy is threatened. The striking contrast between on the one hand offline vocabulary, where autonomy and individual decision making (...) prevail, and on the other online practices is a challenge that cannot be met in a social approach. Secondly, I elucidate the background of the social approach. Its importance is not exclusively related to the digital age. In public life we regularly face privacy-moments, when in a small distinguished social domain few people are commonly involved in common experiences. In the digital age the contextual integrity model of Helen Nissenbaum has become very influential. However this model has some problems. Nissenbaum refers to a variety of sources and uses several terms to explain the normativity in her model. The notion ‘context’ is not specific and faces the reproach of conservatism. We elaborate on the most promising suggestion: an elaboration on the notion ‘goods’ as it can be found in the works of Michael Walzer and Alisdair Macintyre. Developing criteria for defining a normative framework requires making explicit the substantive goods that are at stake in a context, and take them as the starting point for decisions about the flow of information. Doing so delivers stronger and more specific orientations that are indispensible in discussions about digital privacy. (shrink)

The aim of this study was to gain a deeper understanding of privacy in occupational health services. Data were collected through in-depth theme interviews with occupational health professionals (n=15), employees (n=15) and employers (n=14). Our findings indicate that privacy, in this context, is a complex and multilayered concept, and that companies as well as individual employees have their own core secrets. Co-operation between the three groups proved challenging: occupational health professionals have to consider carefully in which situations and (...) how much they are entitled to release private information on individual employees for the benefit of the whole company. Privacy is thus not an absolute right of an individual, but involves the idea of sharing responsibility. The findings open up useful new perspectives on ethical questions of privacy and on the development of occupational health practices. (shrink)

Differential privacy (DP) aims to confer data processing systems with inherent privacy guarantees, offering strong protections for personal data. But DP’s approach to privacy carries with it certain assumptions about how mathematical abstractions will be translated into real-world systems, which—if left unexamined and unrealized in practice—could function to shield data collectors from liability and criticism, rather than substantively protect data subjects from privacy harms. This article investigates these assumptions and discusses their implications for using DP to (...) govern data-driven systems. In Parts 1 and 2, we introduce DP as, on one hand, a mathematical framework and, on the other hand, a kind of real-world sociotechnical system, using a hypothetical case study to illustrate how the two can diverge. In Parts 3 and 4, we discuss the way DP frames privacy loss, data processing interventions, and data subject participation, arguing it could exacerbate existing problems in privacy regulation. In part 5, we conclude with a discussion of DP’s potential interactions with the endogeneity of privacy law, and we propose principles for best governing DP systems. In making such assumptions and their consequences explicit, we hope to help DP succeed at realizing its promise for better substantive privacy protections. (shrink)

The sensation-perception distinction did not appear before the seventeenth century, but since then various formulations of it have gained wide acceptance. This is not an historical accident and the article suggests an explanation for its appearance. Section 1 describes a basic assumption underlying the sensation-perception distinction, to wit, the postulation of a pure sensory stage--viz. sensation--devoid of active influence of the agent's cognitive, emotional, and evaluative frameworks. These frameworks are passive in that stage. I call this postulation the passivity (...) assumption. Section 2 suggests three major reasons for the emergence of this assumption in the seventeenth century: the mental-physical gap, the causal theory of perception, and epistemological considerations regarding the status of the sensory given. In the last section a critical discussion is presented. The passivity assumption is found to have serious empirical and theoretical flaws. (shrink)

Passive frame theory attempts to illuminate what consciousness is, in mechanistic and functional terms; it does not address the “implementation” level of analysis (how neurons instantiate conscious states), an enigma for various disciplines. However, in response to the commentaries, we discuss how our framework provides clues regarding this enigma. In the framework, consciousness is passive albeit essential. Without consciousness, there would not be adaptive skeletomotor action.

The phenomenon of the New Genetics raises complex social problems, particularly those of privacy. This book offers ethical and legal perspectives on the questions of a right to know and not to know genetic information from the standpoint of individuals, their relatives, employers, insurers and the state. Graeme Laurie provides a unique definition of privacy, including a concept of property rights in the person, and argues for stronger legal protection of privacy in the shadow of developments in (...) human genetics. He challenges the role and the limits of established principles in medical law and ethics, including respect for patient autonomy and confidentiality. This book will interest lawyers, philosophers and doctors concerned both with genetic information and issues of privacy; it will also interest genetic counsellors, researchers, and policy makers worldwide for its practical stance on dilemmas in modern genetic medicine. (shrink)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. (...) Professional relationships are prima facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)

The dominant approach in privacy theory defines information privacy as some form of control over personal information. In this essay, I argue that the control approach is mistaken, but for different reasons than those offered by its other critics. I claim that information privacy involves the drawing of epistemic boundaries—boundaries between what others should and shouldn’t know about us. While controlling what information others have about us is one strategy we use to draw such boundaries, it is (...) not the only one. We conceal information about ourselves and we reveal it. And since the meaning of information is not self-evident, we also work to shape how others contextualize and interpret the information about us that they have. Information privacy is thus about more than controlling information; it involves the constant work of producing and managing public identities, what I call “social self- authorship.” In the second part of the essay, I argue that thinking about information privacy in terms of social self- authorship helps us see ways that information technology threatens privacy, which the control approach misses. Namely, information technology makes social self- authorship invisible and unnecessary, by making it difficult for us to know when others are forming impressions about us, and by providing them with tools for making assumptions about who we are which obviate the need for our involvement in the process. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

This paper deals with intercultural aspects of privacy, particularly with regard to differences between Japanese and Western conceptions. It starts with a reconstruction of the genealogy of Western subjectivity and human dignity as the basic assumptions underlying Western views on privacy. An analysis of the Western concept of informational privacy is presented. The Japanese topic of ‘‘denial of self” (Musi) as well as the concepts of Seken, Shakai and Ikai (as analyzed by the authors of the companion (...) piece on privacy in Japan) give rise to intercultural comparisons. The paper addresses the question of privacy in cyberspace and mass media. Finally the question of freedom of speech is related to the Japanese concepts of Ohyake and Watakusi. (shrink)

Privacy rights can surely be waived. But can they also be forfeited? If so, why and under what conditions? This article takes up these questions by developing a novel theory of privacy rights forfeiture that draws inspiration from Judith Thomson’s canonical work on privacy. The paper identifies two species of forfeiture rooted in modes of negligent and reckless conduct and argues that both self-directed and other-regarding considerations play a role in grounding forfeiture. The paper also contributes to (...) the literature by proposing a new taxonomy of how Hohfeldian entitlements can be divested generally. It likewise engages at length with a recent article by Benedict Rumbold and James Wilson in which the authors criticize Thomson’s work and appear to reject the very idea of privacy forfeiture. In response, I make the case that Rumbold and Wilson’s forfeiture-free model of privacy is unconvincing on substantive moral grounds. (shrink)

Accountability protects public health and safety, facilitates law enforcement, and enhances national security, but it is much more than a bureaucratic concern for corporations, public administrators, and the criminal justice system. In Why Privacy Isn't Everything, Anita L. Allen provides a highly original treatment of neglected issues affecting the intimacies of everyday life, and freshly examines how a preeminent liberal society accommodates the competing demands of vital privacy and vital accountability for personal matters. Thus, "None of your business!" (...) is at times the wrong thing to say, as much of what appears to be self-regarding conduct has implications for others that should have some bearing on how a person chooses to act. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are (...) not readily accessible, or in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)