There is a long-running debate as to whether privacy is a matter of control or access. This has become more important following revelations made by Edward Snowden in 2013 regarding the collection of vast swathes of data from the Internet by signals intelligence agencies such as NSA and GCHQ. The nature of this collection is such that if the control account is correct then there has been a significant invasion of people's privacy. If, though, the access account is correct then (...) there has not been an invasion of privacy on the scale suggested by the control account. I argue that the control account of privacy is mistaken. However, the consequences of this are not that the seizing control of personal information is unproblematic. I argue that the control account, while mistaken, seems plausible for two reasons. The first is that a loss of control over my information entails harm to the rights and interests that privacy protects. The second is that a loss of control over my information increases the risk that my information will be accessed and that my privacy will be violated. Seizing control of another's information is therefore harmful, even though it may not entail a violation of privacy. Indeed, seizing control of another's information may be more harmful than actually violating their privacy. (shrink)

Government's attempts to coerce the production of information from employers of labour in order to verify the income tax returns of their employees was one of the symbols of the growing reality of state intervention in the mid‐19th century. The resistance from politically influential industrialists and manufacturers which this engendered arose ostensibly from fears of a system of state surveillance and commercial espionage, in which employers were required to inform on their workforce and in which employees might retaliate (...) by informing on their employers. An examination of the practical problems of evasion and compliance of the income tax in this sphere and hence of the local enforcement of national legislation allows us to approach more intimately the relation between the state and civil society, bureaucrats and the local community in the third quarter of the 19th century. Income tax laws, in many important respects, were badly drafted and ambiguous but remedial legislation which was perceived as extending the tendrils of state control was bitterly opposed. The extra‐statutory practices which Government officials had to adopt in order to circumvent this problem meant that regulatory laws of this kind were often only imperfectly realized as they were modified or became detached from their statutory moorings. This example of the difference between the rule of law and actual practice demonstrates, too, that change was often accomplished not within the Parliamentary arena but in the field without legislative interference. (shrink)

This paper argues that there are value and design-based problems in current ambitions for the Metaverse. With the Metaverse deepening longstanding commercial surveillance practices, the paper focuses on data protection harms from biometric and emotion data, the gauging of first-person perspectives, and sensitivities around profiling of avatars. The paper advances two notions to address harms and data protection: _surveillant physics_ and _virtual realist governance_. _Surveillant physics_ refers to surveillance informing the laws of how that reality operates: this is (...) a useful concept given the granular control that platforms have over virtual worlds and the laws by which they function. _Virtual realist governance_ builds on the longstanding principle of virtual realism and David Chalmer’s recent theorising of Reality+ that demands that the virtual is taken to be real, meaning that experiences of virtual objects and what occurs in-world are treated as meaningful. The paper progresses to further consider governance questions, both around technical and ethical standards, but also data protection ideas such as personal data stores, and data trusts, that were not conceived as Metaverse-based ideas, but have greater chance of being realised as basic premises of the Metaverse are being designed. Although this paper is regretfully pessimistic, finding that a root problem of current ambitions for the Metaverse is that the public good and the commons are missing, it sees virtual realist scope for modes of resistance unseen in other digital realms. (shrink)

This paper is concerned with the ambiguities and confusions that arise when studies of the ‘surveillance state’ are contrasted with studies of the ‘service state’. Surveillance studies take a largely negative view of the information capture and handling of personal data by Government agencies. Studies that examine Government service providing take a largely positive view of such data capture as Government is seen to be attempting to enhance service provision to individual citizens. This paper examines these opposing (...) perspectives through a series of case studies and concludes that a new understanding and methodology should be brought forward so as to create a reconciliation of these two points of departure for research. The call is for an holistic appreciation of data capture activities by Government so that researchers and public policy makers alike can appreciate and reconcile these competing perspectives. (shrink)

Carol Gould's article offers a powerful argument against the sufficiency of informed consent in an age of surveillance capitalism. In this review, I assess the three main claims that Gould makes in her article, namely that (1) democratic control is required by the all‐affected principle; (2) democratic control is a means of ensuring that surveillance corporations and governments track public, rather than merely private, interests; and (3) democratic control is constitutive of freedom as self‐development and self‐transformation.

People increasingly live online, sharing publicly what might have once seemed private, but at the same time are enraged by extremes of government surveillance and the corresponding invasion into our private lives. In this enlightening work, Adam Henschke re-examines privacy and property in the age of surveillance in order to understand not only the importance of these social conventions, but also their moral relevance. By analyzing identity and information, and presenting a case for a relation between the (...) two, he explains the moral importance of virtual identities and offers an ethically robust solution to design surveillance technologies. This book should be read by anyone interested in surveillance technology, new information technology more generally, and social concepts like privacy and property. (shrink)

Citizens' competence for democratic self‐government must be judged by their ability to perform the typical functions of modern citizenship, rather than by their scores on surveys of political information—which are flawed in a variety of important respects. The role requirements for effective citizenship have changed throughout American history because government has grown vastly in size, complexity, and the range of functions that it performs. Effective use of citizens’ political talents therefore requires limiting public surveillance and advice to broad (...) overview aspects, rather than to micro‐management. Citizens perform these more limited functions adequately, demonstrating that government by the people remains viable under modern conditions. (shrink)

The public health measures implemented in response to the COVID-19 pandemic have resulted in a substantially increased shared reliance on private infrastructure and digital services in areas such as healthcare, education, retail, and the workplace. This development has (i) granted a number of private actors significant (informational) power, and (ii) given rise to a range of digital surveillance practices incidental to the pandemic itself. In this paper, we reflect on these secondary consequences of the pandemic and observe that, even (...) though collateral data disclosure and additional activity monitoring appears to have been generally socially accepted as inevitable consequences of the pandemic, part and parcel of a larger conglomeration of emergency compromises, these increased surveillance practices were not directly justified by appeals to solidarity and public health in the same way that the instigating public health measures were. Based on this observation, and given the increased reliance on private actors for maintaining the digital space, we argue that governments have a duty to (i) seek and ensure that there are justifications for collateral data disclosure and activity monitoring by private actors in the context of (future) public health emergencies like the COVID-19 pandemic, and (ii) regulate and provide accountability mechanisms for and oversight over these private surveillance practices on par with governmental essential services that engage in surveillance activities. (shrink)

Computers and new information technologies have greatly increased the power of surveillance by government and large corporate entities. The state is a repository of a growing array of data bases that provide it with information on its citizens. Corporations also now possess increasing power to accumulate information on potential consumers. This power to collect information is significant and can be instrumental in securing loans, insurance, and credit; increases the power of law enforcement agencies; makes possible (...) surveillance of workers and the workplace by managers; and provides information on consumer habits and preferences that can be useful to the marketing and promotion of consumer goods. The intensifying computerization of information raises important questions concerning privacy and individual rights in the current information revolution, such as: who collects what kind of information, what is done with this information, and what rights do individuals have concerning privacy and the circulation of information about them? (shrink)

Surveillance is essential for communicable disease prevention and control. Traditional notification of demographic and clinical information, about individuals with selected infectious diseases, allows appropriate public health action and is protected by public health and privacy legislation, but is slow and insensitive. Big data–based electronic surveillance, by commercial bodies and government agencies, which draws on a plethora of internet- and mobile device–based sources, has been widely accepted, if not universally welcomed. Similar anonymous digital sources also contain syndromic (...) class='Hi'>information, which can be analysed, using customised algorithms, to rapidly predict infectious disease outbreaks, but the data are nonspecific and predictions sometimes misleading. However, public health authorities could use these online sources, in combination with de-identified personal health data, to provide more accurate and earlier warning of infectious disease events—including exotic or emerging infections—even before the cause is confirmed, and allow more timely public health intervention. Achieving optimal benefits would require access to selected data from personal electronic health and laboratory records and the potential to re-identify individuals found to be involved in outbreaks, to ensure appropriate care and infection control. Despite existing widespread digital surveillance and major potential community benefits of extending its use to communicable disease control, there is considerable public disquiet about allowing public health authorities access to personal health data. Informed public discussion, greater transparency and an ethical framework will be essential to build public trust in the use of new technology for communicable disease control. (shrink)

In Europe, telecare is the use of remote monitoring technology to enable vulnerable people to live independently in their own homes. The technology includes electronic tags and sensors that transmit information about the user's location and patterns of behavior in the user's home to an external hub, where it can trigger an intervention in an emergency. Telecare users in the United Kingdom sometimes report their unease about being monitored by a ?Big Brother,? and the same kind of electronic tags (...) that alert telecare hubs to the movements of someone with dementia who is ?wandering? are worn by terrorist suspects who have been placed under house arrest. For these and other reasons, such as ordinary privacy concerns, telecare is sometimes regarded as an objectionable extension of a ?surveillance state.? In this article, we defend the use of telecare against the charge that it is Orwellian. In the United States, the conception of telecare primarily as telemedicine, and the fact that it is not typically a government responsibility, make a supposed connection with a surveillance state even more doubtful than in Europe. The main objection, we argue, to telecare is not its intrusiveness, but the danger of its deepening the isolation of those who use it. There are ways of organizing telecare so that the independence and privacy of users are enhanced, but personal isolation may be harder to address. As telecare is a means of reducing the cost of publicly provided social and health care, and the need to reduce public spending is growing, the correlative problem of isolation must be addressed alongside the goal of promoting independence. (shrink)

The War on Terror is an ambiguous term that has been used to circumvent the international laws of warfare. Instead of moving toward peace by way of limited warfare, and instead of preserving the independence of war and peace, War on Terror advances by masking itself in a fog of peace; it proliferates by overlapping the logic of “war-time” and “peace-time” operations. The fog of peace—as it shall herein be called—is a condition wherein the uncertainty qua “fog” of war,2 along (...) with its militarized logic, overlaps with and eventually replaces civilian peace-time-and-spaces. The War on Terror is thus not a limiting of war by way of the conventional modern mechanisms of international law and diplomacy; it is a continuation of war by other means, including the use covert, often black-boxed methods of information-capture and surveillance. Globally, states are expanding the powers of intelligence organs and deploying covert mass surveillance programs in the name of counter-terrorism. In this manner, counter-terrorism policies become instruments enabling states to become predatory, especially in relation to civilians. Under the banner of fighting terrorism, peace-time has unwittingly become colonized by the logic of war. (shrink)

A wave of recent scholarship has warned about the potential for discriminatory harms of algorithmic systems, spurring an interest in algorithmic accountability and regulation. Meanwhile, parallel concerns about surveillance practices have already led to multiple successful regulatory efforts of surveillance technologies—many of which have algorithmic components. Here, we examine municipal surveillance regulation as offering lessons for algorithmic oversight. Taking the 2017 Seattle Surveillance Ordinance as our primary case study and surveying efforts across five other cities, we (...) describe the features of existing surveillance regulation; including procedures for describing surveillance technologies in detail, requirements for public engagement, and processes for establishing acceptable uses. Although the Seattle Surveillance Ordinance was not intended to address algorithmic accountability, we find these considerations to be relevant to the law’s aim of surfacing disparate impacts of systems in use. We also find that in notable cases government employees did not identify regulated algorithmic surveillance technologies as reliant on algorithmic or machine learning systems, highlighting definitional gaps that could hinder future efforts toward algorithmic regulation. We argue that finer-grained distinctions between types of information systems in the language of law and policy, and risk assessment tools integrated into their implementation would strengthen future regulatory efforts by rendering underlying algorithmic components more legible and accountable to political and community stakeholders. (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)

Purpose The proliferation of surveillance-enhancing laws, policies and technologies across African countries deepens the risk of privacy rights breaches, as well as the risks of adverse profiling and social sorting. There is a heightened need for dedicated advocacy and activism to consistently demand accountability and transparency from African states, governments and their allies regarding surveillance. The purpose of this paper is to understand the issue frames that accompany anti-surveillance and privacy advocacy in Ghana and the related (...) implications. Design/methodology/approach Using a qualitative and interpretivist approach, the author focuses on three different surveillance-oriented incidents/programs in Ghana and analyzes the frames underpinning the related advocacy and narratives of various non-state actors. Findings Privacy and anti-surveillance advocacy in Ghana tends to be less framed in the context of privacy rights and is more driven by concerns about corruption and value for money. Such pecuniary emphasis is rational per issue salience calculations as it elevates principles of economic probity, transparency and accountability and pursues a high public shock value and resonance. Practical implications Economics-centered critiques of surveillance could be counterproductive as they create a low bar for surveillance promoters and sustains a culture of permissible statist intrusions into citizens’ lives once economic virtues are satisfied. Originality/value While anti-surveillance and privacy advocacy is budding across African countries, little is known about its nature, frames and modus compared to such advocacy in European and North American settings. To the best of the author’s knowledge, this is likely the first paper or one of the first dedicated fully to anti-surveillance and advocacy in Africa. (shrink)

Background Outbreaks of infectious disease cause serious and costly health and social problems. Two new technologies – pathogen whole genome sequencing and Big Data analytics – promise to improve our capacity to detect and control outbreaks earlier, saving lives and resources. However, routinely using these technologies to capture more detailed and specific personal information could be perceived as intrusive and a threat to privacy. Method Four community juries were convened in two demographically different Sydney municipalities and two regional cities (...) in New South Wales, Australia to elicit the views of well-informed community members on the acceptability and legitimacy of: making pathogen WGS and linked administrative data available for public health researchusing this information in concert with data linkage and machine learning to enhance communicable disease surveillance systems Fifty participants of diverse backgrounds, mixed genders and ages were recruited by random-digit-dialling and topic-blinded social-media advertising. Each jury was presented with balanced factual evidence supporting different expert perspectives on the potential benefits and costs of technologically enhanced public health research and communicable disease surveillance and given the opportunity to question experts. Results Almost all jurors supported data linkage and WGS on routinely collected patient isolates for the purposes of public health research, provided standard de-identification practices were applied. However, allowing this information to be operationalised as a syndromic surveillance system was highly contentious with three juries voting in favour, and one against by narrow margins. For those in favour, support depended on several conditions related to system oversight and security being met. Those against were concerned about loss of privacy and did not trust Australian governments to run secure and effective systems. Conclusions Participants across all four events strongly supported the introduction of data linkage and pathogenomics to public health research under current research governance structures. Combining pathogen WGS with event-based data surveillance systems, however, is likely to be controversial because of a lack of public trust, even when the potential public health benefits are clear. Any suggestion of private sector involvement or commercialisation of WGS or surveillance data was unanimously rejected. (shrink)

This paper uses the term “ surveillance ” in its widest sense to include data sharing and the revealing of identity information in the absence of consent of the individual concerned. It argues that the current debate about the nature of a “ surveillance society” needs a new structural framework that allows the benefits of surveillance and the risks to individual privacy to be properly balanced. To this end, the first part of this article sets out (...) the reasons why reliance on the current framework of data protection or human rights legislation, or on the current regulatory regime does not necessarily protect privacy. The second part sets out nine principles that can be used to assess whether individual privacy is comprehensively considered when surveillance policy is developed. These principles are applied to surveillance in the UK to identify the structural improvements that could create an effective balance. These principles are not legislative proposals but provide a means of exploring possible deficiencies in information law governance and, in particular, Parliament’s role in scrutinising the executive and the powers needed by a regulator when engaging with the Parliamentary process. As most European countries adopt a democratic, human rights framework, it is suggested that these principles are not limited in an application in the UK environment. The views expressed in this article are the author’s own. (shrink)

Drawing on Foucault’s governmentality thesis, together with the insightful lens offered by Miller and Rose’s seminal work “Governing Economic Life,” this paper suggests that the ‘quick response’ initiatives deployed by contemporary fashion chains to address the problem of ‘fast fashion,’ are illustrative examples of technologies for governing economic life. The meticulous recording and the minute surveillance regimes of the apparatus of quick response, renders the phenomenon of fast fashion knowable and administrable. Calculative technologies operate according to a normalising process (...) that separates the fashionable from the unfashionable. Calculative practices also perpetuate the phenomenon of fast fashion by facilitating the faster flow of both product and information. In so doing, they both construct and sustain mass fashion. (shrink)

Since the Enlightenment, there have been advocates for the rationalizing efficiency of enlightened sovereigns, bureaucrats, and technocrats. Today these enthusiasms are joined by calls for replacing or augmenting government with algorithms and artificial intelligence, a process already substantially under way. Bureaucracies are in effect algorithms created by technocrats that systematize governance, and their automation simply removes bureaucrats and paper. The growth of algorithmic governance can already be seen in the automation of social services, regulatory oversight, policing, the justice system, and (...) the military. However, there have also always been justified democratic and economic criticisms of autocracy, bureaucracy, technocracy, and algorithmic governance. Bureaucrats, technocrats, and algorithms embody biases that tend to serve the interests of elites, and all require transparency and democratic accountability, oversight individual citizens are ill equipped to exercise. As state apparatuses are increasingly automated, mechanisms for collective action and democratic oversight also need to be automated. Algorithms and cyborg citizenry will enable a posthuman democracy. Democratically accountable algorithmic governance, enabled by artificial intelligence and human enhancement, can automate bottom-up citizen surveillance, inform debate, aggregate decision making, and ensure the efficient working of the gradually withering state. As paid work disappears and we transition to a postcapitalist economy with a universal basic income, market mechanisms can be replaced with democratic planning. Indeed, only algorithmic governance can secure our future against accelerating threats from technological innovation. (shrink)

Effective social data governance rests on a bedrock of social support. Without securing trust from the populace whose information is being collected, analyzed, and deployed, policies on which such data are based will be undermined by a lack of public confidence. The COVID-19 pandemic has accelerated digitalization and datafication by governments for the purposes of contact tracing and epidemiological investigation. However, concerns about surveillance and data privacy have stunted the adoption of such contact-tracing initiatives. This commentary analyzes (...) Singapore's contact-tracing initiative to uncover the reasons for public resistance and efforts by the state to address them. The government's contact-tracing program encompassing its proprietary TraceTogether app and physical token initially triggered vociferous public criticisms of Big Brother style surveillance. Using a dialogic communication framework, we analyze the TraceTogether initiative to interrogate the communicative strategies that were used to overcome public resistance. We argue that these strategies reflect a top-down approach that prioritizes transactional dissemination of information, in line with Singapore's technocratic stance toward governance. We further assert that such communicative tactics represent missed opportunities to foster public confidence in social data governance through greater trust building. We propose solutions for more dialogic communicative forms that build trust, so that officials can develop a sound understanding of the public concerns, increase the level of public engagement, and incorporate public feedback into policies that govern data use. (shrink)

The purpose of this paper is to evaluate the quality of Environmental, Social and Governance (ESG) reporting of Spanish companies listed in the IBEX-35 stock index Firstly, it establishes four requisites for quality in ESG reporting. Secondly, it evaluates whether ESG reports comply with these requirements. Using a benchmark tool based on GRI3 we can conclude that the GRI has resulted in some standardization of corporate social and environmental reporting, particularly as regards to format, but their approach to indicators is (...) unlikely to produce high quality information that is relevant, comparable, complete and accessible to all stakeholders. Also, there seems to be evidence that reporting is orientated to satisfy shareholders and investors´ demands rather than to other stakeholders´. (shrink)

In his article ‘The Metaverse: Surveillant Physics, Virtual Realist Governance, and the Missing Commons,’ Andrew McStay addresses an entwinement of ethical, political, and metaphysical concerns surrounding the Metaverse, arguing that the Metaverse is not being designed to further the public good but is instead being created to serve the plutocratic ends of technology corporations. He advances the notion of ‘surveillant physics’ to capture this insight and introduces the concept of ‘virtual realist governance’ as a theoretical framework that ought to guide (...) Metaverse design and regulation. This commentary article primarily serves as a supplementary piece rather than a direct critique of McStay’s work. First, I flag certain understated or overlooked nuances in McStay’s discussion. Then, I extend McStay’s discussion by juxtaposing a Lockean inspired argument supporting the property rights of Metaverse creators with an opposing argument advocating for a Metaverse user's ‘right to virtual abundance,’ informed by the potential of virtual reality technology to eliminate scarcity in virtual worlds. Contrasting these arguments highlights the tension between corporate rights and social justice in the governance of virtual worlds and bears directly on McStay’s assertion that there is a problem of the missing commons in the early design of the Metaverse. (shrink)

Comprehension and recall of informed consent was assessed after the study closure in the parents/guardians of a birth cohort of children participating in an intensive three-year diarrhoeal surveillance. A structured questionnaire was administered by field workers who had not participated in the study's follow-up protocol. Of 368 respondents, 329 (89.4 per cent) stated that the study was adequately explained during enrolment, but only 159 (43.2 per cent) could recall that it was on diarrhoea. Nearly half (45.9 per cent) of (...) the respondents stated that they would not have participated if free medical treatment was not provided, although the free medical clinic was not offered at enrolment. Spousal approval (82.9 per cent) was the most important factor in the decision to participate. In the multivariate analysis, maternal education was associated with increased awareness about the disease under study: mothers without any formal education had the lowest awareness (OR = 3.47, 95 per cent CI = 1.60–7.51). Despite a high compliance with the study protocol, retention of understanding about the research study was low over a long period of time. Although the local government provides free healthcare in the study area, respondents cited free healthcare as an important reason for participation, highlighting the need for true health equity before meaningful informed consent can be obtained. (shrink)

Comprehension and recall of informed consent was assessed after the study closure in the parents/guardians of a birth cohort of children participating in an intensive three-year diarrhoeal surveillance. A structured questionnaire was administered by field workers who had not participated in the study's follow-up protocol. Of 368 respondents, 329 stated that the study was adequately explained during enrolment, but only 159 could recall that it was on diarrhoea. Nearly half of the respondents stated that they would not have participated (...) if free medical treatment was not provided, although the free medical clinic was not offered at enrolment. Spousal approval was the most important factor in the decision to participate. In the multivariate analysis, maternal education was associated with increased awareness about the disease under study: mothers without any formal education had the lowest awareness. Despite a high compliance with the study protocol, retention of understanding about the research study was low over a long period of time. Although the local government provides free healthcare in the study area, respondents cited free healthcare as an important reason for participation, highlighting the need for true health equity before meaningful informed consent can be obtained. (shrink)

Current evolutionary and cognitive theories of religion posit that supernatural agent concepts emerge from cognitive systems such as theory of mind and social cognition. Some argue that these concepts evolved to maintain social order by minimizing antisocial behavior. If these theories are correct, then people should process information about supernatural agents’ socially strategic knowledge more quickly than non-strategic knowledge. Furthermore, agents’ knowledge of immoral and uncooperative social behaviors should be especially accessible to people. To examine these hypotheses, we measured (...) response-times to questions about the knowledge attributed to four different agents—God, Santa Claus, a fictional surveillance government, and omniscient but non-interfering aliens—that vary in their omniscience, moral concern, ability to punish, and how supernatural they are. As anticipated, participants respond more quickly to questions about agents’ socially strategic knowledge than non-strategic knowledge, but only when agents are able to punish. (shrink)

The information regime is mediated by the culture of the electronic device. It is characterized by the control of the deluded citizen through the deployment of freedom, thereby nullifying the core issue of human life: freedom. Through phenomenological-hermeneutic methodology (Heidegger, 2002), this work starts from the world of digital life to direct the interpretation towards digital governance, all of which appears as a hermeneutic horizon the information regime. It is concluded that in this new social order the political (...) and all other orders that arise from interaction are governed by a capitalism of emotions. (shrink)

This chapter provides a high-level overview of key ethical issues raised by the use of surveillance technologies, such as digital contact tracing, disease surveillance, and vaccine passports, to combat the COVID-19 pandemic. To some extent, these issues are entirely familiar. I argue that they raise old questions in new form and with new urgency, at the intersection of information ethics, research ethics, and public health. Whenever we deal with data-driven technologies, we have to ask how they fare (...) in relation to important values like privacy, fairness, transparency, and accountability—values emphasized by information ethics scholars. Likewise, when such technologies put individuals at risk in order to drive scientific research and knowledge construction, we have to ask how they implicate values such as autonomy, beneficence and non-maleficence, and justice—values central to research ethics. And as researchers focusing on health information have long argued, when the data collected by these technologies pertain to individuals and public health, these ethical issues take on a special cast. -/- It is also true, however, that the pandemic has placed these questions in a new and revealing light. I highlight three insights from information ethics and research ethics that can help us navigate this difficult terrain. First, the value of privacy is instrumental, not absolute—there is nothing wrong with asking how to balance privacy against other important values. Second, privacy has both individual and social importance. Weighing privacy, on one hand, and public health, on the other, is not, therefore, a contest between individual and collective interests. Rather, it is an attempt to balance disparate public goods. Third, we ought to put these kinds of ethical decisions in the hands of third parties, rather than leaving them up to those who directly stand to benefit from them. In the case of pandemic surveillance technologies, this should mean more public, democratic oversight. (shrink)

Background The opioid epidemic has enabled rapid and unsurpassed use of big data on people with opioid use disorder to design initiatives to battle the public health crisis, generally without adequate input from impacted communities. Efforts informed by big data are saving lives, yielding significant benefits. Uses of big data may also undermine public trust in government and cause other unintended harms. Objectives We aimed to identify concerns and recommendations regarding how to use big data on opioid use in ethical (...) ways. Methods We conducted focus groups and interviews in 2019 with 39 big data stakeholders who had interest in or knowledge of the Public Health Data Warehouse maintained by the Massachusetts Department of Public Health. Results Concerns regarding big data on opioid use are rooted in potential privacy infringements due to linkage of previously distinct data systems, increased profiling and surveillance capabilities, limitless lifespan, and lack of explicit informed consent. Also problematic is the inability of affected groups to control how big data are used, the potential of big data to increase stigmatization and discrimination of those affected despite data anonymization, and uses that ignore or perpetuate biases. Participants support big data processes that protect and respect patients and society, ensure justice, and foster patient and public trust in public institutions. Recommendations for ethical big data governance offer ways to narrow the big data divide, enact shared data governance, cultivate public trust and earn social license for big data uses, and refocus ethical approaches. Conclusions Using big data to address the opioid epidemic poses ethical concerns which, if unaddressed, may undermine its benefits. Findings can inform guidelines on how to conduct ethical big data governance and in ways that protect and respect patients and society, ensure justice, and foster patient and public trust in public institutions. (shrink)

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting twist, (...) the tech giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

This study builds on prior research investigating the antecedents of firm supererogation. Examining vehicle recalls in the U.S. automobile industry from 1966 to 2010 reveals that surveillance-based government enforcement programs can have widespread industry effects on a specific type of supererogatory action, firm volunteerism. Specifically, increases in government surveillance are associated with firms going beyond what is legally required of them by initiating voluntary product recalls for defects not covered in existing government regulation. Such effects are shown to (...) be unique among surveillance efforts as other government enforcement activities, such as standards-based regulation, are revealed to have a negative association with firm supererogation. (shrink)

The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, (...) the article argues that only the latter two constitute compelling independent concerns. It then focuses particularly on the third concern, exploring the risk of government surveillance being used to enforce illegitimate laws. It discusses three legitimacy-related reasons why we should be worried about the expansion of surveillance capacities in established democracies: Even established democracies might decay. There is a risk that surveillance capacities that are used for democratically legitimated purposes today will be used for poorly legitimated purposes in the future. Surveillance may be used to enforce laws that lack legitimacy due to the disproportionate punishment attached to their violation. The democratic procedures in established democracies fail to conform to the requirements formulated by mainstream theories of democratic legitimacy. Surveillance is thus used to enforce laws whose legitimacy is in doubt. (shrink)

The number of large research projects in the fields of identity, privacy and related topics has burgeoned in recent years. This is a development of great importance to academic scholarship but also to a wider range of audiences and ‘users’, including policy-makers and regulators, the information and communication technology industries, and the general public. New issues have been spotlighted as we move into what some call ‘surveillance societies’, along with a clearer sense of the problems created, and the (...) advantages afforded, by the ability of governments and businesses to identify people and groups, monitor and track their behaviour ad movements, provide them with services at home, in the workplace, online, and in the streets, and enable them to engage in important transactions involving flows of information as well as money. New ways of mitigating adverse effects and enhancing the benefits have been explored, although we are only near the beginning of thinking through and acting on .. (shrink)

This book presents a comprehensive theory of the ethics and political philosophy of public health surveillance based on reciprocal obligations among surveillers, those under surveillance, and others potentially affected by surveillance practices. Public health surveillance aims to identify emerging health trends, population health trends, treatment efficacy, and methods of health promotion--all apparently laudatory goals. Nonetheless, as with anti-terrorism surveillance, public health surveillance raises complex questions about privacy, political liberty, and justice both of and in (...) data use. Individuals and groups can be chilled in their personal lives, stigmatized or threatened, and used for the benefit of others when health information is wrongfully collected or used. Transparency and openness about data use, public involvement in decisions, and just distribution of the benefits of surveillance are core elements in the justification of surveillance practices. Understanding health surveillance practices, the concerns it raises, and how to respond to them is critical not only to ethical and trustworthy but also to publicly acceptable and ultimately sustainable surveillance practices. The book is of interest to scholars and practitioners of the ethics and politics of public health, bioethics, privacy and data technology, and health policy. These issues are ever more pressing in pandemic times, where misinformation can travel quickly and suspicions about disease spread, treatment efficacy, and vaccine safety can have devastating public health effects. (shrink)

The words ―Rights,‖ ―Trust,‖ ―Human Dignity,‖ and even ―Government‖ have widely varying meanings and connotations, differing across time, languages and cultures. Concepts of rights, trust, and human dignity have been examined for centuries in great depth by ethicists and other philosophers and by religious think-ers, and more recently by social scientists and, especially as related to information, by information scientists. Similarly, discussions of government are well documented in writings back to Plato and Aristotle, with investi-gations of electronic government (...) dating back only to the early 1990s with the advent of the Internet and the World Wide Web. At first e-government was described in glowing, positive terms. Little, if any, attention was paid to two critical questions: 1) Will people trust e-government? and 2) How will cultural differences affect individuals‘ trust in government and their perceptions of govern-ment‘s effect of their human dignity? Examinations of trust and distrust by individuals within organizations have addressed questions of motives and intentions, expectations of behavior, protection of interests, confi-dence in accuracy and reliability of information, vulnerability, and reciprocity, among other complex topics. Establishing e-government services often requires going through several phases: 1) publish , 2) interact transact transform . Building and maintaining trust in e-government require developing an understanding both of the many levels of interactions where trust must be earned and of cultural differences. Another challenge in developing such a framework is that e-government, itself, is very dynamic, changing rapidly over time. Trust in content or a system available one day may not carry over when the content and/or system changes dramatically. Components of a framework must include the follow-ing dimensions: conceptual domains, cultural dimensions, information content dimensions, and system di-mensions. Of course, these dimensions must be considered within the context of rapidly changing govern-ments, ICT services, the digital divide, and other factors. This paper provides a very brief overview of some of the notions of trust and distrust, concentrating on those concerning trust as it relates to notions of power, trust in organizations, and trust in information and information systems as one part of a framework to ad-dress the question of trust in e-government. It also makes a few recommendations for how to build citizen-centric e-government to ensure information rights through a focus on human dignity, fundamental human rights, and earning trust. (shrink)

Governments are increasingly making use of field experiments to evaluate policy interventions in the spheres of education, public health and welfare. However, the research ethics literature is largely focused on the clinical context, leaving investigators, institutional review boards and government agencies with few resources to draw on to address the ethical questions they face regarding such experiments. In this article, we aim to help address this problem, investigating the conditions under which informed consent is required for ethical policy research (...) conducted or authorized by government. We argue that investigators need not secure participants' informed consent when conducting government policy experiments if: the government institution conducting or authorizing the experiment possesses a right to rule over the spheres of policy targeted by the research; and data collection does not involve the violation of participants' autonomy rights. (shrink)

In times of national crisis, citizens are often asked to trade liberty and privacy for security. And why not, it is argued, if we can obtain a fair amount of security for just a little privacy? The surveillance that enhances security need not be overly intrusive or life altering. It is not as if government agents need to physically search each and every suspect or those connected to a suspect. Advances in digital technology have made such surveillance relatively (...) unobtrusive. Video monitoring, global positioning systems, airport body scanners, and biometric technologies, along with data surveillance, provide law enforcement officials with monitoring tools, without also unduly burdening those being watched. Against this view are those who maintain that we should be worried about trading privacy for security. Criminals and terrorists, it is argued, are nowhere near as dangerous as governments. There are too many examples for us to deny Lord Acton’s dictum that “power tends to corrupt, and absolute power corrupts absolutely.” If information control yields power and total information awareness radically expands that power, then we have good reason to pause before trading privacy for security. (shrink)

As a technique of social control based on the collection of information, surveillance has been a central instrument of any administrative power since the modern era. Surveillance, however, can be carried out in different ways and these can provide important information on the basic features of a particular political system. Indeed, the introduction of surveillance measures has an impact on key relationships of a political system, such as liberty and security, autonomy and authority. When a (...) political system is, like the European Union (EU), in a dynamic and build-up phase, by analysing its surveillance practices one can even discern the trajectories of its developments. The paper analyses two surveillance measures in the EU: the Schengen Information System (SIS) and the Directive 2006/24/EC on data retention. It puts forth the argument that the reference to security as a value enables the EU to compensate its legitimacy deficiencies and to develop into a power system characterised by a more supranational structure than before. (shrink)

Over the past decade higher education policy in England has gradually switched from a stance of 'government as purchaser' to 'government as informer'. During 2012 this policy stance has been intensified through new requirements for the advice provided by schools and the introduction of 'Key Information Sets' which are intended to 'drive up quality' through informed choice. This paper documents this policy shift and subjects it to critical scrutiny.

Neither the range of potential results from genomic research that might be returned to participants nor future uses of stored data and biospecimens can be fully predicted at the outset of a study. Informed consent procedures require clear explanations about how and by whom decisions are made and what principles and criteria apply. To ensure trustworthy research governance, there is also a need for empirical studies incorporating public input to evaluate and strengthen these processes.

The aim of this study is to examine whether gender diversity on audit committees influences financial reporting quality by using panel data of Spanish listed firms. The financial reporting quality of firms is measured by the type of opinion received in the audit report. We estimate various panel data models of audit opinions and control for factors that are traditionally found to impact audit opinions. This study provides evidence to support the hypotheses that the percentage of females on ACs reduces (...) the probability of qualifications due to errors, non-compliance or the omission of information. Furthermore, the results also find that the percentage of female directors on ACs, the percentage of independent female directors on ACs and ACs chaired by females increase the likelihood of further transparency by disclosing audit reports with uncertainties and scope limitation qualifications. (shrink)

To make behavioral choices that are in line with our goals and our moral beliefs, we need to gather and consider information about our current situation. Most information present in our environment is not relevant to the choices we need or would want to make and thus could interfere with our ability to behave in ways that reflect our underlying values. Certain sources of information could even lead us to make choices we later regret, and thus it (...) would be beneficial to be able to ignore that information. Our ability to exert successful self-governance depends on our ability to attend to sources of information that we deem important to our decision-making processes. We generally assume that, at any moment, we have the ability to choose what we pay attention to. However, recent research indicates that what we pay attention to is influenced by our prior experiences, including reward history and past successes and failures, even when we are not aware of this history. Even momentary distractions can cause us to miss or discount information that should have a greater influence on our decisions given our values. Such biases in attention thus raise questions about the degree to which the choices that we make may be poorly informed and not truly reflect our ability to otherwise exert self-governance. (shrink)

Purpose A survey of the attitudes of students in eight countries towards the revelations of mass surveillance by the US’ NSA and the UK’s GCHQ has been described in an introductory paper and seven country-specific papers. This paper aims to present a comparison of the results from these countries and draws conclusions about the similarities and differences noted. Design/methodology/approach A questionnaire was deployed in Germany, Japan, Mexico, New Zealand, The People’s Republic of China, Spain, Sweden and Taiwan. The original (...) survey was in English, translated into German, Japanese and Chinese for relevant countries. The survey consists of a combination of Likert scale, Yes/no and free-text responses. The results are quantitatively analysed using appropriate statistical tools and the qualitative answers are interpreted. Findings There are significant differences between respondents in the countries surveyed with respect to their general privacy attitudes and their willingness to follow Snowden’s lead, even where they believe his actions served the public good. Research limitations/implications Owing to resource limitations, only university students were surveyed. In some countries, the relatively small number of respondents limits the ability to make meaningful statistical comparisons between respondents from those countries and from elsewhere on some issues. Practical implications Snowden’s actions are generally seen as laudable and having had positive results, among the respondents surveyed. Such results should give pause to governments seeking to expand mass surveillance by government entities. Originality/value There have been few surveys regarding attitudes to Snowden’s revelations, despite the significant press attention and political actions that have flowed from it. The context of attitudes to both the actions he revealed and the act of revelation itself is useful in constructing political and philosophical arguments about the balance between surveillance activity for state security and the privacy of individual citizens. (shrink)

This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within individuals over (...) time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

The Chinese government capped executive compensation in state-owned enterprises (SOEs) to address income inequality and promote a more equitable distribution of wealth. This study investigates whether regulating top executives' pay alters their motivation for corporate green innovation (GI) initiatives. Using data from 2006 to 2018 for Chinese-listed SOEs, the regression analysis and difference-in-difference methods revealed that government restrictions on executive compensation negatively affect GI. Furthermore, the types of SOE results show that the negative effect of pay restrictions on GI exists (...) only in local SOEs, as opposed to central SOEs. Moreover, high managerial shareholding positively moderates this negative effect, demonstrating that the adverse effects of compensation restrictions are mitigated by the convergence of interests between managers and stakeholders. These findings are robust to instrumental variables and other robustness tests. This study provides policy recommendations for the government to boost its assistance in GI and establish new environment-related incentives that motivate managers to promote GI and inspire enterprises to deploy sustainable environmental initiatives. (shrink)

The completion of the Human Genome Project has opened up unprecedented possibilities in healthcare, but also ethical and social dilemmas in terms of how these can be achieved. Genomic information can be seen as a "global public good" (GPG), in that it is represented by knowledge in the public domain and across national boundaries. Lack of investment, infrastructure and expertise in developing countries means that they are unable to take advantage of these GPG characteristics to address their health needs, (...) fuelling fears of a growing "genomics divide". Some have suggested an international knowledge sharing and capacity building network, a Global Genomics Initiative, as a means to harness the potential of genomics to reduce inequalities in health between North and South. Three UNESCO declarations also call for cooperation between developed and developing countries in genomics research and science and technology in general. Using international relations theories around global governance and networks as a conceptual framework, this paper examines whether these initiatives are likely to succeed in providing effective governance of genomics. (shrink)

Nous formulons et illustrons l’hypothèse que les sites de réseaux socionumériques constituent un mécanisme emblématique de la « société de contrôle » prophétisée par Gilles Deleuze. Au centre de ce dispositif, se retrouve en effet un double mouvement contradictoire : d’une part, le processus de captation capitalistique des informations déposées par les usagers contributeurs − nous pourrions décrire ce premier mouvement comme étant celui d’une surveillance institutionnelle se réalisant par le contrôle centralisé de l’information ; d’autre part, et (...) de manière surprenante, l’on constate un consentement − voire même parfois, un désir − exprimée par de nombreux usagers d’exposer publiquement des informations et des images concernant leur vie personnelle, et cela malgré les risques qui se rattachent à de telles opérations de dévoilement. Ce second mouvement apparaît être le mécanisme central du processus d’intériorisation douce du contrôle social par des usagers pratiquant une forme de « servitude volontaire » rattachée aux besoins du capitalisme informationnel, c’est-à-dire un système dont la production de la valeur économique est fondée sur l’agrégation en bases de données gigantesques et monétisables, des informations déposées sur les sites selon une logique du grand nombre .The hypothesis we put forward and illustrate in this article is that social networking sites have become a mechanism which is emblematic of the “society of control” prophesied by Gilles Deleuze. At its hub are two conflicting movements: one is a capitalistic process of capturing information posted by contributing users, which might be seen as a tendency towards institutional surveillance through centralised data control. The other is the somewhat surprising consent of many users – and even their active desire – for public disclosure of information and images on their private lives, despite the ethical and professional risks attached to these practices of self-disclosure. This second movement seems to be a central mechanism that governs a process of painless internalisation of social control by users, as they consent to a kind of voluntary enslavement to the needs of information capitalism, in other words to a system where the production of economic value is based on aggregating, or “crowdsourcing”, often minuscule items of information into gigantic databases capable of generating money. (shrink)