This essay examines some ethical aspects of stalkingincidents in cyberspace. Particular attention is focused on the Amy Boyer/Liam Youens case of cyberstalking, which has raised a number of controversial ethical questions. We limit our analysis to three issues involving this particular case. First, we suggest that the privacy of stalking victims is threatened because of the unrestricted access to on-linepersonal information, including on-line public records, currently available to stalkers. Second, we consider issues involving moral responsibility and legal liability for (...) Internet service providers (ISPs) when stalking crimesoccur in their `space' on the Internet. Finally, we examine issues of moral responsibility for ordinary Internet users to determine whether they are obligated to inform persons whom they discover to be the targets of cyberstalkers. (shrink)

: Widespread collection and use of identifiable information can promote social goods while, at the same time, infringing on personal privacy. Information systems are developing within the context of a fundamental transformation in the organization, delivery, and financing of health care. Changes in the health care system include rapid development of employer-sponsored health coverage, managed care organizations, and integrated delivery systems. These complex, multifaceted arrangements for delivering and paying for health care require ever-more-sophisticated information systems that facilitate extensive (...) sharing of personal data. Systemic flows of sensitive health information occur both vertically and horizontally among employers, hospitals, insurers, laboratories, and suppliers. Beyond this complex web of vertical and horizontal sharing are the multiple demands for information management, quality assurance, research, governmental regulation, and public health. Theoretical problems exist with the law and ethics of informational privacy. The traditional method of exercising control over personal health information is through informed consent. Informed consent, however, within a modern health information infrastructure becomes highly complex. In this kind of environment, the doctrine of informed consent is flawed and does not provide sufficient control over personal information to assure adequate protection of privacy. (shrink)

From a speech given at a conference sponsored by the Electronic Funds Transfer Association (EFTA) on "The Puzzle of Data Security and Consumer Privacy," Washington, DC, 16 November 1992. At that time, Dr. Perry was a Consultant in Advisory Services for the Ethics Resource Center.

The introduction and six essays in this book originally appeared as a continuing series in the Southern Journal of Philosophy, and are gathered together here for the first time in one volume. In the introduction, E. M. Adams briefly touches upon the major questions of the philosophy of mind and how they have been dealt with in the past; his suggestion for the future is that philosophers give themselves a little more "categorial room" in which to handle these problems. In (...) the first essay Douglas Browning argues for the essential privacy of the verbal and adverbial functionings of feeling. This is followed by an essay by Charles Hartshorne in which he argues that feelings are by no means essentially private, and that in fact God shares all of our feelings in their full totality. The essay by Donald F. Gustafson continues the non-privacy argument in a different mode. He argues that there is an essential connection between feeling and the expression of that feeling, and that keeping feelings to oneself is something that is learned and by no means necessary. I am not sure his rather narrow notion of privacy keeps the argument philosophically interesting, however. In contrast, the fourth essay, by Erwin W. Straus, is basically phenomenological, and, unfortunately, sounds more like a polemic than a clear description of the incommensurability between the lived world and the "scientific world." In the fifth essay Edward H. Madden gives a synoptic view of the recent work in the philosophy of mind by C. J. Ducasse. Madden sees in his work an extremely promising analysis of the problems in this field, and attempts to show why this is so. The most interesting essay in this book is, I found, the last, by the editor, in which he adds another discussion of Strawson's concept of a person. Van de Vate argues that the analogy upon which Strawson launches his account is misleading. Rather than seeing the concept of a person allied with a tool of the sort Wittgenstein described, Van de Vate would have us understand it in the light of public tools like parliaments. From here, Van de Vate argues that persons are not natural facts, but social facts. I should like to see a more complete handling of this idea and its problems at some future date.--W. de V. (shrink)

This essay examines issues involving personal privacy and informed consent that arise at the intersection of information and communication technology and population genomics research. I begin by briefly examining the ethical, legal, and social implications program requirements that were established to guide researchers working on the Human Genome Project. Next I consider a case illustration involving deCODE Genetics, a privately owned genetics company in Iceland, which raises some ethical concerns that are not clearly addressed in the current ELSI (...) guidelines. The deCODE case also illustrates some ways in which an ICT technique known as data mining has both aided and posed special challenges for researchers working in the field of population genomics. On the one hand, data-mining tools have greatly assisted researchers in mapping the human genome and in identifying certain “disease genes” common in specific populations. On the other hand, this technology has significantly threatened the privacy of research subjects participating in population genomics studies, who may, unwittingly, contribute to the construction of new groups that put those subjects at risk for discrimination and stigmatization. In the final section of this paper I examine some ways in which the use of data mining in the context of population genomics research poses a critical challenge for the principle of informed consent, which traditionally has played a central role in protecting the privacy interests of research subjects participating in epidemiological studies. (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)

The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The (...) laws are scattered and fragmented across the states. Constitutional law is highly general, without important specific safeguards. Finally, a case study is provided showing the important trade-offs that exist between public health and privacy. For a model public health law, see www.critpath.org/msphpa/privacy. (shrink)

In this paper I discuss the political value of the right to privacy. The classical accounts of privacy do not differentiate between privacy as the right of a citizen against other citizens vs. the right to privacy as the right against the state or the government. I shall argue that this distinction should be made, since the new context of the privacy debate has surpassed the historical frames in which the intelligence methods used by governments (...) were comparable to those available to individuals. I also present cases in which political privacy serves as an instrument of protecting important collective agendas exceeding the context of personal privacy. I argue that due to its function, political privacy should be considered a necessary element of democratic governance with the rule of law, imposing legal bounds on governments’ discretionary actions. (shrink)

The growing field of nanotechnology has received considerable attention as of late. The U.S. National Nanotechnology Initiative has committed billions of dollars toward research on the nanoscale, and proponents of nanotechnology claim that its benefits will range from curing cancer to ending poverty. This article takes a look at the possible benefits and problems associated with the development of high-rate nanomanufacturing technologies, specifically in regards to privacy. Nanosensors, small enough to avoid detection by the naked eye and that are (...) produced cheaply enough, could be used as tracking or listening devices. There may be useful applications of such technologies for some defense, intelligence, and medical and industrial purposes; however, widespread availability and abuse of such sensors is a cause for concern. The adequacy of existing legislation concerning technology and privacy is reviewed and possible courses of action for placating any negative effects of nanomanufacturing on personal privacy considered. (shrink)

ABSTRACTCommunity-focused journalists increasingly publish their work for global audiences. This project defines a circle of “community privacy”—the understanding that some information is ethically...

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to (...) share digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (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)

The Internet of Things (IoT) is, in part, an information handling system that can remove humans from the information handling process. The particular problem explored is how we are to understand privacy when considering informational systems that handle personal information in ways that impact people’s lives when there is no human operator in direct contact with that personal information. I argue that these new technologies need to take concepts like privacy into account, but also, that we (...) ought also to take these technologies into account to reconsider and perhaps reconceptualise privacy. This paper argues that while an inhuman system like the IoT does not necessarily violate the interpersonal privacy of people, if the IoT is used as part of a state surveillance program, a political notion of privacy may be violated. (shrink)

Public policies designed to regulate the use of information technology to protect personal data have been based on different theoretical assumptions in different states, depending on whether the problem is defined in technological, civil libertarian, or bureaucratic terms. However, the rapid development, dispersal, and decentralization of information technology have facilitated a range of new surveillance practices that have in turn rendered the approaches of the 1960s and 1970s obsolete. The networking of the postindustrial state will require a reconceptualization of (...) the dynamic relationship between organizational practices and information technology and a more comprehensive appreciation of the privacy problem. With the call for the development of a more coherent information policy in a number of countries, there is evidence that policymakers have been taking this more holistic view. (shrink)

The UK Government published various circulars to indicate the importance of respecting the privacy and dignity of NHS patients following the implementation of the Human Rights Act, 1998. This research used an ethnographic method to determine the extent to which health professionals had in fact upheld the philosophy of these documents. Fieldwork using nonparticipant observation, and unstructured and semistructured interviews with patients and staff, took place over six months in three acute care wards in a large district NHS trust (...) hospital. Applying the principles of phenomenology and grounded theory, the data were analysed and the contents organized into 11 key categories, leading to the formulation of a privacy model. The level of intrusion into patients’ privacy by health professionals was measured against the benchmarking of the ‘dignity and privacy’ factors contained in the Department of Health’s The essence of care document and Article 8 of the Human Rights Act. The findings established that patients had little privacy in the wards, and that the terms ‘privacy of the person’ and ‘dignity’ are interrelated. (shrink)

The concept of privacy by design is becoming increasingly popular among regulators of information and communications technologies. This paper aims at analysing and discussing the ethical implications of this concept for personal health monitoring. I assume a privacy theory of restricted access and limited control. On the basis of this theory, I suggest a version of the concept of privacy by design that constitutes a middle road between what I call broad privacy by design and (...) narrow privacy by design. The key feature of this approach is that it attempts to balance automated privacy protection and autonomously chosen privacy protection in a way that is context-sensitive. In personal health monitoring, this approach implies that in some contexts like medication assistance and monitoring of specific health parameters one single automatic option is legitimate, while in some other contexts, for example monitoring in which relatives are receivers of health-relevant information rather than health care professionals, a multi-choice approach stressing autonomy is warranted. (shrink)

The emergence of personal assistants in the form of smart speakers has begun to significantly alter people’s everyday experiences with technology. The rate at which household Intelligent Personal Assistants such as Amazon’s Echo and Google Home emerged in household spaces has been rapid. They have begun to move human–computer interaction from text-based to voice-activated input, offering a multiplicity of features through speech. The supporting infrastructure connects with artificial intelligence and the internet of things, allowing digital interfaces with domestic (...) appliances, lighting systems, thermostats, media devices and more. Yet this also constitutes a significant new production of situated and sensitive data. This study focuses on how users negotiate and make choices about household Intelligent Personal Assistant use in connection with their data. This study is based on empirical research in Europe with early adopters in Germany and potential users in the Netherlands. This examination of users’ early stage technology acceptance considerations highlights particular practices and choices of users to either preserve their privacy or determine what is acceptable use for their data. Drawing on a simplified version of Unified Theory of Acceptance and Use of Technology 2, a quantitative model for technology acceptance, we demonstrate how acceptance of a household Intelligent Personal Assistants does not imply access to all household data, how users see usefulness in relation to a proliferation of devices, and note the recognition by users regarding the efforts needed for full use and acceptance. The study highlights the complexity of data production at a household level and how these devices produce myopic views of users for platforms. (shrink)

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

Few studies have examined the relationship between personality traits and social networking sites (SNSs) with a dominant concentration on the personality alterations under SNSs influence. The relationship between personality and privacy control was less focused and discussed. In order to figure out the internal mechanism of such link among youth SNSs users, the Theory of Planned Behavior (TPB) was extended by including Five-Factor Model of Personality to explore how personality traits interact with privacy control behavior on SNSs. The (...) investigation using the theoretical method mentioned led to several hypotheses which were later assessed by an online study conducted within randomly chosen college students (N = 201) from two randomly chosen universities in China. This sampling strategy was designed to mimic the situation of targeted research population in the most reasonable way. The results suggested neuroticism and openness predicted SNSs privacy. Neuroticism and openness predicted “networked privacy” was also found. Theoretical implications of these findings were addressed. (shrink)

Of all the moral concerns regarding privacy in its various meanings, this essay selects only one: the right to be left alone by others, in particular, by government. Because moral controversies in pluralist societies tend to be interminable, and surely controversies regarding privacy are no exception, I approach the right to privacy in terms of the centrality of persons. When there are foundational disputes about which content-full moral view should govern, it is not possible to resolve such (...) controversies without begging the question or conceding at the outset crucial moral premises. This observation is not to affirm a moral skepticism or relativism. At worst, it involves an epistemic skepticism, a skepticism about the possibility of resolving controversies by sound rational argument without begging the question or engaging in an infinite regress. (shrink)

This study focuses on two specific privacy policies, namely privacy assurance and personalization declaration. Specifically, we investigate how these distinct privacy policies affect customers’ privacy concerns and subsequent purchase responses. We have developed a conceptual model that addresses the independent effects of privacy assurance and personalization declaration, as well as the mechanism of these effects. Our model is grounded in motivation theory and supported by a field experiment and a controlled experiment. Our study demonstrates that (...) privacy assurance that claims security protection negatively affects customers’ purchase probability and purchase amount. By contrast, personalization declaration that addresses personalized benefits positively affects customers’ purchase probability and purchase amount. Privacy concerns significantly mediate the negative effects of privacy assurance on purchase responses and the positive effects of personalization declaration on purchase responses. Overall, our findings inform managers of how to deploy privacy policies to reduce customers’ privacy concerns and boost purchase responses. (shrink)

I argue that the moral right to privacy is the moral right to consent to access by others to one’s personal information. Although this thesis is relatively simple and already implicit in considerations about privacy, it has, nevertheless, been overlooked by philosophers. In the paper, I present and defend my account of the moral right to privacy, respond to possible objections to it, and attempt to show its advantages over two recent accounts: one by Steve Matthews (...) and the other by Adam Moore. I also offer reasons to think that my account can be assimilated into a broad range of fundamental ethical approaches (i.e., a variety of consequentialist,deontological, and natural law approaches). Given the number and variety of such approaches, however, I can only attempt to make a prima facie case for the adaptability of the proposed account. (shrink)

Of all the moral concerns regarding privacy in its various meanings, this essay selects only one: the right to be left alone by others, in particular, by government. Because moral controversies in pluralist societies tend to be interminable, and surely controversies regarding privacy are no exception, I approach the right to privacy in terms of the centrality of persons. When there are foundational disputes about which content-full moral view should govern, it is not possible to resolve such (...) controversies without begging the question or conceding at the outset crucial moral premises. This observation is not to affirm a moral skepticism or relativism. At worst, it involves an epistemic skepticism, a skepticism about the possibility of resolving controversies by sound rational argument without begging the question or engaging in an infinite regress. (shrink)

Purpose Human genomic research demands very large pools of data to generate meaningful inference. Yet, the sharing of one’s genetic data for research is a voluntary act. The collection of data sufficient to fuel rapid advancement is contingent on individuals’ willingness to share. Privacy risks associated with sharing this unique and intensely personal data are significant. Genetic data are an unambiguous identifier. Public linkage of donor to their genetic data could reveal predisposition to diseases, behaviors, paternity, heredity, intelligence, (...) etc. The purpose of this paper is to understand individuals’ willingness to volunteer their private information in this high-risk/high-reward context. Design/methodology/approach The authors collect survey data from 273 respondents and use structural equation modeling techniques to analyze responses. Findings The authors find statistical support for our theorization. They find that while heightened awareness of the benefits and risks of sharing correlates with increased privacy concerns, the net impact is an increase in intention to share. Social implications The findings suggest that prescriptive awareness might be an effective tool with which policy-makers can gain the sufficient voluntary participation from individuals necessary to drive large-scale medical research. Originality/value This study contributes a theoretically and empirically informed model which demonstrates the impact of awareness and privacy concern on individuals’ willingness to share their genetic data for large-scale HGR. It helps inform a rising class of data sufficiency problems related to large-scale medical research. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications (...) of big data exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

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

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)

One of the most prominent ethical concerns regarding emerging neurotechnologies is mental privacy. This is the idea that we should have control over access to our neural data and to the information about our mental processes and states that can be obtained by analyzing it. A key issue is whether this information needs more stringent protection than other kinds of personal information. I will articulate and support the view, underlying recent regulatory frameworks, that mental privacy requires a (...) special treatment because of its relation to relevant aspects of personal identity. It has been suggested that this approach could be supported by the idea that mental privacy constitutes a fundamental psychological dimension of privacy. The connection between this psychological view of privacy and identity can be traced back to Irwin Altman’s idea that privacy is an interpersonal boundary regulation process. However, it is not clear whether this notion of privacy can be associated with a conception of identity that is relevant in contemporary neuroethics. I will suggest that the narrative and relational approach to identity, a prominent view in recent ethical discussions of neurotechnology, lines up with key aspects of Altman’s proposal. I suggest that if mental privacy is an essential component of identity, the latter could be affected by technological mind-reading. (shrink)

This paper undertakes a comparative legal study to analyze the challenges of privacy and personal data protection posed by Artificial Intelligence embedded in Robots, and to offer policy suggestions. After identifying the benefits from various AI usages and the risks posed by AI-related technologies, I then analyze legal frameworks and relevant discussions in the EU, USA, Canada, and Japan, and further consider the efforts of Privacy by Design originating in Ontario, Canada. While various AI usages provide great (...) convenience, many issues, including profiling, discriminatory decisions, lack of transparency, and impeding consent, have emerged. The unpredictability arising from the AI machine learning function poses further difficulties, which have only been partially addressed by legal frameworks in the aforementioned jurisdictions. However, analyzing the relevant discussions yielded several suggestions. The first priority is adopting PbD as the most flexible, soft-legal, and preferable approach toward AI-oriented issues. Implementing PbD will protect individual privacy and personal data without specific efforts, and achieve both the development of AI and the advancement of privacy and personal data protection. Technical measures that can adapt to an individual’s dynamic choices according to the “context” should be further developed. Furthermore, alternative technical measures, including those to solve the “algorithmic black box” or achieve differential privacy, warrant thorough examination. If AI surpasses human intelligence, a terminating function, such as a “kill switch” will be the last resort to preserve individual choice. Despite numerous difficulties, we must prepare for the coming AI-prevalent society by taking a flexible approach. (shrink)

The corona pandemic altered many traditional and historical norms of society and law. COVID-19 created a humanitarian crisis in some parts of globe, while pandemic privacy and civil liberties were under threat all over world. To combat the deadly virus, individual liberty and equality were compromised. This paper focuses on how India’s health problem has compromised people’s right to privacy. It will highlight how strict executive policies led to the creation of a massive surveillance system in the name (...) of combating the COVID-19 pandemic, as well as how the absence of any policy or legal framework led to the exclusion of individuals and their families who were suspected of having the virus or caring for those who were infected with the deadly virus. The paper uses case studies and data collected from primary as well as secondary sources. The authors will also point out how the absence of privacy regulation puts millions of citizens’ private information at risk of being compromised or exploited against their will. (shrink)

The purpose of this paper is to show how certain uses of search-engine technology raise concerns for personal privacy. In particular, we examine some privacy implications involving the use of search engines to acquire information about persons. We consider both a hypothetical scenario and an actual case in which one or more search engines are used to find information about an individual. In analyzing these two cases, we note that both illustrate an existing problem that has been (...) exacerbated by the use of search engines and the Internet – viz., the problem of articulating key distinctions involving the public vs. private aspects of personal information. We then draw a distinction between “public personal information” and “nonpublic personal information” to see how this scheme can be applied to a problem of protecting some forms of personal information that are now easily manipulated by computers and search engines – a concern that, following Helen Nissenbaum , we describe as the problem of privacy in public. (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)

The primary thesis of this article is that the rights and powers of corporations--to collect, recombine, and resell personal data--have accrued in such a way as to fundamentally circumvent traditional and conventional conceptions of privacy, especially with respect to the sphere of informational privacy. In so doing, informational capitalism has also altered in fundamental ways the public and social sphere itself, the sphere through which one might expect these corporate forces and uses of technology to be controlled.