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

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity (...) of citizens to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

While the balance between individual privacy and government monitoring or corporate surveillance has been a frequent topic across numerous disciplines, the issue of privacy within the family has been largely ignored in recent privacy debates. Yet privacy intrusions between parents and children or between adult partners or spouses can be just as profound as those found in the more “public spheres” of life. Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics (...) of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. Parents are tracking children via GPS-enabled cell phone tracking software and are monitoring the Internet use of family members. Parents, siblings, and children are also posting information about their family members online, often without consent, and are creating social media profiles for others online. Prior scholarly work in philosophy and law has primarily addressed the privacy of children from third parties, usually commercial entities, and in the context of making medical decisions. Less attention has been directed at exploring a more general right of privacy of one family member against parents, siblings, children, or spouses. In this article, we do just that. We consider several moral rules that determine appropriate privacy boundaries within the family. More specifically, we will consider when overt or covert surveillance of a child, spouse, or partner by an adult family member is morally permitted. (shrink)

The issue of large-scale, population based DNA collections has become a world-wide discussion, which is hoped to bring substantial improvements in medicine. Continuous access to clinical data linked to the genetic samples is very important for some research that aims to find significant association between genes and diseases. This raises ethical issues related to privacy and confidentiality of medical records and the genetic information of the individuals who may be involved in the research. Genetic databases can also raise challenges (...) for the protection of the rights of the social groups, in avoiding potential stigmatization or discrimination. Informed consent of voluntary participants is another important issue in genetic research.We consider whether a person has ethical duties to donate a sample to a database if it will be used for the improvement of the health services to which they have benefited from. The balance between individual's privacy and public health is needed in genetic research. A good database will contribute to the good of both donors and society. (shrink)

The article analyses the distinction between the private and the public sphere from a conceptual and from a normative point of view. On the conceptual level, it is argued that the common dichotomous view is incomplete, giving rise to conceptual confusions which can be overcome by a careful distinction between the intimate and the private sphere. While the boundary between the private and the public is a conventional matter, the sphere of intimacy, including thoughts as well as a certain type (...) of actions, is empirically delimited. On the normative level, a number of arguments for or against the extension or restriction of the private sphere as well as for or against the intervention of the state in its citizens’ spheres of intimacy is discussed from a liberal point of view. (shrink)

Background Sharing anonymized/de-identified clinical trial data and publishing research outcomes in scientific journals, or presenting them at conferences, is key to data-driven scientific exchange. However, when data from scientific publications are linked to other publicly available personal information, the risk of reidentification of trial participants increases, raising privacy concerns. Therefore, we defined a set of criteria allowing us to determine and minimize the risk of data reidentification. We also implemented a review process at Takeda for clinical publications prior to (...) submission for publication in journals or presentation at medical conferences. Methods Abstracts, manuscripts, posters, and oral presentations containing study participant information were reviewed and the potential impact on study participant privacy was assessed. Our focus was on direct and indirect identifiers, such as sex, age or geographical indicators in rare disease studies or studies with small sample size treatment groups. Risk minimization was sought using a generalized presentation of identifier-relevant information and decision-making on data sharing for further research. Additional risk identification was performed based on study participant/personnel parameters present in materials destined for the public domain. The potential for participant/personnel identification was then calculated to facilitate presentation of meaningful but de-identified information. Results The potential for reidentification was calculated using a risk ratio of the exposed versus available individuals, with a value above the threshold of 0.09 deemed an unacceptable level of reidentification risk. We found that in 13% of Takeda clinical trial publications reviewed, either individuals could potentially be reidentified or inappropriate data sharing plans could pose a data privacy risk to study participants. In 1/110 abstracts, 58/275 manuscripts, 5/87 posters and 3/58 presentations, changes were necessary due to data privacy concerns/rules. Despite the implementation of risk-minimization measures prior to release, direct and indirect identifiers were found in 11% and 34% of the analysed documents, respectively. Conclusions Risk minimization using de-identification of clinical trial data presented in scientific publications and controlled data sharing conditions improved privacy protection for study participants. Our results also suggest that additional safeguards should be implemented to ensure that higher data privacy standards are met. (shrink)

The re-use of publicly available (personal) data for originally unanticipated purposes has become common practice. Without such secondary uses, the development of many AI systems like large language models (LLMs) and ChatGPT would not even have been possible. This chapter addresses the ethical implications of such secondary processing, with a particular focus on data protection and privacy issues. Legal and ethical evaluations of secondary processing of publicly available personal data diverge considerably both among scholars and the general public. While (...) some of these uses are met with opposition and criticism, others are quite unanimously viewed as unproblematic. Often, proponents and opponents of such practices invoke the same ethical and legal standards for their opposite conclusions. This state of affairs shows that other considerations besides the public availability of data must play a role. It calls for a theoretical clarification of the additional criteria that should guide decisions about the (legally informed) ethical acceptability of re-processing practices. In order to make a contribution towards this goal, the present chapter maps the ongoing debate and systematises the existing contributions around three lines of argument: a consent-centred position, an approach that focuses on the distinction between data and information, and finally a line of argument that focuses on the contextual norms that govern the flows of information. The chapter further relates these arguments to three underlying conceptions of privacy and data protection: rights-based, structural and contextual, and discusses the advantages and disadvantages of each position in the light of concrete examples. It concludes by arguing for a mixed approach that combines core elements of the structural and contextual approaches. The chapter aims to contribute to existing research in the fields of data, AI and research ethics, and to reconnect the debate with ethical and legal scholarship on privacy and data protection. In doing so, it aims to make a theoretical contribution towards refining existing conceptions of privacy and data protection in order to make them more fit to ‘drive our digital world’ as far as the use of publicly available data is concerned. (shrink)

The nation/state as an imaginative enterprise encompasses multiple imagined subnational boundaries. The ‘public/private’, I suggest, is a ‘purposeful fiction’ constitutive of the will to statehood. As such, its configurations are impacted upon by the institutions and forces competing with and within state-building enterprises. Proposing the terms government, non-government and domestic as analytical tools to demarcate discursive and material domains, I argue that, in Lebanon, the fluidity of boundaries among these spheres is constitutive of patriarchal connectivity, a form of (...) patriarchal kinship linked to the state-building enterprise. (shrink)

The nurse asks the ethics consultant what can be done to stop the patient’s blogging. R.J.’s messages on the public forum are taking their toll on the care environment and the health care providers...

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

In 2005 Japan completed its first census after the Personal Information Protection Law went into force in April 2005. The debate about the new law raised privacy concerns for the first time among the public. The news-media also provided several examples of possible lack of safeguards in the data collection of sensitive personal information required for the census. The result was the highest non-response rate ever for the Japanese census. Consequently, its accuracy and role as a source for the (...) reliable national statistics for health/welfare policy-making is now critically threatened. In this paper we argue the necessity to adopt specific safeguards to protect personal data in any future census if the trend of increasing non-response rates is to be reversed. We provide some suggestions for such safeguards, and criticize the Japanese government’s response of focusing exclusively on the mechanism of data collection as a means of meeting the privacy challenge. (shrink)

This ambitious, interdisciplinary collection responds to present intellectual debates concerning the value and limits of privacy. Ever since the beginning of modernity, the line of demarcation between private and public spaces, and the distinction between them, have continually been challenged and redrawn. Such developments as new technologies that introduce previously unforeseen possibilities for infringement upon privacy and the modern spectacles of television talk shows and “reality-TV” give added urgency to the discussion on privacy. This collection examines the (...) fundamental issues structuring that debate. Bringing together for the first time leading contributors to the recent debates on privacy from both Europe and the United States, this collection affirms that privacy, in all its dimensions, remains a central value of liberal democracies. Its essays expose the complex ways in which privacy is essentially and intimately intertwined with our ideas of freedom, identity, and “the good life.”. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for (...) assessment and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. I (...) also discuss what we need to know before establishing whether privacy empirically promotes or undermines community. (shrink)

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

Many attempts to define privacy have been made since the publication of the seminal paper by Warren and Brandeis (Warren & Brandeis, 1890). Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy became an urgent issue as legal and business problems regarding privacy started to (...) accrue. In this paper, we propose a definition of privacy that is simple, yet strongly tied with the concepts of information and property. We show that privacy thus defined is not only useful in the context of the infosphere, but can also be successfully applied in its more traditional role as the ‘right to be let alone’. (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)

Selected by the Economist as one of the best books of 2020. -/- Privacy Is Power argues that people should protect their personal data because privacy is a kind of power. If we give too much of our data to corporations, the wealthy will rule. If we give too much personal data to governments, we risk sliding into authoritarianism. For democracy to be strong, the bulk of power needs to be with the citizenry, and whoever has the data (...) will have the power. Privacy, I argue, is not a personal preference; it is a political concern. I also argue that personal data is a toxic asset, and should be regulated as if it were a toxic substance, similar to asbestos. I call for a complete ban to the trade in personal data. The book is at once philosophical and political, and extremely practical and accessible. It discusses liberal democracy, equality, justice, and autonomy. It includes a chapter for policymakers, and one that addresses what ordinary citizens can do to protect privacy. Finally, the book covers the tension between privacy and public health in the context of covid19. -/- . (shrink)

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

_Privacy _advances and refines Professor Weiss’s philosophic quest to isolate unmistakable evidences of that which is ultimately real and to trace those evidences to their original sources. The quest began with the publication of _Beyond All Appearances _, was expanded and refined into a more defensible formula­tion by _First Considerations _, and developed to provide a corre­sponding, precise, and systematic treatment of man, as apart from and to oppose and interplay with those final realities, in _You, I, and the Others (...) _. This new work continues his venture as he seeks to isolate evidences of human privacy in the body and the world, to understand what then becomes knowable, and to explore the result. Weiss demonstrates the inutility of a reductionist methodology when searching for the ultimately real in human beings, stressing that a soundly based nonreductionist method for learning about humanity is built upon the supposition that each person has sure self-knowledge acquired through observation or introspection. By attending to what all people—including oneself—publicly show themselves to be, it becomes possible to extricate evidence of pow­ers present in anyone and thus to learn about the true nature of human privacy. He writes: “To be acquainted with the one is al­ready to be in contact with the other, and in a position to make an intensive, convergent, insistent further move into the sources as not yet expressed.” Weiss begins his study with an examination of evidences of the human person, and particularly of its most primitive, persistent epitomization, sensitivity. He goes on to examine more and more advanced epitomizations, arriving at and passing beyond the stage where a self comes to be, with its epitomizing assumed accountabil­ity, responsibility, and I. (shrink)

When information is transformed from what has traditionally been a paper-based format into digitized elements with meaning associated to them, new and intriguing discussions begin surrounding proper and improper uses of this codified and easily transmittable information. As these discussions continue, some health care providers, insurers, laboratories, pharmacies, and other healthcare stakeholders are creating and retroactively digitizing our medical information with the unambiguous endorsement of the federal government.Some argue that these enormous databases of medical information offer improved access to timely (...) information, evidence-based treatments, and complete records from which to provide care. To the extent that these claims are true, it would seem that this is a valuable asset that offers immeasurable benefit to all. Others believe this digitization to be an egregious invasion of privacy. In this article, I investigate the broad research questions of whether the public good aspect of capturing private health information outweighs individual interests and whether it is ethical to mandate participation in health information exchanges by all individuals who use the U.S. health system. (shrink)

This article proposes a novel justification for privacy rights based on the relationship between privacy and the democratic devices of voting and deliberation. Through an epistemic conception of democracy, I show that privacy, defined as epistemic inaccessibility, justifies a reliance on the vote as the voluntary mechanism of revealing citizen preferences, even in the face of theoretically more responsive methods. Respecting the inaccessibility of citizens' views ensures that democratic governments remain reliant on, rather than merely responsive to, (...) the wills of their citizens. In addition, spaces of epistemic inaccessibility both motivate a basic form of deliberation between citizens and foster healthy deliberative practices by blunting the potentially corrosive effects of publicity. Privacy can thus be seen as a presupposition of core democratic institutions, and not just as an individual right possessed by members of a liberal‐democratic polity. This new conceptualization provides a powerful additional justification for privacy rights and suggests an alternative approach to enacting privacy‐protective measures. (shrink)

For successful climate change adaptation, the distribution of responsibility within society is an important question. While the literature highlights the need for involving both public and private actors, little is still known of how citizens perceive their own and others’ responsibility, let alone the moral groundings for such perceptions. In this paper, we report the results of a survey regarding people’s attitudes towards different ways of distributing responsibility for climate change adaptation. The survey was distributed to citizens in six Swedish (...) municipalities and completed by 510 respondents. A large number of respondents wanted to assign responsibility for making decisions about and implementing adaptation measures to local governments, but also to property owners, whereas the national government was raised as responsible for setting decision boundaries and for financial support. The most preferred principles for a fair distribution of responsibility among the respondents were desert, ability, efficiency and need, while the principle of equal shares found less support. All principles received some support, indicating that it is necessary to consider several principles when distributing responsibility for climate change adaptation. Compared to earlier studies, this study shows more nuanced perceptions on who should be responsible and on what moral grounds. (shrink)

In this thesis I critically examine the traditional account of privacy as a negative right of non-interference and offer instead an alternative framework based on obligations and trust. Privacy is most often described as a value best protected as a right, more accurately as a negative right of non-intrusion. This means that privacy is associated with the private sphere: the individual should be left to decide when he wants to be alone and what he wants to share (...) with others. I begin with an examination of three different distinctions between the public and the private and then I go on to examine two models of privacy: the separation model, where privacy consists of restricted access, and the control model which consists in individual control over certain aspects of one's life. I argue that these models fail to meet many privacy concerns. This becomes most apparent when examining the privacy challenges associated with information technology and biobanks. My alternative account of privacy recognizes how deeply privacy is embedded in social norms and structure. Privacy does not apply to situations where an individual is in isolation, but rather depends on relations to others. This means that privacy is a relational concept: it is an important value in structuring relations between individuals or social institutions. I argue that the framework of rights does not provide an appropriate framework for protecting privacy. Instead, I introduce a framework based on obligations and trust, inspired by Onora O’Neill’s account of perfect and imperfect obligations. (shrink)

Private information about individuals contained in computerized data bases is readily available to journalists, who have a moral obligation to inform the masses as a means of redistributing power in society. The journalist's duty to inform, however, conflicts with the duty to respect the privacy of individuals. Because legislation is largely ineffective in protecting individual privacy, the journalist's moral responsibility assumes additional weight. However, the journalist should not allow the claim of privacy to keep him or her (...) from investigating matters in which the public has a legitimate interest. To determine the extent of legitimate interest, the journalist must be able to distinguish between a right to knowledge and a curious interest in knowing. The journalist is offered a 5-point test to assist in determining when an invasion of privacy via data-base research and subsequent publication is warranted. (shrink)

Arguments about constitutional and personal rights often invoke the concept of privacy. In the United States it has been said that the constitution "embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government". A number of formulae has been invoked in an attempt to define the sphere of constitutional privacy. They include: Fundamental rights of interests; personal decisions and issues; important questions intimately affecting private lives; and decisions affecting (...) education, child-rearing, marriage and contraception.Canadian and Europian courts have resorted to balancing formulae and to proportionality to set the limits to liberty guarantees. All of them need, however, an implied general theory of liberty such as that propounded by Mill , since privacy is a special sub-category of liberty.Privacy claims are made not only against the State, but in tort law relations between individuals, or between individuals and organisations such as the Press. Proposals for legislation to protect personal privacy encompass two different types of claim. One relates to physical intrusion: the other to proprietary rights over information of certain kinds. It is questionable whether general legislation to establish a statutory tort of breach of privacy is defensible. It may even be dangerous and be exploitable to protect government information. A public interest defence is essential. That throws the balancing role back on the courts, but they cannot rely on any obvious social consensus in weighing the interests at issue. In der Auseinandersetzung über subjektive Rechte, die von einer Verfassung garantiert sind oder deren Verletzung privatrechtliche Ansprüche auslöst, berufen sich viele Stimmen auf das Konzept der Privatsphäre. Nach einer in den Vereinigten Staaten vertretenen These liegt der amerikanischen Verfassung "das Versprechen zugrunde, daß die Privatsphäre, d.i. eine bestimmte Sphäre individueller Freiheit, im großen und ganzen außerhalb des Zugriffs des Staates liegt". Wie läßt sich rechtlich präzisieren, was diese verfassungsrechtlich garantierte Privatsphäre eigentlich einschließt? Eine Reihe von Antworten, die auf diese Frage gegeben werden, bezeichnen als vom Begriff der Privatsphäre erfaßt a) fundamentale Rechte oder Interessen, b) persönliche Probleme oder Entscheidungen, c) wesentliche Fragen, die das Privatleben ganz existenziell berühren, d) Entscheidungen, die die Erziehung und Ausbildung von Kindern, Empfängnisverhütung und Eheschließung betreffen. Einige dieser Formeln enthalten Elemente eines logischen Zirkels, da sie bei dem Versuch, die Privatsphäre näher zu umschreiben, ihrerseits selbst den Ausdruck "privat" benutzen. Andere sind entweder offensichtlich zu weit oder zu eng oder sonst schlechterdings ungenügend. Darüber hinaus ist es nicht klar, wann bei den subjektiven Rechten, die als fundamental bezeichnet werden, Ausnahmen gemacht werden. Ein Beispiel liefert die US-amerikanische Entscheidung Bowers v. Hardwick. (shrink)

Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In this highly original work, Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can—and should—we rally anew to support this institution? Is privacy so important to political liberty after (...) all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history—but constantly persecuted—and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered—and often overlooked—in the digital age. (shrink)

Taking Parenting Public makes a compelling case that parenting has become dangerously undervalued in America today. It calls for a new investment—both personal and public—into the work of raising children and argues that we are all 'stockholders' in the next generation. With a foreword by Sylvia Ann Hewlett and Cornel West, Taking Parenting Public crosses boundaries to bring together thinkers from diverse fields spanning the political spectrum. It features contributions from distinguished experts in economics, political science, public policy, child (...) development, public health, history, and the media. While recent books have focused on working mothers or absent fathers, Taking Parenting Public is the first volume to take a comprehensive look at the common struggles of parents. These essays go beyond the usual chest-beating about busy parents torn between work and family demands to suggest bold solutions. Instead of the typical call for 'parent replacement'—more child care, more after school programs and more mentors—the contributors offer fresh strategies for 'parent replenishment,' ways to put mothers and fathers back into the lives of their children not only as economic providers, but also as emotional and moral providers. (shrink)

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, (...) a change in emphasis from individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

This comment on the case presented in ‘Cholera and Nothing More’ argues that the physicians at this public-health centre did not have an ordinary clinician's obligations to promote the health of the people who came to them for care, as they were instead set up to serve a laudable and urgent public-health goal, namely, controlling a cholera outbreak. It argues that, nonetheless, these physicians did have some limited moral duties to care for other diseases they encountered—some ancillary-care duties—arising from their (...) voluntarily entering into a kind of intimate relationship with the patients they took in, one in which those patients effectively waive certain rights to bodily and medical privacy. (shrink)

It is argued that organ donation from a patient to the patient's physician is ethically dubious because donation decisions will be inappropriately influenced and the negative public perceptions will result in more harm than good. It is suggested that to protect the perception of the physician–patient relationship, avoid cynicism about medicine’s attitude to patient welfare and maintain trust in the medical profession, a new professional boundary should be established to prevent physicians from receiving organs for transplantation donated by their patients.

Purpose The purpose of this paper is to defend the notion of “trust in technology” against the philosophical view that this concept is misled and unsuitable for ethical evaluation. In contrast, it is shown that “trustworthy technology” addresses a critical societal need in the digital age as it is inclusive of IT-security risks not only from a technical but also from a public layperson perspective. Design/methodology/approach From an interdisciplinary perspective between philosophy andIT-security, the authors discuss a potential instantiation of a (...) “trustworthy information and communication technology ”: a solution for privacy respecting video surveillance. Here, strong data protection measures address grave concerns such as the threat of bulk biometric tracking of citizens. In a logical argument, however, the authors show that this technical notion of “trust” needs to be complemented by interlocking trust relations to justify public trust. Findings Based on this argument, the authors demonstrate that the philosophical position considering “trust in technology” to denote either “reliability” or “interpersonal trust” is too limited as it fails to address critical aspects of IT-security. In a broader, socio-technical sense, however, it is shown that several distinct accounts of trust – technical, interpersonal and institutional – should meaningfully interlock, to address concerns with ICTs. Originality/value This conceptual study demonstrates the potential of “trust in technology” for a more comprehensive evaluation of ICTs within the context of operation. Furthermore, it adds to the discussion of trust in IT-security by highlighting the layperson’s challenge of judging a technology’s trustworthiness. Vice versa, it contributes to Ethics of Technology by highlighting crucial IT-security needs. (shrink)

Social media particularly Facebook has become a popular platform amongst medical professionals for both social and professional interactions. However, given the nature of such platforms, their use raises ethical concerns including violation of patient privacy and blurring of classical professional and patient-physician relationship boundaries. In order to investigate the pattern of Facebook usage among medical professionals in Pakistan, a mixed method study was conducted at five medical institutions in three different cities including Karachi, Lahore and Islamabad. 806 participants, (...) including 87 faculty members, 239 trainees and 350 medical students, responded to the quantitative survey. Results were analysed using Statistical Package for Social Sciences. For the qualitative arm, focus group discussions and in-depth interviews were conducted among [End Page 272] different groups, and analysed to draw out common themes. Results show that 44% of respondents found professional utility for Facebook. 36% of respondents had never changed their privacy settings and 44% indicated lack of confidence in current privacy settings of the medium. Respondents had posted identifiable patient content and non-identifiable patient content, with students and trainees posting such content more frequently than faculty. (shrink)

This dissertation abstract and the reflection commentary present the work done by Dr. Lea Stadtler. Comprising four articles, the dissertation explores the challenge of designing successful public–private partnerships for development and contributes to the discourse on partnerships and business engagement in society. Article I adopts the company perspective and develops a conceptual framework for interest alignment in PPPs for development. Based on a theoretical analysis, Article II examines the role that different structures play in handling common design challenges. Articles III (...) and IV are empirical: The former analyzes how partners cope with tensions occurring on the PPP’s boundaries, while Article IV explores the roles of broker organizations, which increasingly facilitate the partnering process of PPPs for development. This extended dissertation abstract introduces the dissertation’s research focus and summarizes each article’s research question, methods, and main findings. The reflection commentary in the appendix discusses the author’s views of her dissertation journey as a junior scholar and the research process. (shrink)

In this article I provide an overview of philosophical conceptions of privacy and suggest 3 models to assist with the ethical analysis of privacy invasion by the news media. The models are framed by respect for persons, the comparison of harms and benefits, and the transfer of power. After describing the models, I demonstrate how they can be applied to news reporting that invades the privacy of public figures.

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. (...) In this article, however, we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

This article extends our understanding of the firm–nongovernmental organization relationship by emphasizing the role of language in shaping organizational behavior. It focuses on discursive and rhetorical activity through which firms and NGOs jointly – and not always consciously – define boundaries for socially acceptable corporate behavior. It explores the discursive legitimation struggles of a leading Finnish forest industry company StoraEnso and Greenpeace during 1985–2001 and examines how these struggles participated in the definition and institutionalization of corporate social responsibility. I (...) find a mixture of rational and moral struggles as a key feature of this legitimation work and show how different manifestations of these struggles act as a central mechanism that redefines what the boundaries of corporate responsibility are in a specific setting at a given point of time. The study illustrates how the actors’ ability to sense the public’s views contribute to rhetorical difficulties of the industry and unintended societal consequences for the activists, and how the rational and moral struggles build up in time to trigger changes in the actors’ sensemaking and actions. (shrink)

The development and application of artificial intelligence (AI) technology has raised many concerns about privacy violations in the public. Thus, privacy-preserving computation technologies (PPCTs) have been developed, and it is expected that these new privacy protection technologies can solve the current privacy problems. By not directly using raw data provided by users, PPCTs claim to protect privacy in a better way than their predecessors. They still have technical limitations, and considerable research has treated PPCTs as (...) a privacy-protecting tool and focused on possible technical improvements. In this article, we argue that PPCTs cannot effectively protect privacy in the narrow sense due to their technical limitations. Moreover, although these shortcomings could be remedied, they still fall into a paradox because their aim is to protect privacy, but they could reveal private information from users. This paradox of privacy protection not only aggravates the social impact arising from AI privacy issues but may also make the current privacy protection lose its meaning, resulting in a situation in which privacy protection is useless. (shrink)

In this paper we present arguments for and against the disclosure of genetic information to the insurance companies. One of the main issues which emerges from these arguments is the question of who should be responsible for the health insurance costs of the individuals who are most likely to be affected by the disclosure of genetic information. The results of a resident opinion survey related to the above question are presented and public policy alternatives related to the survey findings are (...) discussed at the end of this paper. (shrink)

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. (...) Developing an acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

: Public toilets are a key part of the urban environment. This paper examines and evaluates the pervasive sex segregation, throughout North America, of public toilets. The issue is situated within a larger context—the design and management of the urban environment; larger assumptions about sexuality, reproduction, and privacy that govern that environment; and continuing compulsory sex identification and segregation which still define key areas of "public" space. I examine seven groups of arguments in favor of sex segregation, arguing that (...) all of them are inadequate. I then present reasons showing why ending the sex segregation of public toilets is justified. (shrink)

This paper argues that Kant’s distinction between “civil union” and “ethical community” can be of great value in dealing with a problem that causes considerable trouble in contemporary political and social philosophy, namely the question of the normative significance and role of religion in political and social life. The first part dwells upon the third part of Kant`s Religion within the Boundaries of Mere Reason with the intention of exposing the general features of ethical community. It highlights the fact (...) that Kant considers publicity, and indeed public authority, to be constitutive of the ethical community. The second part discusses his argument that we have a unique ethical duty to enter into an ethical community. This discussion clarifies the constitutive purpose of ethical community and sets forth why Kant thought that the ethical community should have a religious form. The third part presents an account of the constitutive purpose of the state in light of the Doctrine of Right. Throughout these steps, as is concluded, the essentials of a model for the relations between law, ethics, and religion emerge, which shows the way in which both religious and secularist worries can be met on a principled basis. (shrink)

The Public Sphere from Outside the West brings together established and emerging new voices from philosophy, literature, anthropology, history, migration studies and information technology to address the present reality of the public sphere. In the age where everyone is in the public and everything is visible, this volume creates a delay in which the internet of things, mass surveillance and social media are asked "What is/not the Public?†? The essays bring to attention the formation of geo-politically and historically distinct public (...) spheres from South Africa, India, America and Europe. Such formations are found not only in the postcolonial histories of print, photography, cinema and caricature but also those underway in the digital era, such as the Arab Spring, Occupy movements and Anonymous. Through critical engagement with philosophers such as Kant, Heidegger, Benjamin, Habermas and Arendt, the determining concepts of the Public Sphere-privacy, secrecy, reason, the people-are shown to be undergoing epistemological and practical ruptures. Demonstrating the necessity of these considerations to understand the world public that is rapidly transforming this concept in radical ways through technologies today, this is the first collection on the subject to feature an impressive range of international thinkers. Global and timely in outlook, it breaks new ground and changes our way of looking at politics in the 21st century. (shrink)

In Québec, the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information provides an exception to transparency to most public institutions where public health research is conducted by allowing them to not disclose their uses of personal data. This exceptionalism is ethically problematic due to important concerns and we argue that all those who conduct research should be transparent and accountable for the work they do in the public interest.