In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether (...) other people know personal information about you. Critics of the Control Theory often give counterexamples, where privacy is either not diminished even though the claimant has lost control, or where privacy is diminished even though the claimant is in control. I argue that none of these alleged counterexamples work against the Negative Control Account. However, this is not a victory for the control theorist, because the Negative Control Account collapses into the Access Theory. The paper thus adds to the recent trend in the literature of favoring the Access Theory over the Control Theory. (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)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to (...) this viewpoint, this right places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

We argue that nano-technology in the form of invisible tags, sensors, and Radio Frequency Identity Chips (RFIDs) will give rise to privacy issues that are in two ways different from the traditional privacy issues of the last decades. One, they will not exclusively revolve around the idea of centralization of surveillance and concentration of power, as the metaphor of the Panopticon suggests, but will be about constant observation at decentralized levels. Two, privacy concerns may not exclusively be (...) about constraining information flows but also about designing of materials and nano-artifacts such as chips and tags. We begin by presenting a framework for structuring the current debates on privacy, and then present our arguments. (shrink)

While the story of Stanislav Petrov – the Soviet Lieutenant Colonel who likely saved the world from nuclear holocaust in 1983 – is often trotted out to advocate for the view that human beings ought to be kept “in the loop” of automated weapons’ responses, I argue that the episode in fact belies this reading. By attending more closely to the features of this event – to Petrov’s professional background, to his familiarity with the warning system, and to his decisions (...) to defy his protocol – it becomes clear that Petrov was not seamlessly working “in his loop,” but reassessing it entirely. I claim that this exhibits a paradox intrinsic to all automated loops: namely, that their optimum function in fact rests on unforeseen human interventions that cannot be reliably codified ex ante, that is, that good judgment cannot simply be “programmed into” their protocols. This dependence, moreover, reveals automation’s ineluctable need for virtue ethics – not in the usual sense (whereby ethics deliberates about, say, possible damages and loss of life), but in the sense that ethical judgment, rightly understood, entails the reassessment of all of the conditions surrounding a decision, including whether a protocol should be followed at all. (shrink)

Semi-structured interviews with university students in the UK and Japan, undertaken in 2009 and 2010, are analysed with respect to the revealed attitudes to privacy, self-revelation and revelation by/of others on SNS.

"Data mining is not an invasion of privacy because access to data is only by machines, not by people": this is the argument that is investigated here. The current importance of this problem is developed in a case study of data mining in the USA for counterterrorism and other surveillance purposes. After a clarification of the relevant nature of privacy, it is argued that access by machines cannot warrant the access to further information, since the analysis will have (...) to be made either by humans or by machines that understand. It concludes that the current data mining violates the right to privacy and should be subject to the standard legal constraints for access to private information by people. (shrink)

We discuss the concept of women’s empowerment in FemTech, considering cultural and legal differences, ethical concerns, and legal consequences. We claim that it is crucial to prioritize privacy, a fundamental right, especially in the case of changes in laws related to women’s health, such as Roe v. Wade in the US.

It is expected that the determining role of values, which are accepted as the main reference point in guiding their behaviors, in real life will also be effective on social media posts. However, with the increase and diversification of the opportunities offered by social media to its users, the perception of privacy, which is one of the important values in society, is subject to change and privacy is disclosed based on personal consent. Although there are studies in the (...) literature on the negative effects of increasing social media use on the perception of privacy, there is no study that examines the issue from the perspective of Religious Culture and Ethics Knowledge (RCEK) teachers within the framework of values education. In this study, whether and in what direction the determining role of values in life has changed with the widespread use of social media is examined based on the views of RCEK teachers in the example of privacy value. The aim of the study is to examine the views of RCEK teachers on privacy and the transformation of privacy in the context of social media posts. In this direction; it is aimed to determine the privacy perceptions of RCEK teachers in terms of the definition of privacy, situations that are considered private, social media posts that violate privacy and the criteria that should be in these posts, and to examine their views on what kind of education can be given to students about social media and privacy. The research was designed according to the phenomenology design in qualitative research method. The study group of the research consists of 19 RCEK teachers working in various provinces. The data were collected through semi-structured interviews and analyzed by dividing them into themes, categories and codes by content analysis method. As a result of the research, it was concluded that privacy is violated through social media posts, and the perception of privacy has changed depending on many factors related to social media. It was revealed that today's sharing culture negatively affects the perception of privacy. It is thought that the results of the research have important implications for researchers, teachers, parents and authorities.In this study, whether and in what direction the determining role of values in life has changed with the widespread use of social media is examined based on the views of Religious Culture and Ethics Knowledce teachers in the example of privacy value. The aim of the study is to examine the views of Religious Culture and Ethics Knowledge teachers on privacy and its transformation in the context of social media posts. Based on this purpose; it is aimed to determine the privacy perceptions of RCEK teachers in terms of the definition of privacy, situations that are considered private, social media posts that violate privacy and the criteria that should be in these posts, and to examine and reveal their views on how students can be educated about social media and privacy. The research was designed according to the phenomenology design in qualitative research method. The study group of the research consists of 19 RCEK teachers working in various provinces. The data were collected through semi-structured interviews and analyzed by content analysis method by dividing into themes, categories and codes. As a result of the research, it was concluded that privacy is violated through social media posts, and the perception of privacy has changed depending on many factors related to social media. It was revealed that today's sharing culture negatively affects the perception of privacy. It is thought that the results of the research have important implications for researchers, teachers, parents and authorities. (shrink)

With the proliferation of networked electronic communication came daunting capabilities to collect, process, combine and store data, resulting in hitherto unseen transformational pressure on the concepts of trust, security and privacy as we know them. The Future Internet will bring about a world where real life will integrate physical and digital life. Technology development for data linking and mining, together with unseen data collection, will lead to unwarranted access to personal data, and hence, privacy intrusion. Trust and identity (...) lie at the basis of many human interactions and transactions, and societies have developed legitimate concern for privacy being essential for freedom and creativity. The burgeoning development of the Information Society, particularly during the past fifteen years, transcended the societal readiness to respond to the transformational change evoked by ICT. We have reached the eleventh hour for the preservation of trust and privacy as elements that can be transposed into our digital future. Europe has been at the forefront in recognizing the importance of privacy protection in relation to digital data, witness the advanced European legislation in this domain. The European Commission recognizes that appropriate measures need to combine technology development with legal means, user awareness and tools supporting data controllers to comply with law in an accountable and transparent way, and that empower users with a controlling stake in managing their personal data. Activities are underway at many levels. European RTD programmes play their role in supporting research in trustworthy ICT, privacy enhancing technologies, privacy-by-design in service layers as well as in networks, enabling technologies such as cryptography, and in generalized frameworks for trust and privacy-protective identity management. (shrink)

The increasingly ubiquitous use of technology has led to the concomitant rise of intensified data collection and the ethical issues associated with the privacy and security of that data. In order to address the question of how these ethical concerns are discussed in the literature surrounding the subject, we examined articles published in IEEE Security and Privacy, a magazine targeted towards a general, technically-oriented readership spanning both academia and industry. Our investigation of the intersection between the ethical and (...) technological dimensions of privacy and security is structured as a bibliometric analysis. Our dataset covers all articles published in IEEE Security and Privacy since its inception in 2003 to February 06, 2014. This venue was chosen not only because of its target readership, but also because a preliminary search of keywords related to ethics, privacy, and security topics in the ISI Web of Knowledge and IEEE Xplore indicated that IEEE Security and Privacy has published a preponderance of articles matching those topics. In fact, our search returned two-fold more articles for IEEE Security and Privacy than the next most prolific venue. These reasons, coupled with the fact that both academia and industry are well-represented in the authorship of articles makes IEEE Security and Privacy an excellent candidate for bibliometric analysis. Our analysis examines the ways articles in IEEE Security and Privacy relate ethics to information technology. Such articles can influence the development of law, policy and the future of information technology ethics. We employed thematic and JK-biplot analyses of content relating privacy and ethics and found eight dominant themes as well as the inter-theme relationships. Authors and institutional affiliations were examined to discern whether centers of research activity and/or authors dominated the overall field or thematic areas. Results suggest avenues for future work in critical areas, especially for closing present gaps in the coverage of ethics and information technology privacy and security themes particularly in the areas of ethics and privacy awareness. (shrink)

This paper investigates epistemological and ethical implications of the growingavailability of direct-to-consumer genetic testing for the science and society. Direct-toconsumer genetic testing is characterized as the genetic testing sold directly to consumerswithout any assistance from professionals. By offering empowerment and control, companiesconvince consumers to sequence their genome by granting the company access to theirgenetic data in exchange to results that are not always accurate. To which extent doconsumers properly understand the results of their genetic testing? Are consumers aware ofthe possible (...) implications for disclosing genetic information to private companies? I addressthese questions in two steps: firstly, I discuss epistemological implications of thedevelopment of Genomics, understood as a data-intensive science, by delving into thetheoretical commitments of the concept of gene and the notion of circular causality.Secondly, I reflect upon the privacy risks of taking direct-to-consumer genetic testing in adata-rich world. Finally, I draw some conclusions on the possible consequences of direct-toconsumer genetic testing by suggesting key-concepts that may help to clarify the limits andscope of genetic testing. (shrink)

In addition to data transforming the insurance sector from within, insurance consumers and their behaviour has transformed significantly over the past 20 years from traditional retail to, predominantly, online trading. Data are a fundamental part of how the sector operates, and the use of data in insurance is constantly evolving. This paper aims to explore consumer perceptions about digital privacy and their subsequent motivations to disclose personal data for insurance purposes.,The study uses an exploratory research approach based on in-depth (...) interviews to generate metathemes to provide an understanding of consumer perceptions about digital privacy and data sharing in the insurance sector.,Consumers were extrinsically motivated to disclose data by financial reward and convenience; however, subsequent intrinsic motivations may be an influence on the initial motivations. Consumers perceived transactions as “fair” if they received the expected rewards, retained control of the data, and the data was not unilaterally used to their detriment. Concern for privacy was generally low, provided antecedent conditions were met.,As the study uses an exploration for discovery approach, the main limitation of this study is its small sample. However, this research aimed to identify metathemes and issues that may be the focus of future research in this area and is, therefore, not proposing to suggest strong conclusions and definitive answers.,This paper presents the first empirical research to examine data privacy issues in the UK insurance context. It contributes to knowledge in the areas of motivation, applied ethics and online consumer behaviour in general. (shrink)

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

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

While maintaining the importance of privacy for critical evaluations of surveillance technologies, I suggest that privacy also constrains the debate by framing analyses in terms of the individual. Public space provides a site for considering what is at stake with surveillance technologies besides privacy. After describing two accounts of privacy and one of public space, I argue that surveillance technologies simultaneously add an ambiguityand a specificity to public places that are detrimental to the social, cultural, and (...) civic importance of these places. By making public places accessible to other places and/or times, surveillance technologies make these social contexts ambiguous by blurring their spatial and temporal bounds. At the same time, surveillancetechnologies valence public places in functionally specificways that are detrimental to informal civic life. To complement defensive approaches to surveillance technologies based onindividual privacy, I conclude by suggesting how sociality as a relational value or an ethics of place as a contextual value could provide a proactive line of reasoning for affirming the value ofthat which is between people and places. (shrink)

This volume analyses the moral and legal foundations of privacy, security, and accountability along with the tensions that arise between these important individual and social values.

As privacy concerns among consumers rise, service providers increasingly want to provide services that support privacy enhancing technologies. At the same time, online service providers must be able to protect themselves against misbehaving users. For instance, users that do not pay their bill must be held accountable for their behavior. This tension between privacy and accountability is fundamental, however a tradeoff is not always required. In this article we propose the concept of a time capsule, that is, (...) a verifiable encryption with timed and revocable decryptability. The time capsule together with its related protocols offer support of privacy while retaining strong accountability. In our scheme an honest user may enjoy full anonymity, but dishonest users who do not pay their bill have their identity revealed. In contrast to existing revocable anonymity systems, our proposed scheme requires less trust in an external authority, while simultaneously making accountability easier (and less costly) to achieve. (shrink)

Bioinformatics is a new field of study whose ethical implications involve a combination of bioethics, computer ethics and information ethics. This paper is an attempt to view some of these implications from the perspective of Buddhism. Privacy is a central concern in both computer/information ethics and bioethics, and with information technology being increasingly utilized to process biological and genetic data, the issue has become even more pronounced. Traditionally, privacy presupposes the individual self but as Buddhism does away with (...) the ultimate conception of an individual self, it has to find a way to analyse and justify privacy that does not presuppose such a self. It does this through a pragmatic conception that does not depend on a positing of the substantial self, which is then found to be unnecessary for an effective protection of privacy. As it may be possible one day to link genetic data to individuals, the Buddhist conception perhaps offers a more flexible approach, as what is considered to be integral to an individual person is not fixed in objectivity but depends on convention. (shrink)

Background Patient privacy is important as one of the most principle components of quality healthcare and safe care. In teaching hospital emergency rooms, it is a challenge for staff to respect for privacy. Research aim Recognizing the importance of this issue, this study aims to assess the privacy status of patients in emergency departments. Research design This study employs a cross-sectional design. Participants and research context This study was conducted in patients of the four emergency departments of (...) the teaching hospitals. 426 patients completed the demographic and clinical profile, as well as a privacy questionnaire, in four teaching hospitals selected based on quota sampling after obtaining informed consent. The data were analyzed with SPSS 26 and independent t-tests and one-way ANOVA. Ethical considerations This study was approved by the ethical committee and the designated authority within hospitals. Findings According to the findings, the majority of the respondents were married (65.05%), with a diploma level (30.25%), self-employed (37.5%), and female (50/50%). The most frequent hospitalizations were also for internal emergencies (45.1%), night shifts (42.3%), and workdays (63.8%), with mean age of 41.78 (years and a duration of hospitalization of 6.34 hours). The patient privacy score in the emergency department was 67.61 ± 13.30 and in the physical, psychosocial, and spiritual/religious dimensions was reported as 3.31 ± 15.37, 6.97 ± 36.72, and 6.18 ± 15.50, respectively. The patient privacy showed a significant difference by type of emergency, number of beds, and nurses to bed ratio ( p =.001). Conclusions Based on the results of the study, as the level of patient privacy was average for patients, in order to increase patient trust and improve the services provided, it is suggested that more focus be placed on structural changes, the development of guidelines, training in medical and nursing ethics, and the establishment of hospital ethics committees. (shrink)

Recent anthropological analyses of Chinese attitudes towards privacy fail to pay adequate attention to more ordinary, but more widely shared ideas of privacy – ideas that, moreover, have changed dramatically since the 1980s as China has become more and more open to Western countries, cultures, and their network and computing technologies. I begin by reviewing these changes, in part to show how contemporary notions of privacy in China constitute a dialectical synthesis of both traditional Chinese emphases on (...) the importance of the family and the state and more Western emphases on individual rights, including the right to privacy. This same synthesis can be seen in contemporary Chinese law and scholarship regarding privacy. A review of recent work in philosophical ethics demonstrates that information ethics in China is in its very early stages. In this work, privacy is justified as an instrumental good, rather than an intrinsic good. I argue by way of conclusion that privacy protections will continue to expand in China, in part under the pressures of globalization, increasing trade with and exposure to Western societies, and the increasing demands for Western-style individual privacy by young people. Even so, I argue that these emerging conceptions of privacy will remain distinctively Chinese – i.e., they will retain a basic consistency with traditional Chinese values and approaches. (shrink)

This article defends a new model of personal privacy. Privacy should be understood as demarcating culturally defined aspects of an individual's life in which he or she is granted immunity from the judgment of others. Such an analysis is preferable to either of the two favorite models of privacy in the current literature. The judgment of others model preserves all of the insights of the liberty and information models of privacy, But avoids the obvious problems and (...) counterexamples. In addition, This model allows us to better see the normative importance of privacy. A final section discusses the notion of sexual privacy in connection to the proposed model. (shrink)

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)

Driven by privacy-related fears, users of Online Social Networks may start to reduce their network activities. This trend can have a negative impact on network sustainability and its business value. Nevertheless, very little is understood about the privacy-related concerns of users and the impact of those concerns on identity performance. To close this gap, we take a systematic view of user privacy concerns on such platforms. Based on insights from focus groups and an empirical study with 210 (...) subjects, we find that (i) Organizational Threats and (ii) Social Threats stemming from the user environment constitute two underlying dimensions of the construct Privacy Concerns in Online Social Networks . Using a Structural Equation Model, we examine the impact of the identified dimensions of concern on the Amount, Honesty, and Conscious Control of individual self-disclosure on these sites. We find that users tend to reduce the Amount of information disclosed as a response to their concerns regarding Organizational Threats. Additionally, users become more conscious about the information they reveal as a result of Social Threats. Network providers may want to develop specific mechanisms to alleviate identified user concerns and thereby ensure network sustainability. (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)

Defining privacy is problematic because the condition of privacy appears simultaneously to require separation from others, and the possibility of choosing not to be separate. This latter feature expresses the inherent normative dimension of privacy: the capacity to control the perceptual and informational spaces surrounding one’s person. Clearly the features of separation and control as just described are in tension because one may easily enough choose to give up all barriers between oneself and the public space. How (...) could the capacity for privacy give rise to its absence? Yet both the separation and control features of privacy do seem indispensable to any sensible understanding of it. In this paper I set out an approach to defining privacy that keeps these features and avoids the tension between them. (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(2) 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)

Respecting privacy and patients’ satisfaction are amongst the main indicators of quality of care and one of the basic goals of health services. This study, carried out in 2007, aimed to investigate the extent to which patient privacy is observed and its correlation with patient satisfaction in three emergency departments of Tehran University of Medical Science, Iran. Questionnaire data were collected from a convenience sample of 360 patients admitted to emergency departments and analysed using SPSS software. The results (...) indicated that, according to 50.6% of the patients, the extent to which their privacy was respected was described as either ‘weak’ or ‘average’. Spearman’s coefficient indicated a significant correlation between respecting privacy and the patients’ satisfaction about the various aspects of privacy studied. Considering the levels of privacy observed together with the patients’ degree of satisfaction, it is imperative that clinical professionals address both aspects from conceptual and practical viewpoints. (shrink)

Recent advances in wireless technologies have led to the development of intelligent, in-vehicle safety applications designed to share information about the actions of nearby vehicles, potential road hazards, and ultimately predict dangerous scenarios or imminent collisions. These vehicle safety communication (VSC) technologies rely on the creation of autonomous, self-organizing, wireless communication networks connecting vehicles with roadside infrastructure and with each other. As the technical standards and communication protocols for VSC technologies are still being developed, certain ethical implications of these new (...) information technologies emerge: Coupled with the predicted safety benefits of VSC applications is a potential rise in the ability to surveil a driver engaging in her everyday activities on the public roads. This paper will explore how the introduction of VSC technologies might disrupt the “contextual integrity” of personal information flows in the context of highway travel and threaten one’s “privacy in public.” Since VSC technologies and their related protocols and standards are still in the developmental stage, the paper will conclude by revealing how close attention to the ethical implications of the remaining design decisions can inform and guide designers of VSC technologies to create innovate safety applications that increase public safety, but without compromising the value of one’s privacy in public. (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)

Privacy is often linked to freedom. Protection against unreasonable searches and seizures is a hallmark of a free society, and pervasive state‐sponsored surveillance is generally considered to correlate closely with authoritarianism. One link between privacy and freedom is prominent in the library and information studies field and has recently been receiving attention in legal and philosophical scholarship. Specifically, scholars and professionals argue that privacy is an essential component of intellectual freedom. However, the nature of intellectual freedom and (...) its link to privacy are not entirely clear. My aim in this article is to offer an account of intellectual freedom as a type of positive freedom. I will argue that a full account of intellectual freedom must involve more than an absence of constraints. Rather, intellectual freedom is at least partly a function of the quality of persons’ agency with respect to intellectual endeavors. Such an account best explains the relation between intellectual freedom and privacy and avoids problems with conceptions of intellectual freedom based solely on constraints. (shrink)

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

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

Confidentiality is a central bioethical principle governing the provider–patient relationship. Dating back to Hippocrates, new laws have interpreted it for the age of precision medicine and electronic medical records. This is where the discussion of privacy and technology often ends in the scientific health literature when Internet-related technologies have made privacy a much more complex challenge with broad psychological and clinical implications. Beyond the recognised moral duty to protect patients’ health information, clinicians should now advocate a basic right (...) to privacy as a means to safeguard psychological health. The article reviews empirical research into the functions of privacy, the implications for psychological development and the resigned sentiment taking hold regarding the ability to control personal data. The article concludes with a call for legislative, educational and research steps to readjust the equilibrium between the individual and ‘Big Data’. (shrink)

Mobile social media have become a widespread means to participate in everyday social and professional life. These platforms encourage the disclosure and exchange of personal information, which comes with privacy risks. While past scholarship has listed various predictors and consequences of online privacy concerns, there has been to date no empirical investigation of a conceivable relationship with perceived stress. Using a longitudinal panel study, we examined the reciprocal relationship between mobile social media privacy concerns and perceived stress. (...) Results supported the hypothesis that mobile social media privacy concerns at T1 are associated with higher perceived stress at T2. However, we found no evidence for the reverse association, that is, perceived stress at T1 was not related to mobile social media privacy concerns at T2. The findings are discussed based on two models—the “Antecedents privacy concerns outcomes” model and the “Privacy calculus” model. (shrink)

Digital privacy scholars tend to bemoan ordinary people’s limited knowledge of and lukewarm interest in what happens to their digital data. This general lack of interest and knowledge is often taken as a consideration in favor of legislation aiming to force internet companies into adopting more responsible data practices. While we remain silent on whether any new laws are called for, in this paper we wish to underline a neglected consequence of people’s ignorance of and apathy for digital (...) class='Hi'>privacy: their potential to encourage capture by industry interests. In particular, we argue that such laws may be at increased risk of capture because they are unlikely to be democratically responsive. We make this claim on a twofold basis: first, well-known theoretical mechanisms explaining how the absence of responsiveness leads to capture, identified in prior political science and political philosophy literature, yield the prediction that digital privacy legislation is likely to be unresponsive and thus captured; second, empirical data concerning the European Union’s digital privacy laws, with a special focus on the General Data Protection Regulation, appears to confirm these predictions: the bloc’s (world’s?) flagship privacy protection law seems more responsive to corporate than citizen interests. (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)

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of (...) our lives or shrinking it to cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

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)

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

In an age of smartphones, Facebook and You Tube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, I ask whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and (...) drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, I discuss the potential costs of limiting free speech, and point to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. (shrink)

The cluster of concerns usually identified asmatters of privacy can be adequately accountedfor by unpacking our natural rights to life,liberty, and property. Privacy as derived fromfundamental natural rights to life, liberty,and property encompasses the advantages of thecontrol and restricted access theories withouttheir attendant difficulties.