All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

The ethics of artificial intelligence is an upcoming field of research that deals with the ethical assessment of emerging AI applications and addresses the new kinds of moral questions that the advent of AI raises. The argument presented in this article is that, even though there exist different approaches and subfields within the ethics of AI, the field resembles a critical theory. Just like a critical theory, the ethics of AI aims to diagnose as well as change society and is (...) fundamentally concerned with human emancipation and empowerment. This is shown through a power analysis that defines the most commonly addressed ethical principles and topics within the field of AI ethics as either to do with relational power or with dispositional power. Moreover, it is concluded that recognizing AI ethics as a critical theory and borrowing insights from the tradition of critical theory can help the field forward. (shrink)

Qual o lugar da filosofia nos dias atuais? Diante das inúmeras respostas possíveis a esta questão, nos debruçaremos em alguns tópicos que podemos inserir na chamada Ética Informacional, um ramo de investigação filosófico-interdisciplinar relativamente recente que discute problemas oriundos da relação ser humano/tecnologias digitais. Temas como privacidade informacional, arrogância epistêmica e divisão digital serão discutidos e relacionados, com o intuito de ilustrar o papel da filosofia na compreensão da complexidade inerente às dinâmicas sociais no contexto da sociedade da informação. Argumentaremos (...) que pensar o mundo contemporâneo a partir do viés da ética informacional se faz cada dia mais imprescindível para que possamos entrar em sintonia com as rápidas mudanças que a revolução informacional impõe à vida em sociedade e não sermos levados pelas enxurradas informacionais que presenciamos diariamente. (shrink)

In this article, we identify three key design dimensions along which cryptocurrencies differ -- privacy, censorship-resistance, and consensus procedure. Each raises important normative issues. Our discussion uncovers new ways to approach the question of whether Bitcoin or other cryptocurrencies should be used as money, and new avenues for developing a positive answer to that question. A guiding theme is that progress here requires a mixed approach that integrates philosophical tools with the purely technical results of disciplines like computer science and (...) economics. Note: this article is the second entry within a two-part sequence on the Philosophy, Politics, and Economics of Cryptocurrency. (shrink)

This article discusses the Philosophical and Regulatory mappings of Brain Control Interfaces in the coming age of Trans-humans. The author combines perspectives from Material Engagement theory, Don Ihde’s post-phenomenological perspective and Veerback’s cyborg intentionality on human-technology relations and juxtaposes this post-phenomenological hybrid-intentionality on upcoming BCI such as Neuralink. Taking the hybrid-intentionality as point of departure, the author then develops Regulatory approaches and principles in context of the normative harms borne out of such transfiguration while also highlighting these key harms.

European Journal of Philosophy, EarlyView.

We offer an ethical assessment of the market for data used to generate what are sometimes called “consumer scores” (i.e., numerical expressions that are used to describe or predict people’s dispositions and behavior), and we argue that the assessment has ethical implications on how the market for consumer scoring data should be regulated. To conduct the assessment, we employ two heuristics for evaluating markets. One is the “harm” criterion, which relates to whether the market produces serious harms, either for participants (...) in the market, for third parties, or for society as a whole. The other is the “agency” criterion, which relates to whether participants understand the nature and significance of the exchanges they are making, if they can be guaranteed fair representation, or if there is differential need for the market’s good. We argue that consumer scoring data should be subject to the same sort of regulation as the older FICO credit scores. Although the movement in the 1990s that was aimed at regulating the FICO scores was not aimed at restraining a market per se, we argue that the reforms were underwritten by concerns about the same sorts of problems as those outlined by our heuristics. Therefore, consumer data should be subject to the same sort of regulation. (shrink)

In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as he (...) or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim. (shrink)

Although popular, control accounts of privacy suffer from various counterexamples. In this article, it is argued that two such counterexamples—while individually resolvable—can be combined to yield a dilemma for control accounts of privacy. Furthermore, it is argued that it is implausible that control accounts of privacy can defend against this dilemma. Thus, it is concluded that we ought not define privacy in terms of control. Lastly, it is argued that since the concept of privacy is the object of the right (...) to privacy if the former cannot be defined in terms of control, neither can the latter. (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)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over personal (...) data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

One of the fundamental principles of good corporate governance is transparency, i.e., the disclosure of private information to external stakeholders, so that they may make judgments and decisions relating to the corporation. Equally important, but less discussed, is the competing value that corporations need to protect legitimate secrets. Corporations thus need a communication strategy for dealing with external stakeholders which addresses the conflict between disclosure and secrecy. This article focuses on an important element of that communication strategy in the context (...) of financial reporting: the possibility that corporate insiders may consider it in their interest, or in the interest of specific stakeholders, to alter or manipulate the financial information that it discloses publicly. Using concepts from the corporate governance and financial reporting literatures, it addresses the ethical question of who (management or the board of directors) should be responsible for making the fundamental strategic choices whether and (if so) how the corporation alters or manipulates the financial information. This article argues that the board of directors is responsible for formulating (and monitoring) the corporation's communication strategy, and that management is responsible for carrying it out. (shrink)

What is privacy? What does privacy mean in relation to biobanking, in what way do the participants have an interest in privacy, (why) is there a right to privacy, and how should the privacy issue be regulated when it comes to biobank research? A relational view of privacy is argued for in this article, which takes as its basis a general discussion of several concepts of privacy and attempts at grounding privacy rights. In promoting and protecting the rights that participants (...) in biobank research might have to privacy, it is argued that their interests should be related to the specific context of the provision and reception of health care that participation in biobank research is connected with. Rather than just granting participants an exclusive right to or ownership of their health information, which must be waived in order to make biobank research possible, the privacy aspect of health information should be viewed in light of the moral rights and duties that accompany any involvement in a research based system of health services. (shrink)

This doctoral thesis consists of five research papers that address four tangential topics, all of which are relevant for the challenges we are facing in our socio-technical society: information, security, privacy, and anonymity. All topics are approached by similar methods, i.e. with a concern about conceptual and definitional issues. In Paper I—concerning the concept of information and a semantic conception thereof—it is argued that the veridicality thesis is false. In Paper II—concerning information security—it is argued that the current leading definitions (...) suffer from counter-examples, and lack an appropriate conceptual sense. Based on this criticism a new kind of definition is proposed and defended. In Paper III—concerning control definitions of privacy—it is argued that any sensible control-definition of privacy must properly recognize the context as part of the defining criteria. In Paper IV—concerning the concept of privacy—it is argued that privacy is a normative concept and that it is constituted by our social relations. Final, in Paper V—concerning anonymity—it is argued that the threat from deanonymization technology goes beyond harm to anonymity. It is argued that a person who never is deanonymized can still be harmed and what is at stake is an ability to be anonymous. (shrink)

In recent years, neuroscience has been making dramatic progress. The discipline holds great promise but also raises a number of important ethical concerns. Among these is the concern that, some day in the distant future, we will have brain scanners capable of reading our minds, thus making our inner thoughts transparent to others. There are at least two reasons why we might regret our resulting loss of privacy. One is, so the argument goes, that this would undermine our ability to (...) form intimate relations. Another is that the omnipresent gaze of others would render an authentic inner life impossible. I argue that both of these concerns are exaggerated. First, intimacy might flourish through the differential acknowledgement of knowledge as common knowledge; for example, even if I know that both a friend and my taxi driver know that I have kinky sexual fantasies, I might only acknowledge this as common knowledge and, thus, an admissible piece of conversation with my friend, and this differential acknowledgement might be enforced by norms of social interaction. Second, the gaze of others would become much less oppressive if everyone’s inner lives were transparent to everyone else. I also argue that our minds are already partly transparent to others through the use of non-neuroscience-assisted mindreading techniques and, thus, that the latter offer no distinct threat to mind privacy. I offer an additional argument for this conclusion; to wit, that our minds extend beyond our brains. (shrink)

In 2002, Luciano Floridi published a paper called What is the Philosophy of Information?, where he argues for a new paradigm in philosophical research. To what extent should his proposal be accepted? Is the Philosophy of Information actually a new paradigm, in the Kuhninan sense, in Philosophy? Or is it only a new branch of Epistemology? In our discussion we will argue in defense of Floridi’s proposal. We believe that Philosophy of Information has the types of features had by other (...) areas already acknowledge as authentic in Philosophy. By way of an analogical argument we will argue that since Philosophy of Information has its own topics, method and problems it would be counter-intuitive not to accept it as a new philosophical area. To strengthen our position we present and discuss main topics of Philosophy of Information. (shrink)

Philosophers and others concerned with the moral good of personal privacy most often see threats to privacy raised by the development of pervasive computing as primarily being threats to the loss of control over personal information. Two reasons in particular lend this approach plausibility. One reason is that the parallels between pervasive computing and ordinary networked computing, where everyday transactions over the Internet raise concerns about personal information privacy, appear stronger than their differences. Another reason is that the individual devices (...) which can become linked in a pervasive computing environment: PDAs, GPS sensors, RFID chips/readers, publicly-located video surveillance cameras, Internet-enabled mobile phones, and the like, each raise threats to individual privacy. Without discounting the value of this approach, this paper aims to propose an alternative; and, as a result of recasting the threat to individual privacy from pervasive computing, to identify other, and deeper, moral goods that pervasive computing puts at risk that otherwise might remain concealed. In particular, I argue that pervasive computing threatens to compromise what I call existential autonomy: the right to decide for ourselves at least some of the existential conditions under which we form and develop our ways of life, including our relations to information technology. From this perspective, some moral goods at stake in protecting privacy in an environment of pervasive computing emerge that have less to do with furthering human well-being through the promotion of self-identity and subjectivity, than with stimulating curiosity, receptivity to difference, and, most broadly, openness to the world. (shrink)

The aim of this paper is to analyse the ethical issues relating to privacy that arise in smart homes designed for people with dementia and for people with intellectual disabilities. We outline five different conceptual perspectives on privacy and detail the ways in which smart home technologies may violate residents’ privacy. We specify these privacy threats in a number of areas and under a variety of conceptions of privacy. Furthermore, we illustrate that informed consent may not provide a solution to (...) this problem. We offer a number of recommendations that designers of smart homes for people with dementia and people with intellectual disabilities might follow to ensure the privacy of potential residents. (shrink)

Personal information is key to informational privacy and the algorithmically generated profiles of individuals. However, the concept of personal information and its nature is rarely discussed. The concept of personal information thus seems to be based on an idea of information as objective and truthful—as natural information—that is depicted as digital footprints in the online and digital realm. I argue that the concept of personal information should exit the realm of natural information and enter the realm of nonnatural information—grounded in (...) meaning, intention, and convention—as this will provide us with a concept that can account for potential misleadingness, inaccuracies, and mistakes. (shrink)

Privacy remains an intractable ethical issue for the information society, and one that is exacerbated by modern applications of artificial intelligence. Given its complicity, there is a moral obligation to redress privacy issues in systems engineering practice itself. This paper investigates the role the concept of privacy plays in contemporary systems engineering practice. Ontologically a nominalist human concept, privacy is considered from an appropriate engineering perspective: human-centred design. Two human-centred design standards are selected as exemplars of best practice, and are (...) analysed using an existing multi-dimensional privacy model. The findings indicate that the human-centred standards are currently inadequate in dealing with privacy issues. Some implications for future practice are subsequently highlighted. (shrink)