Profiling technologies are the facilitating force behind the vision of Ambient Intelligence in which everyday devices are connected and embedded with all kinds of smart characteristics enabling them to take decisions in order to serve our preferences without us being aware of it. These technological practices have considerable impact on the process by which our personhood takes shape and pose threats like discrimination and normalisation. The legal response to these developments should move away from a focus on entitlements to personal (...) data, towards making transparent and controlling the profiling process by which knowledge is produced from these data. The tendency in intellectual property law to commodify information embedded in software and profiles could counteract this shift to transparency and control. These rights obstruct the access and contestation of the design of the code that impacts one’s personhood. This triggers a political discussion about the public nature of this code and forces us to rethink the relations between property, privacy and personhood in the digital age. (shrink)

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

Profiling technologies are the facilitating force behind the vision of Ambient Intelligence in which everyday devices are connected and embedded with all kinds of smart characteristics enabling them to take decisions in order to serve our preferences without us being aware of it. These technological practices have considerable impact on the process by which our personhood takes shape and pose threats like discrimination and normalisation. The legal response to these developments should move away from a focus on entitlements to personal (...) data, towards making transparent and controlling the profiling process by which knowledge is produced from these data. The tendency in intellectual property law to commodify information embedded in software and profiles could counteract this shift to transparency and control. These rights obstruct the access and contestation of the design of the code that impacts one’s personhood. This triggers a political discussion about the public nature of this code and forces us to rethink the relations between property, privacy and personhood in the digital age. (shrink)