In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

Academic research into RFID technology has largely neglected ethics. What scarce research was being performed has now dwindled despite having some consumers continue to express their ethical concerns. This article aims at reducing this apparent void by exploring the antecedents that cause the public to react when consumers are targeted by RFID technology. Through the analysis of 11 real RFID implementations used to target consumers, our research indicates that several factors can influence consumer response through the distinct nature of the (...) technology, namely, Customization of communications, Imposition of tag use, Segmentation and targeting, Modified role of the sales representative, Physical distance between the consumer and the tag, and Security of transactions. The article then proposes a construct to determine the risk of raising consumer ethical concerns. The construct of “Connective Proximity” and its three components are defined. Our research highlights the need for further studies on the ethical considerations of tagging humans and specifically tracking consumers when performing marketing activities with RFID technology. Our article aims at invigorating research on this topic, which has a lot to contribute to both society and corporations. (shrink)

Using concepts from Ulrich Beck's Risk Society, this paper argues that as expertise proliferates questions of ethics in decision-making fall through gaps between domains of expertise. As a consequence, unethical outcomes are unattached to actions taken with no one accountable or responsible for these outcomes. Using Actor-Network Theory, a case study is presented showing how the sale of students' personal information by the Calgary Board of Education escaped questions of ethics. The sale of student information was the product of the (...) convergence of narrowly focussed technology and education expert actions and decisions with an earlier two-stage translation of privacy from a potential ethical issue to an issue of expert rule creation and interpretation. The purpose of this paper is to show, through an example, how questions of ethics are displaced in expert decision-making and to enable the public, managers, individuals and experts to recognize displacements and, through this, create a space for ethics to appear. (shrink)

Recent scholarship in philosophy, law, and information systems suggests that respecting privacy entails understanding the implicit privacy norms about what, why, and to whom information is shared within specific relationships. These social contracts are important to understand if firms are to adequately manage the privacy expectations of stakeholders. This paper explores a social contract approach to developing, acknowledging, and protecting privacy norms within specific contexts. While privacy as a social contract—a mutually beneficial agreement within a community about sharing and using (...) information—has been introduced theoretically and empirically, the full impact on firms of an alternative framework to respecting the privacy expectations of stakeholders has not been examined. The goal of this paper is to examine how privacy norms develop through social contract’s narrative, to redescribe privacy violations given the social contract approach, and to critically examine the role of business as a contractor in developing privacy norms. A social contract narrative dealing specifically with issues of privacy is an important next step in exploring a social contract approach to privacy. Here, the narrative is used to explain to analyze the dynamic process of privacy norm generation within particular communities. Based on this narrative, individuals within a given community discriminately share information with a particular set of obligations in mind as to who has access to the information and how it will be used. Rather than giving away privacy, individuals discriminately share information within a particular community and with norms governing the use of their information. Similar to contractual business ethics’ impact on global commerce in explaining how and why norms vary across global contexts, the social contract approach to privacy explains how and why norms vary across communities of actors. Focusing on agreements around privacy expectations shifts the responsibility of firms from adequate notification to the responsibility of firms as contractors to maintain a mutually beneficial and sustainable solution. (shrink)

A growing body of theory has focused on privacy as being contextually defined, where individuals have highly particularized judgments about the appropriateness of what, why, how, and to whom information flows within a specific context. Such a social contract understanding of privacy could produce more practical guidance for organizations and managers who have employees, users, and future customers all with possibly different conceptions of privacy across contexts. However, this theoretical suggestion, while intuitively appealing, has not been empirically examined. This study (...) validates a social contract approach to privacy by examining whether and how privacy norms vary across communities and contractors. The findings from this theoretical examination support the use of contractual business ethics to understand privacy in research and in practice. As predicted, insiders to a community had significantly different understandings of privacy norms as compared to outsiders. In addition, all respondents held different privacy norms across hypothetical contexts, thereby suggesting privacy norms are contextually understood within a particular community of individuals. The findings support two conclusions. First, individuals hold different privacy norms without necessarily having diminished expectations of privacy. Individuals differed on the factors they considered important in calculating privacy expectations, yet all groups had robust privacy expectations across contexts. Second, outsiders have difficulty in understanding the privacy norms of a particular community. For managers and scholars, this renders privacy expectations more difficult to identify at a distance or in deductive research. The findings speak directly to the needs of organizations to manage a diverse set of privacy issues across stakeholder groups. (shrink)

Recent scholarship in business ethics has revealed the importance of privacy expectations as they relate to implicit privacy norms and the business practices that may violate these expectations. Yet, it is unclear how and when businesses may violate these expectations, factors that form or influence privacy expectations, or whether or not expectations have in fact been violated by company actions. This article reports the findings of three studies exploring how and when the corporate dissemination of consumer data violates privacy expectations. (...) The results indicate that consumer sentiment is more negative following intentional releases of sensitive consumer data, but the effect of data dissemination is more complex than that of company intentionality and data sensitivity alone. Companies can effectively set, and re-affirm, privacy expectations via consent procedures preceding and succeeding data dissemination notifications. Although implied consent has become more widely used in practice, we show how explicit consent outperforms implied consent in these regards. Importantly, this research provides process evidence that identifies perceived violation of privacy expectations as the underlying mechanism to explain the deleterious effects, on consumer sentiment, when company actions are misaligned with consumers’ privacy expectations. Ethical implications for companies collecting and disseminating consumer information are offered. (shrink)

This paper provides an in-depth analysis of the privacy rights dilemma surrounding radio frequency identification (RFID) technology. As one example of ubiquitous information system, RFID has multitudinous applications in various industries and businesses across society. The use of this technology will have to lead to a policy setting dilemma in that a balance between individuals’ privacy concerns and the benefits that they derive from it must be drawn. After describing the basic RFID technology some of its most prevalent uses, a (...) definition of privacy is derived in the context of information systems. To illustrate current attempts at controlling the undesirable side effects of RFID, Lessig’s cyberspace framework is presented. It is found that each of Lessig’s components is inadequate at preventing individual privacy violations in RFID. The main focus within this framework is on the norms of society. The social norm mechanism that addresses privacy issues in cyberspace is the Fair Information Practices Principles (FIPP). After an analysis of these principles, it is posited that the FIPP only deal with procedural justice issues related to data collection and omit distributive and interactional justice reasoning related to the actual beneficial and detrimental outcomes to the individuals whose data is being obtained. Thus, RFID is presented in the context of the tension between the many benefits that are provided by the technology in social exchanges, and the risk it carries of the loss of privacy. The new, expanded framework recognizes both sides of the issue with the ultimate goal of providing a greater understanding of how privacy issues can be addressed with RFID technology. (shrink)

Motivated by advances in mass customization in business practice, explosion in the number of internet of things devices, and the lack of published research on privacy differentiation and customization, we propose a contextual information relevance model of privacy. We acknowledge the existence of individual differences with respect to unique security and privacy protection needs. We observe and argue that it is unfair and socially inefficient to treat privacy in a uniform manner whereby a large proportion of the population remain unsatisfied (...) by a common policy. Our research results provide quantifiable means to measure and evaluate the customized privacy. We show that with privacy differentiation, the social planner will observe increases in demand and overall social welfare. Our results also show that business practitioners could profit from privacy customization. (shrink)

Using concepts from Ulrich Beck’s Risk Society, this paper argues that as expertise proliferates questions of ethics in decision-making fall through gaps between domains of expertise. As a consequence, unethical outcomes are unattached to actions taken with no one accountable or responsible for these outcomes. Using Actor-Network Theory (ANT), a case study is presented showing how the sale of students’ personal information by the Calgary Board of Education (CBE) escaped questions of ethics. The sale of student information was the product (...) of the convergence of narrowly focussed technology and education expert actions and decisions with an earlier two-stage translation of privacy from a potential ethical issue to an issue of expert rule creation and interpretation. The purpose of this paper is to show, through an example, how questions of ethics are displaced in expert decision-making and to enable the public, managers, individuals and experts to recognize displacements and, through this, create a space for ethics to appear. (shrink)

The advance of technology has influenced marketing in a number of ways that have ethical implications. Growth in use of the Internetand e-commerce has placed electronic “cookies,” spyware, spam, RFIDs, and data mining at the forefront of the ethical debate. Some marketers have minimized the significance of these trends. This overview paper examines these issues and introduces the two articles that follow. It is hoped that these entries will further the important “marketing and technology” ethical debate.