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 the first part of the 21st century, the complicated relationship between transparency and security reached a boiling point with revelations of extra-judicial CIA activities, near universal NSA monitoring and unprecedented whistleblowing – and prosecution of whistleblowers under the Espionage Act. This article examines the dual necessities of security and transparency for any democracy, and the manner in which whistleblowers radically saddle this Janus-faced relationship. Then I will move to contemporary examples of whistleblowing, showing how and why some prove more (...) damaging or beneficial than others. I will conclude with some suggestions as to practical reforms which might mitigate the seemingly inevitable pendulum-swinging between Snowden-style vigilantism and a panoptic security state. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

With the advent of social networking websites, privacy concerns have reached a new high. One particularly problematic concern entails employers requesting login credentials to popular social media platforms. While many people may consider this request unethical, they may not agree on the reasons it is unethical. One reason may be to blame the behavior on egoism. Egoism, however, comes in multiple flavors, not all of which would agree that violating privacy is acceptable. In this paper, we articulate how one egoist (...) perspective provides a defense of privacy in the face of unjust information access requests. Objectivism, the philosophy of Ayn Rand, offers an egoist approach to ethics that values individual privacy on rational, self-interested grounds. By applying Objectivist principles to a business context, we observe that businesspeople should not violate other people’s privacy for short-term gains. Furthermore, we observe that privacy can be protected without distinct right to privacy. Rather, Objectivism’s conception of rational self-interest suggests that long-term flourishing is the proper end of individuals and businesses, predicated on, among other things, respecting privacy and enforcing individual rights. (shrink)

This paper explores the potential of data mining as a technique that could be used by malicious data miners to threaten the privacy of social network sites users. It applies a data mining algorithm to a real dataset to provide empirically-based evidence of the ease with which characteristics about the SNS users can be discovered and used in a way that could invade their privacy. One major contribution of this article is the use of the decision forest data mining algorithm (...) to the context of SNS, which does not only build a decision tree but rather a forest allowing the exploration of more logic rules from a dataset. One logic rule that SysFor built in this study, for example, revealed that anyone having a profile picture showing just the face or a picture showing a family is less likely to be lonely. Another contribution of this article is the discussion of the implications of the data mining problem for governments, businesses, developers and the SNS users themselves. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

PurposeThere are a lot of discussions about privacy in relation to contemporary communication systems (such as Facebook and other “social media” platforms), but discussions about privacy on the internet in most cases misses a profound understanding of the notion of privacy and where this notion is coming from. The purpose of this paper is to challenge the liberal notion of privacy and explore foundations of an alternative privacy conception.Design/methodology/approachA typology of privacy definitions is elaborated based on Giddens' theory of structuration. (...) The concept of privacy fetishism that is based on critical political economy is introduced. Limits of the liberal concept of privacy are discussed. This discussion is connected to the theories of Marx, Arendt and Habermas. Some foundations of an alternative privacy concept are outlined.FindingsThe notion of privacy fetishism is introduced for criticizing naturalistic accounts of privacy. Marx and Engels have advanced four elements of the critique of the liberal privacy concept that were partly taken up by Arendt and Habermas: privacy as atomism that advances; possessive individualism that harms the public good; legitimizes and reproduces the capitalist class structure; and capitalist patriarchy.Research limitations/implicationsGiven the criticisms advanced in this paper, the need for an alternative, socialist privacy concept is ascertained and it is argued that privacy rights should be differentiated according to the position individuals occupy in the power structure, so that surveillance makes transparent wealth and income gaps and company's profits and privacy protects workers and consumers from capitalist domination.Originality/valueThe paper contributes to the establishment of a concept of privacy that is grounded in critical political economy. Owing to the liberal bias of the privacy concept, the theorization of privacy has thus far been largely ignored in critical political economy. The paper contributes to illuminating this blind spot. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

With the advent of Web 2.0, numerous social software applications allow people to publish and share information on the Internet. Two of these types of applications – collaborative workspaces and social network sites – have a number of features in common, which are explored to provide a basis for comparative analysis. This basis is extended with a suitable definition of privacy, a sociological perspective and an applicable adversary model in order to facilitate an investigation of similarities and differences with regard (...) to privacy threats. Practical examples are derived from the use of Wikipedia and Facebook. Analysis suggests that a combination of technical, legal, and normative solutions should be considered to counter privacy issues. A number of potential solutions that may mitigate these issues are proposed. (shrink)

It has been recommended that parents should monitor their children’s Internet use, including what sites their children visit, what messages they receive, and what they post. In this paper, I claim that parents ought not to follow this advice, because to do so would violate children’s right to privacy over their on-line information exchanges. In defense of this claim, I argue that children have a right to privacy from their parents, because such a right respects their current capacities and fosters (...) their future capacities for autonomy and relationships. (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)

It seems obvious that informational privacy has an epistemological component; privacy or lack of privacy concerns certain kinds of epistemic relations between a cogniser and sensitive pieces of information. One striking feature of the fairly substantial philosophical literature on informational privacy is that the nature of this epistemological component of privacy is only sparsely discussed. The main aim of this paper is to shed some light on the epistemological component of informational privacy.

This article joins in and extends the contemporary debate on the right to privacy. We bring together two strands of the contemporary discourse on privacy. While we endorse the prevailing claim that norms of informational privacy protect the autonomy of individual subjects, we supplement it with an argument demonstrating that privacy is an integral element of the dynamics of all social relationships. This latter claim is developed in terms of the social role theory and substantiated by an analysis of the (...) role of privacy in intimate relationships, in professional relationships and in social interactions between strangers in public. We conclude by arguing that it is not always reasonable to assume a conflict between individual privacy on the one hand and society on the other. Legislators and participants in public debate also have to take into account the consequences of limiting privacy on social interaction and the integration of the society. (shrink)

In recent years there has been wide-ranging discussion of epistemic virtues. Given the value and importance of acquiring knowledge this discussion has tended to focus upon those traits that are relevant to the acquisition of knowledge. This acquisitionist focus ignores or downplays the importance of epistemic restraint: refraining from seeking knowledge. In contrast, in many periods of history, curiosity was viewed as a vice. By drawing upon critiques of curiositas in Middle Platonism and Early Christian philosophy, we gain useful insights (...) into the value and importance of epistemic restraint. The historical discussion paves the way for a clarification of epistemic restraint, one that distinguishes the morally relevant features of epistemic process, content, purpose, and context. Epistemic restraint is identified as an important virtue where our epistemic pursuits pose risks and burdens, where such pursuits have opportunity costs, where they are pursued for vicious purposes. But it is in the social realm where epistemic restraint has most purchase, epistemic restraint is important both because privacy is important and because being trusted are important. Finally, some suggestions are offered as to why epistemic restraint has not received the contemporary attention that it deserves. (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)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

The right to privacy is one of the rights most widely demanded today. Privacy has not always so been demanded. The reasons for the present concern for privacy are complex and obscure. They obviously relate both to the possibilities for very considerable enjoyment of privacy by the bulk of people living in affluent societies brought about by twentieth-century affluence, and to the development of very efficient methods of thoroughly and systematically invading this newly found privacy. However, interesting and important as (...) it is as a socio-philosophical inquiry, the concern of this paper is not with why privacy has come to be so highly prized, but rather with whether it is rightly prized, and if so, when and why. This means that my concern will be with what privacy is, what is its domain, whether there is a right to privacy, and, if so, whether it is an ultimate, basic, albeit, a prima facie right, or simply a conditional right. (shrink)

The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it is important to consider (...) means of strengthening employees’ negotiating power. This article emphasizes the importance of contextualizing consent for contractual agreements to be ethically acceptable. (shrink)

James Rachels’ seminal paper “ Why Privacy Is Important ” (1975) remains one of the most influential statements on the topic. It offers a general theory that explains why privacy is important in relation to mundane personal information and situations. According to the theory, privacy is important because it allows us to selectively disclose personal information and to engage in behaviors appropriate to and necessary for creating and maintaining diverse personal relationships. Without this control, it is implied, the diversity of (...) relationships would diminish; relationships would “flatten out”, we might say. The aspect of the paper that addresses information flows (what I refer to as his information privacy theory) has been of particular interest to computer information privacy theorists. Despite its continued importance to computer privacy theorists, however, the information privacy theory appears to be contradicted by recent developments in computing. In particular, since the publication of Rachels’ paper we have seen an extensive amount of personal information collected. Further, recent developments in computing falling under the heading of social computing have brought about a new wave of personal information creation and collection. This paper will reassess and resituate Rachels’ information privacy theory in light of these developments. I will argue that the increasing collection of personal data will not flatten relationships as the information privacy theory predicts because such data lack contextual factors important to Rachels’ general theory. The paper will conclude by pointing to some areas where Rachels’ general theory and where his information privacy theory will continue to be relevant. (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 article highlights a contemporary privacy problem that falls outside the scope of dominant theoretical approaches. Although these approaches emphasize the connection between privacy and a protected personal (or intimate) sphere, many individuals perceive a threat to privacy in the widespread collection of information even in realms normally considered "public". In identifying and describing the problem of privacy in public, this article is preliminary work in a larger effort to map out future theoretical directions.

Radio Frequency Identification (RFID) systems identify and track objects, animals and, in principle, people. The ability to gather information obtained by tracking consumer goods, government documents, monetary transactions and human beings raises a number of interesting and important privacy issues. Moreover, RFID systems pose an ensemble of other ethical challenges related to appropriate uses and users of such systems. This paper reviews a number of RFID applications with the intention of identifying the technology’s benefits and possible misuses. We offer an (...) overview and discussion of the most important ethical issues concerning RFID, and describes and examine some methods of protecting privacy. (shrink)

The science fiction series of the '70's, Star Trek, began all its telecastings with the announcement "Space: The Final Frontier." Star Trek chronicled the voyage of a crew navigating their way through space. For the travelers, space seemed like the last unknown entity that needed to be investigated. As they journeyed, they learned of the boundless nature of space. Each episode portrayed a group of folks encountering new situations, attempting to solve another problem, or strategizing how to overcome an obstacle.While (...) few people will ever have a chance to travel in a spaceship to discover the universe, most have trekked through cyberspace. Cyberspace is the coined term for the computer world. Little would the Star Trek's producer, Gene Roddenberry, know what expansive limits the computer age would usher in. With the advent of the computer age, we recognize that we have not even begun to identify the powerful magnitude of the computer. At each juncture or moment of discovery a new question is raised, impact is assessed and plans are strategically mapped out. (shrink)

We investigate the question of whether (and if so why) creating or distributing deepfake pornography of someone without their consent is inherently objectionable. We argue that nonconsensually distributing deepfake pornography of a living person on the internet is inherently pro tanto wrong in virtue of the fact that nonconsensually distributing intentionally non-veridical representations about someone violates their right that their social identity not be tampered with, a right which is grounded in their interest in being able to exercise autonomy over (...) their social relations with others. We go on to suggest that nonconsensual deepfakes are especially worrisome in connection with this right because they have a high degree of phenomenal immediacy, a property which corresponds inversely to the ease with which a representation can be doubted. We then suggest that nonconsensually creating and privately consuming deepfake pornography is worrisome but may not be inherently pro tanto wrong. Finally, we discuss the special issue of whether nonconsensually distributing deepfake pornography of a deceased person is inherently objectionable. We argue that the answer depends on how long it has been since the person died. (shrink)

While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to (...) consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy. (shrink)

Professor Shannon Vallor’s theoretical framework of technomoral virtue ethics identifies character traits that can be cultivated to foster a future worth wanting in an environment of emerging technologies. Such technologies and increased citizen participation in the new digital environment have reconfigured what is possible in policing and intelligence-gathering more quickly, perhaps, than sober and sensible policy reflection and formulation can keep pace with. Sensational and dramatic, seismic and devastating, the Snowden disclosures represent a particular expression of dissent against American intelligence (...) community exploitation of emerging technologies in undertaking mass surveillance on a global scale. Responses to Snowden’s actions, and perceptions of the value of the disclosures he made, are polarized. Polar opposites equate to vices in the Aristotlean view that posits virtue as the middle way. Here, the theoretical framework of technomoral virtue ethics is used for objective evaluation of Snowden’s asserted motivations and documented actions against the benchmark of good cyber-citizenship that the framework describes. The fact that Snowden’s account is strongly disputed by the U.S. Government does not in and of itself invalidate a theoretical evaluation. It is not the probative value of Snowden’s account that is being tested, but how the narrative presented measures up to an ethical framework. (shrink)

Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind of control. The main thesis is that privacy should be analyzed in terms of source control, a notion that is adopted from discussions about moral responsibility.

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (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)

This article develops a framework for analyzing and comparing privacy and privacy protections across (inter alia) time, place, and polity and for examining factors that affect privacy and privacy protection. This framework provides a method to describe precisely aspects of privacy and context and a flexible vocabulary and notation for such descriptions and comparisons. Moreover, it links philosophical and conceptual work on privacy to social science and policy work and accommodates different conceptions of the nature and value of privacy. The (...) article begins with an outline of the framework. It then refines the view by describing a hypothetical application. Finally, it applies the framework to a real‐world privacy issue—campaign finance disclosure laws in the United States and France. The article concludes with an argument that the framework offers important advantages to privacy scholarship and for privacy policy makers. (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 the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of (...) this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. (shrink)

El derecho a la privacidad está en el centro de muchos de los debates públicos actuales. Sin embargo, a pesar de la extensa literatura filosófica y jurídica sobre el tema, no contamos con una explicación adecuada del sentido y del valor de la privacidad. Esta falta de acuerdo sobre cuestiones conceptuales y normativas ha llevado a algún autor a hablar del ‘caos de la privacidad’. Este artículo se centra en la exploración conceptual de la privacidad. Para ello, en primer lugar, (...) consideraré cómo el derecho a la privacidad fue formulado por primera vez en el célebre artículo de Warren y Brandeis. Segundo, en la medida en que el derecho a la privacidad es sistemáticamente traducido en español como ‘derecho a la intimidad’, resulta crucial analizar con cuidado la confusa relación entre intimidad y privacidad. Con este fin, en las dos últimas secciones del trabajo discutiré algunas explicaciones de cómo trazar la distinción entre ambas nociones y cómo entender su intrincada relación. (shrink)

Revelations of personal matters often have negative consequences for social-media users. These consequences trigger frequent warnings, practical rather than moral in nature, that social-media users should consider carefully what they reveal about themselves since their revelations might cause them various difficulties in the future. I set aside such practical considerations and argue that social-media users have a moral obligation to maintain their own privacy that is rooted in the duty to self-censor. Although Anita L. Allen provides a paternalist justification of (...) the duty that supports my position that social-media users are obligated to self-censor what they reveal about themselves, I justify the obligation through considerations that are more palatable to liberals than is paternalism. I accomplish this by arguing that the failure to self-censor often creates for others undue burdens that individuals are obligated morally not to create. In particular, social-media revelations often create undue burdens for those, such as employers and university personnel, who are obligated morally to respect individuals’ privacy in their decision-making processes. I also demonstrate that this argument is not for a broad duty to self-censor, but, rather, for a narrow duty that applies to particular circumstances such as certain uses of social media. (shrink)

Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...) Cerf fails to recognize the existence of derived human rights. I argue further that we need to consider what other human rights are necessitated by the digital age. I suggest we need a Declaration of Digital Rights. As a step toward the development of such a declaration, I suggest a framework for thinking through how to ensure the human rights are satisfied in digital contexts. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...) in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

Many ICT services require that users explicitly consent to conditions of use and policies for the protection of personal information. This consent may become ‘routinised’. We define the concept of routinisation and investigate to what extent routinisation occurs as well as the factors influencing routinisation in a survey study of internet use. We show that routinisation is common and that it is influenced by factors including gender, age, educational level and average daily internet use. We further explore the reasons users (...) provide for not reading conditions and policies and show that they can be grouped in meaningful ways that may delineate different types of routinsation. (shrink)

Living labs represent an important step in the development of research solutions based on the inclusive design paradigm. To ensure participants' rights and the adoption of an ethical approach to technological research, this paper presents some tools and strategies that comply with the needs and rights of those less advantaged groups to ensure that their rights and demands are taken into account. There is a gap in the construction and development of norms for a living lab. This article summarizes the (...) efforts made to achieve the goals of ethical awareness, enumerates the issues related to the ethical problems that may arise during participatory design and living labs environments, describes working routines, and outlines recommendations for achieving this objective. This paper attempts to focus on those aspects of research development that directly or indirectly come into contact with issues of ethics, privacy, and security related to participants in the context of any research conducted using a living lab approach. It also includes thoughts about the importance of information and communication technologies on the public domain and their implications for privacy. The importance of ethical awareness is even more evident in the case of enterprises where elderly and disabled users are present. For that reason, there are several legal tools that can be applied in a living lab setting, tools that are pertinent even though they may not have been conceived specifically to regulate this environment, may be used in a precarious way and might be temporary as well, just to proceed with the setting up of the living lab. However, the specificity and idiosyncrasy of this research environment demands further efforts to establish procedures that will facilitate both the proper set-up and smooth running of the living lab. (shrink)

For more than thirty years an extensive and significant philosophical debate about the notion of privacy has been going on. Therefore it seems puzzling that most current authors on information technology and privacy assume that all individuals intuitively know why privacy is important. This assumption allows privacy to be seen as a liberal “nice to have” value: something that can easily be discarded in the face of other really important matters like national security, the doing of justice and the effective (...) administration of the state and the corporation. In this paper I want to argue that there is something fundamental in the notion of privacy and that due to the profoundness of the notion it merits extraordinary measures of protection and overt support. I will also argue that the notion of transparency (as advocated by Wasserstrom) is a useless concept without privacy and that accountability and transparency can only be meaningful if encapsulated in the context of privacy. From philosophical and legal literature I will discuss and argue the value of privacy as the essential context and foundation of human autonomy in social relationships. In the conclusion of the paper I will discuss implications of this notion of privacy for the information society in general, and for the discipline of information systems in particular. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1995.