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)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

In February 2012, the Obama White House endorsed a Privacy Bill of Rights, comprising seven principles. The third, “Respect for Context,” is explained as the expectation that “companies will collect, use, and disclose personal data in ways that are consistent with the context in which consumers provide the data.” One can anticipate the contested interpretations of this principle as parties representing diverse interests vie to make theirs the authoritative one. In the paper I will discuss three possibilities and explain why (...) each does not take us far beyond the status quo, which, regulators in the United States, Europe, and beyond have found problematic. I will argue that contextual integrity offers the best way forward for protecting privacy in a world where information increasingly mediates our significant activities and relationships. Although an important goal is to influence policy, this paper aims less to stipulate explicit rules than to present an underlying justificatory, or normative rationale. Along the way, it will review key ideas in the theory of contextual integrity, its differences from existing approaches, and its harmony with basic intuition about information sharing practices and norms. (shrink)

In this paper, I take a critical stance on the emerging field of nanoethics. After an introductory section, “Conceptual Foundations of Nanotechnology” considers the conceptual foundations of nanotechnology, arguing that nanoethics can only be as coherent as nanotechnology itself and then discussing concerns with this latter concept; the conceptual foundations of nanoethics are then explicitly addressed in “Conceptual Foundations of Nanoethics”. “Issues in Nanoethics” considers ethical issues that will be raised through nanotechnology and, in “What’s New?”, it is argued that (...) none of these issues is unique to nanotechnology. In “It’s a Revolution!”, I express skepticism about arguments which hold that, while the issues themselves might not be unique, they nevertheless are instantiated to such a degree that extant moral frameworks will be ill-equipped to handle them. In “What’s Different?”, I draw plausible distinctions between nanoethics and other applied ethics, arguing that these latter might well identify unique moral issues and, as such, distinguish themselves from nanoethics. Finally, in “What Now?”, I explore the conclusions of this result, ultimately arguing that, while nanoethics may fail to identify novel ethical concerns, it is at least the case that nanotechnology is deserving of ethical attention, if not a new associative applied ethic. (shrink)

A claim that certain purely private matters should be beyond the reach of society's laws, moral rules, and other customs is central to the distinctive liberalism of John Stuart Mill. On Liberty, perhaps the most eloquent defense of individual liberty ever written, laments the hostility allegedly displayed in modern mass societies toward “the right of each individual to act [in private matters] as seems good to his judgement and inclinations”. In Mill's view, a free society must design its institutions with (...) due regard for what he terms “individuality.” That is, public authority, whether in the form of law, customary opinion, or economic power, must be self-limiting so that it does not interfere with the rights of individuals to choose as they like with respect to such private concerns as religious faith, reading materials, living companions, and consumption of drugs and alcohol. Individuals and voluntary groups should be permitted to do whatever they prefer within their private spheres even if everyone else in society dislikes what they do, is annoyed by them, and actually chooses not to be around them or to befriend them. (shrink)

Political character, the dynamic intersection of personality and public performance within a cultural and historical context, is appropriately the subject of news reports. The article provides journalists with an ethical rationale for covering political character while acknowledging the human need for privacy and then outlines a set of characterrelated issues that journalists should explore. It concludes with the suggestion that journalists should once again begin to cover the public record of political figures in-depth and that this public record be linked (...) with deeper, psychologically based explorations of character. (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)

Throughout the longstanding debate on privacy, the concept has been framed in various ways. Most often it has been discussed as an area within which individuals rightfully may expect to be left alone and in terms of certain data that they should be entitled to control. The sphere in which individuals should be granted freedom from intrusion has typically been equated with the indisputably private domestic sphere. Privacy claims in the semi-public area of work have not been sufficiently investigated. In (...) this article, the case is made that employees have reasonable expectations on privacy at work. Firstly, in a descriptive analysis, employees’ need for workspace privacy is spelt out. Secondly, a normative analysis explicates the reasons why privacy should be protected. The main thrust is to provide a more inclusive privacy concept and hence, a more adequate basis for privacy protection legislation and codes in the area of work. Contrary to prevailing workplace privacy protection, employees’ need for local privacy should be accommodated as well as informational privacy. (shrink)