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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 (...) |
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With the advent of the Internet of Things (IoT), it has become increasingly challenging for users to assess the privacy risks associated with consumer products and the continuous stream of user data needed to operate them. In this study, we propose and test three mechanisms with the potential to help users make more accurate assessments of privacy risks. We refer to these mechanisms as framing (i.e., presenting information on the collection and use of user data with or without direct reference (...) |
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Personal Information Management Systems (PIMS) aim to facilitate the sharing of personal information and protect privacy. Efforts to enhance privacy management, aligned with established privacy policies, have led to guidelines for integrating transparent notices and meaningful choices within these systems. Although discussions have revolved around the design of privacy-friendly systems that comply with legal requirements, there has been relatively limited philosophical discourse on incorporating the value of privacy into these systems. Exploring the connection between privacy and personal autonomy illuminates the (...) |
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Often, when we share information about ourselves, we contribute to people learning personal things about others. This may happen because what we share about ourselves can be used to infer personal information about others. Such dependencies have become known as privacy dependencies in the literature. It is sometimes claimed that the scope of the right to privacy should be expanded in light of such dependencies. For example, some have argued that inferring information about others can violate their right to privacy. (...) |
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This article argues that the self-management of one’s privacy is impossible due to privacy externalities. Privacy externalities are the negative by-product of the services offered by some data controllers, whereby the price to ‘pay’ for a service includes not just the provision of the user’s own personal data, but also that of others. This term, related to similar concepts from the literature on privacy such as ‘networked privacy’ or ‘data pollution’, is used here to bring to light the incentives and (...) |
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Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) |
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The idea that technologies can change moral beliefs and practices is an old one. But how, exactly, does this happen? This paper builds on an emerging field of inquiry by developing a synoptic taxonomy of the mechanisms of techno-moral change. It argues that technology affects moral beliefs and practices in three main domains: decisional (how we make morally loaded decisions), relational (how we relate to others) and perceptual (how we perceive situations). It argues that across these three domains there are (...) |
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This chapter will explore the dynamics of power underpinning ethical issues within smart cities via a new paradigm derived from Systems Theory. The smart city is an expression of technology as a socio-technical system. The vision of the smart city contains a deep fusion of many different technical systems into a single integrated “ambient intelligence”. ETICA Project, 2010, p. 102). Citizens of the smart city will not experience a succession of different technologies, but a single intelligent and responsive environment through (...) |
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The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are many issues with such informed consent: people get too many consent requests to read everything, policy documents are often very long and difficult to understand and users (...) |
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The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, a change in emphasis from (...) |
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This chapter provides a high-level overview of key ethical issues raised by the use of surveillance technologies, such as digital contact tracing, disease surveillance, and vaccine passports, to combat the COVID-19 pandemic. To some extent, these issues are entirely familiar. I argue that they raise old questions in new form and with new urgency, at the intersection of information ethics, research ethics, and public health. Whenever we deal with data-driven technologies, we have to ask how they fare in relation to (...) |
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Developments in medical big data analytics may bring societal benefits but are also challenging privacy and other ethical values. At the same time, an overly restrictive data protection regime can form a serious threat to valuable observational studies. Discussions about whether data privacy or data solidarity should be the foundational value of research policies, have remained unresolved. We add to this debate with an empirically informed ethical analysis. First, experiences with the implementation of the General Data Protection Regulation (GDPR) within (...) |
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This paper argues in favor of a hybrid conception of identity. A common conception of identity in datafied society is a split between a digital self and a real self, which has resulted in concepts such as the data double, algorithmic identity, and data shadows. These data-identity metaphors have played a significant role in the conception of informational privacy as control over information—the control of or restricted access to your digital identity. Through analyses of various data-identity metaphors as well as (...) |
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This extended abstract summarises some of the basic points of AI ethics and policy as they present themselves now. We explain the notion of AI, the main ethical issues in AI and the main policy aims and means. |
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The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, the article argues (...) |
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Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) |
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Contemporary privacy theories and European discussions about data protection employ the notion of ‘personal information’ to designate their areas of concern. The notion of personal information is demarcated from non-personal information—or just information—indicating that we are dealing with a specific kind of information. However, within privacy scholarship the notion of personal information appears undertheorized, rendering the concept somewhat unclear. We argue that in an age of datafication, protection of personal information and privacy is crucial, making the understanding of what is (...) |
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In this paper I will take the right to privacy as an example when discussing the question of the prospects of global value consensus or value conflicts. The question whether privacy is a contextual value will be discussed in the remaining part of my paper and I will take the views of the Japanese ICT-ethicists Yohko Orito and Kiyosho Murata as my point of departure. In “Privacy protection in Japan: cultural influence on the universal value” (2005), they argue against the (...) |
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Privacy is a sociocultural perception, depending on the dominant values of a society, sociocultural heritage, and contemporary technological developments. This article focuses on privacy perception among adolescents based on a European school survey (PRACTIS), and presents comparative results of an exploratory study conducted among over 1,428 adolescents in six countries. The results reveal that adolescents attribute high value to privacy and are prepared to actively oppose if an online corporation is challenging their personal interests. However, they tend to trade off (...) |
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One of the most prominent ethical concerns regarding emerging neurotechnologies is mental privacy. This is the idea that we should have control over access to our neural data and to the information about our mental processes and states that can be obtained by analyzing it. A key issue is whether this information needs more stringent protection than other kinds of personal information. I will articulate and support the view, underlying recent regulatory frameworks, that mental privacy requires a special treatment because (...) |
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Automated influence, delivered by digital targeting technologies such as targeted advertising, digital nudges, and recommender systems, has attracted significant interest from both empirical researchers, on one hand, and critical scholars and policymakers on the other. In this paper, we argue for closer integration of these efforts. Critical scholars and policymakers, who focus primarily on the social, ethical, and political effects of these technologies, need empirical evidence to substantiate and motivate their concerns. However, existing empirical research investigating the effectiveness of these (...) |
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In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether other people (...) |
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The Society of Control is a philosophical concept developed by Gilles Deleuze in the early 1990s to highlight the transition from Michel Foucault’s Disciplinary Society to a new social constitution of power assisted by digital technologies. The Society of Control is organized around switches, which convert data, and, in this way, exercise power. These switches take data inputs (digitized information about individuals) and transform them into outputs (decisions) based on their pre-programmed instructions. I call these switches “automated decision-making algorithms” (ADMAs) (...) |
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Many office workers use computers and the Internet not only to get their daily jobs done but also to deal with their personal businesses. Therefore employers nowadays monitor their employees electronically to prevent the misuse of the company resources. The use of electronic monitoring in organizations causes issues of trust and privacy. This study is dedicated to developing a conceptual model on the two issues under electronic monitoring. Control, considered as the essence of the definition of privacy as well as (...) |
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Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...) |
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Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...) |
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Contemporary privacy debates regarding new technologies often define privacy in terms of control over personal information such that the privacy “problem” is a lack of control and the privacy “solution” is increased control. This article questions the control-paradigm by pointing to its parallels with earlier debates in the philosophy of technology regarding technology that was out-of-control. What first-generation philosophers of technology understood was that at the root of the questioning of technology lay a need to question the modern self itself. (...) |
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Public policies designed to regulate the use of information technology to protect personal data have been based on different theoretical assumptions in different states, depending on whether the problem is defined in technological, civil libertarian, or bureaucratic terms. However, the rapid development, dispersal, and decentralization of information technology have facilitated a range of new surveillance practices that have in turn rendered the approaches of the 1960s and 1970s obsolete. The networking of the postindustrial state will require a reconceptualization of the (...) |
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European Journal of Philosophy, EarlyView. |
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In 1990, Gilles Deleuze publishedPostscript on the Societies of Control, an introduction to the potentially suffocating reality of the nascent control society. This thirty-year update details how Deleuze’s conception has developed from a broad speculative vision into specific economic mechanisms clustering around personal information, big data, predictive analytics, and marketing. The central claim is that today’s advancing control society coerces without prohibitions, and through incentives that are not grim but enjoyable, even euphoric because they compel individuals to obey their own (...) |
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In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) |
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Does AI conform to humans, or will we conform to AI? An ethical evaluation of AI-intensive companies will allow investors to knowledgeably participate in the decision. The evaluation is built from nine performance indicators that can be analyzed and scored to reflect a technology’s human-centering. When summed, the scores convert into objective investment guidance. The strategy of incorporating ethics into financial decisions will be recognizable to participants in environmental, social, and governance investing, however, this paper argues that conventional ESG frameworks (...) |
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The debate on the ethics of privacy has been mainly dominated by Western perspectives, to the exclusion of broader ethical theories and socio-cultural perspectives. This imbalance carries risks; transplanted ethical norms and values can collide with those of the communities in which they are deployed. The consequent homogenization might also represent a missed opportunity to enrich and develop the current paradigm of privacy protection so as to effectively face new technological challenges. This article introduces and discusses the sub-Saharan philosophy of (...) |
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In this article I argue that we should understand some forms of hypocritical behaviour in terms of epistemic injustice; a type of injustice in which a person is wronged in their capacity as a knower. If each of us has an interest in knowing what morality requires of us, this can be undermined when hypocritical behaviour distorts our perception of the moral landscape by misrepresenting the demandingness of putative moral obligations. This suggests that a complete theory of the wrongness of (...) |
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Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) |
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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 (...) |
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Due to the technology of machine learning, new breakthroughs are currently being achieved with constant regularity. By using machine learning techniques, computer applications can be developed and used to solve tasks that have hitherto been assumed not to be solvable by computers. If these achievements consider applications that collect and process personal data, this is typically perceived as a threat to information privacy. This paper aims to discuss applications from both fields of personality and image analysis. These applications are often (...) |
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The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have become ubiquitous with the (...) |
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Purpose Cybersecurity in healthcare has become an urgent matter in recent years due to various malicious attacks on hospitals and other parts of the healthcare infrastructure. The purpose of this paper is to provide an outline of how core values of the health systems, such as the principles of biomedical ethics, are in a supportive or conflicting relation to cybersecurity. Design/methodology/approach This paper claims that it is possible to map the desiderata relevant to cybersecurity onto the four principles of medical (...) |
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Im Rahmen der Maßnahmen zur Eindämmung der Covid-19- Pandemie sind die Bürgerinnen und Bürger in Deutschland und vielen anderen Ländern dazu angehalten, weitestgehend in ihren Privatwohnungen zu bleiben. Wurde der Wert des Privaten in der liberalen Tradition gerade im Rückzug von und als Schutz vor der politischen Öffentlichkeit sowie administrativen Eingriffen gesehen, wird das Private damit nun unmittelbar politischen Anforderungen unterworfen. Indem die Kontrolle über die Gewährung und Verwehrung des Zugangs zum Privaten eingeschränkt worden ist und keinen frei gewählten Rückzugsort (...) |
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Definition of the problemThe concept of privacy has been astonishingly absent in the discussion about dementia care. In general, questions of privacy receive a lot of attention in nursing ethics; however, when it comes to dementia care, hardly any systematic ethical debate on the topic can be found. It almost seems as though people with dementia had lost any comprehensible interest in privacy and no longer had any private sphere that needed to be considered or protected. However, this not only (...) |
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Zusammenfassung Der Begriff der Privatheit markiert eine erstaunliche Leerstelle in der Diskussion um die Pflege von Menschen mit Demenz (MmD). Der sonst intensiv geführte pflegeethische Diskurs über Fragen der Privatheit scheint hier nahezu vollständig zu verstummen, so als verlören MmD im Verlauf ihrer Erkrankung jedes nachvollziehbare Interesse an einer Privatsphäre und verfügten über keinerlei privaten Bereich mehr, den man bei ihrer pflegerischen Versorgung beachten oder schützen müsste. Eine solche Vorstellung widerspricht allerdings nicht nur verbreiteten moralischen Intuitionen, sondern auch den Auffassungen (...) |
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Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) |
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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 (...) |
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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, (...) |
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With the increase in the costs of providing education and concerns about financial responsibility, heightened consideration of accountability and results, elevated awareness of the range of teacher skills and student learning styles and needs, more focus is being placed on the promises offered by online software and educational technology. One of the most heavily marketed, exciting and controversial applications of edtech involves the varied educational programs to which different students are exposed based on how big data applications have evaluated their (...) |
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