Privacy issues are frequently discussed amongst researchers, practitioners and patients in healthcare. However, psychiatric patients’ privacy issues get less attention in information system development (ISD), whereby they are one of the most important stakeholders. This paper applies Carew and Stapleton’s ISD privacy framework to psychiatric monitoring systems to understand the issues that are related to monitoring psychiatric patients’ behaviour. By understanding the privacy issues amongst patients, the research will be able to provide guidance to system developers to produce a privacy-sensitive (...) system that can contribute to the system engineering for international stability. We will elaborate each factor in the framework (physical, social, psychological and informational) and then explain the relationship to the privacy of psychiatric patient. (shrink)

Modern technologies are providing unprecedented opportunities for surveillance. In the workplace surveillance technology is being built into the very infrastructure of work. Can the employee legitimately resist this increasingly pervasive net of surveillance? The employers argue that workplace surveillance is essential for security, safety, and productivity in increasingly competitive markets. They argue that they have a right to ensure that they 'get what they pay for', furthermore, that the workplace is a place of 'work' which by its very definition excludes (...) the 'personal' dimension at the core of all privacy claims. Legal developments, especially in the USA, seem to favour such an interpretation. The individual's call for workplace privacy seems illegitimate in a context where the 'personal' is almost excluded by default. In this paper I want to argue that the private/public distinction is not useful in the context of workplace surveillance since it always seems possible to argue that the workplace is always and only 'public'---thereby leaving the employee without resources to defend their claim. Such a position belies the fact that the fundamental claim of workplace privacy is not a claim for some personal space as such but rather a claim for the protection against the inherently political interests in the 'gaze' of the employer. Furthermore, that it is probably impossible, in practice, to separate the public from the private in the flow of everyday work. Thus, it seems that one needs to develop another approach to think through the issues at stake. I will argue that the distribution of privacy rights and transparency rights is rather a matter of organisational justice. I will suggest that we may use theories of justice---in particular the work of Rawls---to develop a framework of distributive justice for distributing privacy and transparency between the collective and the individual in a way that is fair. I will contend that such an approach will provide the employee with resources to defend their legitimate claim to workplace privacy. (shrink)

“Privacy as confidentiality” has been the dominant paradigm in computer science privacy research. Privacy Enhancing Technologies (PETs) that guarantee confidentiality of personal data or anonymous communication have resulted from such research. The objective of this paper is to show that such PETs are indispensable but are short of being the privacy solutions they sometimes claim to be given current day circumstances. Using perspectives from surveillance studies we will argue that the computer scientists’ conception of privacy through data or communication confidentiality (...) is techno-centric and displaces end-user perspectives and needs in surveillance societies. We will further show that the perspectives from surveillance studies also demand a critical review for their human-centric conception of information systems. Last, we rethink the position of PETs in a surveillance society and argue for the necessity of multiple paradigms for addressing privacy concerns in information systems design. (shrink)

Fairchild, Center for the History and Ethics of Public Health in the Department of Sociomedical Sciences at Columbia University's Mailman School of Public Health Abstract Surveillance is a cornerstone of public health. It permits us to recognize disease outbreaks, to track the incidence and prevalence of threats to public health, and to monitor the effectiveness of our interventions. But surveillance also challenges our understandings of the significance and role of privacy in a liberal democracy. In this paper we trace the (...) century-long history of public health surveillance in the United States situating that history in the context of the broad social, political, and ideological forces that have shaped our conceptions of privacy. Although we focus here on the United States, the debates over privacy that unfolded in the 1960s were repeated in many European nations. The themes we explore here, then, provide a framework for examining the relationship between privacy and public health in other contexts. CiteULike Connotea Del.icio.us What's this? (shrink)

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

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)

Privacy is a relational and relative concept that has been defined in a variety of ways. In this paper we offer a systematic discussion of potentially different notions of privacy. We conclude that privacy as the freedom or immunity from the judgement of others is an extremely useful concept to develop ways in which to understand privacy claims and associated risks. To this end, we develop a framework of principles that explores the interrelations of interests and values for various stakeholders (...) where privacy concerns have risen or are expected to rise. We argue that conflicts between the interests and values of different stakeholders may result in legitimate claims of privacy/transparency being ignored or underrepresented. Central to this analysis is the notion of a stakeholder. We argue that stakeholders are persons or groups with legitimate interests, of intrinsic value, in the procedural and/or substantive aspects of the privacy/transparency claim and subsequent judgements on that basis. Using the principles of access, representation, and power, which flow from our framework of analysis, we show how they can facilitate the identification of potential privacy/transparency risks using examples from the British National Health Service. (shrink)

The moral right to privacy consists of the power to determine who may gain access to information about oneself. Individual human beings need some measure of privacy in order to develop a sense of self and to avoid manipulation by the state. Journalists who respect the privacy rights of those on whom they report should especially be careful not to intrude unduly when gathering information, in publishing they should be able to demonstrate a public need to know private information. Individual (...) journalists should establish their own guidelines for reporting on the private lives of different categories of people in the news. (shrink)

The paper has three parts. First, a survey and analysis is given ofthe structure of individual rights in the recent EU Directive ondata protection. It is argued that at the core of this structure isan unexplicated notion of what the data subject can `reasonablyexpect' concerning the further processing of information about himor herself. In the second part of the paper it is argued thattheories of privacy popular among philosophers are not able to shed much light on the issues treated in (...) the Directive, whichare, arguably, among the central problems pertaining to theprotection of individual rights in the information society. Inthe third part of the paper, some suggestions are made for a richerphilosophical theory of data protection and privacy. It is arguedthat this account is better suited to the task of characterizingthe central issues raised by the Directive. (shrink)

Machine behavior that is based on learning algorithms can be significantly influenced by the exposure to data of different qualities. Up to now, those qualities are solely measured in technical terms, but not in ethical ones, despite the significant role of training and annotation data in supervised machine learning. This is the first study to fill this gap by describing new dimensions of data quality for supervised machine learning applications. Based on the rationale that different social and psychological backgrounds of (...) individuals correlate in practice with different modes of human–computer-interaction, the paper describes from an ethical perspective how varying qualities of behavioral data that individuals leave behind while using digital technologies have socially relevant ramification for the development of machine learning applications. The specific objective of this study is to describe how training data can be selected according to ethical assessments of the behavior it originates from, establishing an innovative filter regime to transition from the big data rationale n = all to a more selective way of processing data for training sets in machine learning. The overarching aim of this research is to promote methods for achieving beneficial machine learning applications that could be widely useful for industry as well as academia. (shrink)

Societies evolve practices that reflect social norms of appropriateness in social interaction, for example when and to what extent one should respect the boundaries of another person’s private sphere. One such practice is what the sociologist Erving Goffman called civil inattention—the social norm of showing a proper amount of indifference to others—which functions as an almost unnoticed yet highly potent privacy-preserving mechanism. These practices can be disrupted by technologies that afford new forms of intrusions. In this paper, we show how (...) new networked technologies, such as facial recognition, challenge our ability to practice civil inattention. We argue for the need to revitalise, in academic and policy debates, the role of civil inattention and related practices in regulating behaviour in public space. Our analysis highlights the relational nature of privacy and the importance of social norms in accomplishing and preserving it. While our analysis goes some way in supporting current calls to ban FR technology, we also suggest that, pending a ban and in light of the power of norms to limit what is otherwise technically possible, cultivating new practices of civil inattention may help address the challenges raised by FR and other forms of digital surveillance in public. (shrink)

Digital communication now pervades all spheres of life, creating new possibilities for commodification: personal data and communication are the new resources of surplus value. This in turn brings about a totally new category of threats to privacy. With recourse to the culture industry critique of early critical theory, this article seeks to challenge basic theoretical assumptions held within a liberal account of privacy. It draws the attention to the entanglement of technical and socio-economic transformations and aims at elaborating an alternative (...) framing which takes into account that privacy is not in the first place a pre-political space for individual freedom but a constituted sphere in which social power relations are reproduced in a particularly deceitful way. With recourse to positions of critical theory, this article revisits the conceptual ambiguity of liberation and oppression and looks to draft prospects for a socio-theoretical justification and critique of privacy, updated for the digital age. Following the tradition of critical theory, the argument focuses on (new) forms of domination in and by privacy. It aims to prepare the ground for a critique of the social’s increasing commodification as well as an idea of privacy understood as reflexive participation in social practices. (shrink)

Purpose Whereas integration of big data in “e-Oman” – the e-government face of Oman – is a significant prospect, this paper aims to underscore the challenges of privacy concerns in effecting such integration. Design/methodology/approach Providing a brief description about the concepts of e-government and big data, the paper follows a discussion on “e-Oman”. While drawing a framework for integration of big data in “e-Oman”, the paper throws light on the privacy concerns in effecting such an integration following a qualitative approach. (...) Findings Integration of big data in “e-Oman” is fraught with ethical challenges in terms of privacy issues which have social implications. Practical implications While the pros of integration of big data in “e-Oman” are noteworthy, technical and administrative constraints vis-à-vis the cons of such integration need to be taken care of. It may be underlined that there is a trade-off between the norms of transparency and privacy of individuals versus the deployment of big data in “e-Oman” for effective real-time problem-solving. Social implications Technical and administrative infrastructure needs to be robust for countering challenges of cybercrimes. Furthermore, confidentiality and privacy of individuals may be at stake; the government needs to tackle these issues. Originality/value Integration of big data in “e-Oman” needs to be probed, and this paper seeks to fill this gap. Second, the paper underscores that it is important that ethical norms are being accounted for while effecting this integration. (shrink)

Empirical evidence suggests that while people hold the capacity to control their data in high regard, they increasingly experience a loss of control over their data in the online world. The capacity to exert control over the generation and flow of personal information is a fundamental premise to important values such as autonomy, privacy, and trust. In healthcare and clinical research this capacity is generally achieved indirectly, by agreeing to specific conditions of informational exposure. Such conditions can be openly stated (...) in informed consent documents or be implicit in the norms of confidentiality that govern the relationships of patients and healthcare professionals. However, with medicine becoming a data-intense enterprise, informed consent and medical confidentiality, as mechanisms of control, are put under pressure. In this paper we explore emerging models of informational control in data-intense healthcare and clinical research, which can compensate for the limitations of currently available instruments. More specifically, we discuss three approaches that hold promise in increasing individual control: the emergence of data portability rights as means to control data access, new mechanisms of informed consent as tools to control data use, and finally, new participatory governance schemes that allow individuals to control their data through direct involvement in data governance. We conclude by suggesting that, despite the impression that biomedical big data diminish individual control, the synergistic effect of new data management models can in fact improve it. (shrink)

While e-commerce has witnessed extensive growth in recent years, so has consumers' concerns regarding ethical issues surrounding online shopping. The vast majority of earlier research on this area is conceptual in nature, and limited in scope by focusing on consumers' privacy issues. This study develops a reliable and valid scale to measure consumers' perceptions regarding the ethics of online retailers. Findings indicate that the four factors of the scale - security, privacy, non-deception and fulfillment/reliability - are strongly predictive of online (...) consumers' satisfaction and trust. The results offer important implications for e-retailers and are likely to stimulate further research in the area of e-ethics from the consumers' perspective. (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)

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)

The UK Government published various circulars to indicate the importance of respecting the privacy and dignity of NHS patients following the implementation of the Human Rights Act, 1998. This research used an ethnographic method to determine the extent to which health professionals had in fact upheld the philosophy of these documents. Fieldwork using nonparticipant observation, and unstructured and semistructured interviews with patients and staff, took place over six months in three acute care wards in a large district NHS trust hospital. (...) Applying the principles of phenomenology and grounded theory, the data were analysed and the contents organized into 11 key categories, leading to the formulation of a privacy model. The level of intrusion into patients’ privacy by health professionals was measured against the benchmarking of the ‘dignity and privacy’ factors contained in the Department of Health’s The essence of care document and Article 8 of the Human Rights Act. The findings established that patients had little privacy in the wards, and that the terms ‘privacy of the person’ and ‘dignity’ are interrelated. (shrink)

In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (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)

While e-commerce has witnessed extensive growth in recent years, so has consumers’ concerns regarding ethical issues surrounding online shopping. The vast majority of earlier research on this area is conceptual in nature, and limited in scope by focusing on consumers’ privacy issues. This study develops a reliable and valid scale to measure consumers’ perceptions regarding the ethics of online retailers. Findings indicate that the four factors of the scale – security, privacy, non-deception and fulfillment/reliability – are strongly predictive of online (...) consumers’ satisfaction and trust. The results offer important implications for e-retailers and are likely to stimulate further research in the area of e-ethics from the consumers’ perspective. (shrink)

Privacy is defined within a symbolic interaction framework in terms of identity definition and maintenance processes. It is argued that defining privacy within a symbolic interaction framework both generates a number of hypotheses involving the concept of privacy and allows the theorist to draw together several social psychological concepts within the one conceptual schema.

This paper reviews the social scientific literature on biometric surveillance, with particular attention to its potential harms. It maps the harms caused by biometric surveillance, traces their theoretical origins, and brings these harms together in one integrative framework to elucidate their cumulative power. Demonstrating these harms with examples from the United States, the European Union, and Israel, I propose that biometric surveillance be addressed, evaluated and reframed as a new form of control rather than simply another means of inspection. I (...) conclude by delineating three features of biometric technologies—complexity, objectivity, and agency—that demonstrate their social power and draw attention to the importance of studying biometric surveillance. (shrink)

In the literature on social research, adherence to the principle of informed consent is sometimes recommended on the ground that the privacy of those being studied is hereby protected. The principle has it that before becoming part of a study, a competent individual must receive information about its purpose, use, etc., and on this basis freely agree to participate. Joan Sieber motivates the employment of informed consent as a way to safeguard research participants' privacy as follows: "A research experience regarded (...) by some as a delightful opportunity for self-disclosure could constitute an unbearable invasion of privacy for... (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 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)

The general idea developed in this paper from a sociological perspective is that some of the foundational categories on which the debate about privacy, security and technology rests are blurring. This process is a consequence of a blurring of physical and digital worlds. In order to define limits for legitimate use of intrusive digital technologies, one has to refer to binary distinctions such as private versus public, human versus technical, security versus insecurity to draw differences determining limits for the use (...) of surveillance technologies. These distinctions developed in the physical world and are rooted in a cultural understanding of pre-digital culture. Attempts to capture the problems emerging with the implementation of security technologies using legal reasoning encounter a number of problems since law is by definition oriented backwards, adapting new developments to existing traditions, whereas the intrusion of new technologies in the physical world produces changes and creates fundamentally new problems. (shrink)

In this paper, we address the issue of privacy protection in context aware services, through the use of entropy as a means of measuring the capability of locating a user’s whereabouts and identifying personal selections. We present a framework for calculating levels of abstraction in location and personal preferences reporting in queries to a context aware services server. Finally, we propose a methodology for determining the levels of abstraction in location and preferences that should be applied in user data reporting (...) during service provision, according to her personal privacy settings. (shrink)

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)

Issues of privacy and employee health screening rank as two of the most important ethical concerns organizations will face in the next five years. Despite the increasing numbers of social scientists researching personal privacy and the current focus on workplace privacy rights as one of the most dynamic areas of employment law, the concept of privacy remains relatively abstract. Understanding how the courts define privacy and use the expectation of privacy standards is paramount given the strategic importance of the law (...) as a legal socializing agent. This article reports on two federal court decisions involving employer drug and HIV testing whose determinations relied on assumptions about the psychological dimensions of privacy. How the courts define privacy, the outcome of this definition and the ethical ramifications as it affects the employee/employer relationship are discussed. (shrink)

Purpose This study aims to test the attitudes towards and social consequences of Edward Snowden’s revelations in New Zealand, taking into account New Zealand’s socio-cultural and political environment especially as regards privacy and state surveillance. Design/methodology/approach A questionnaire survey of 66 university students and semi-structured follow-up interviews with 18 respondents were conducted, in addition to reviews of the literature on privacy and state surveillance in New Zealand. The outcomes of the survey were statistically analysed and qualitative analyses of the interview (...) results were also performed. Findings Despite a lack of detailed knowledge concerning Snowden’s revelations and a relative lack of knowledge of domestic law enforcement agencies, as well as those devoted to protecting human rights and privacy, the revelations have had a noticeable effect on New Zealand youngsters’ attitudes towards privacy and state surveillance, mainly evidenced in their willingness to emulate Snowden’s actions and in their changed online behaviour, thereby demonstrating a chilling effect. Practical implications The study results suggest younger New Zealanders are aware of and concerned with their privacy and that the government should better publicise the existing mechanisms for protecting human rights and privacy as well as for whistle-blowing by individuals to give effect to the aspirations of younger citizens in particular. Social implications The results of this study, based on a questionnaire survey, indicates that state surveillance and other threats to privacy are issues of concern to younger New Zealanders and that better public education is needed as to the mechanisms that are available for citizens to protect their privacy and human rights. Originality/value This study is the first attempt to investigate the social impact of Snowden’s revelations on New Zealand youngsters’ attitudes toward privacy and state surveillance as part of cross-cultural analyses between eight countries. (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)

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous (...) convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion. (shrink)

In this research we apply the Theory of Planned Behavior (TPB) to study decisions related to information privacy protection. A TPB-based model was proposed to investigate whether organization-based self-esteem and perceived deindividuation can be employed to measure the strength of the perceived behavioral control construct. In addition, we examined if the addition of a causal path linking subjective norms to attitudes and another causal path linking organization-based self-esteem to subjective norms enhanced our research model's predicting power. Our study shows that (...) information systems (IS) professionals' intentions to protect personal information privacy are influenced by their attitudes, subjective norms, perceived deindividuation, and organization-based self-esteem. It further shows that attitudes are influenced by subjective norms, which, in turn, are influenced by organization-based self-esteem. (shrink)

This paper argues that individuals do, in a sense, own or have exclusive claims to control their personal information and body parts. It begins by sketching several arguments that support presumptive claims to informational privacy, turning then to consider cases which illustrate when and how privacy may be overridden by public health concerns.

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Conjoined with the claim that there is a moral right to privacy, each of the major contemporary accounts of privacy implies a duty of ignorance for those against whom the right is held. In this paper I consider and respond to a compelling argument that challenges these accounts (or the claim about a right to privacy) in the light of this implication. A crucial premise of the argument is that we cannot ever be morally obligated to become ignorant of information (...) we currently know. The plausibility of this premise, I suggest, derives from the thought that there are no epistemically ways in which we can cause ourselves to become ignorant of what we already know. Drawing on some recent work in the epistemology and psychology of self-deception and forgetting, I seek to undermine this thought, and thus provide a defense against the challenging argument, by arguing that there are indeed such ways. (shrink)

The American Journal of Bioethics, Volume 12, Issue 9, Page 53-55, September 2012.

The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The laws are scattered and (...) fragmented across the states. Constitutional law is highly general, without important specific safeguards. Finally, a case study is provided showing the important trade-offs that exist between public health and privacy. For a model public health law, see www.critpath.org/msphpa/privacy. (shrink)

Purpose Human genomic research demands very large pools of data to generate meaningful inference. Yet, the sharing of one’s genetic data for research is a voluntary act. The collection of data sufficient to fuel rapid advancement is contingent on individuals’ willingness to share. Privacy risks associated with sharing this unique and intensely personal data are significant. Genetic data are an unambiguous identifier. Public linkage of donor to their genetic data could reveal predisposition to diseases, behaviors, paternity, heredity, intelligence, etc. The (...) purpose of this paper is to understand individuals’ willingness to volunteer their private information in this high-risk/high-reward context. Design/methodology/approach The authors collect survey data from 273 respondents and use structural equation modeling techniques to analyze responses. Findings The authors find statistical support for our theorization. They find that while heightened awareness of the benefits and risks of sharing correlates with increased privacy concerns, the net impact is an increase in intention to share. Social implications The findings suggest that prescriptive awareness might be an effective tool with which policy-makers can gain the sufficient voluntary participation from individuals necessary to drive large-scale medical research. Originality/value This study contributes a theoretically and empirically informed model which demonstrates the impact of awareness and privacy concern on individuals’ willingness to share their genetic data for large-scale HGR. It helps inform a rising class of data sufficiency problems related to large-scale medical research. (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 solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. 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, interpreting the content and justification of privacy rights in light of 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)

The first part of this paper is about the notion of privacy and its grounding in law. It discusses the tension between the right to privacy and the right to receive information. The second part of this paper explores how ICTs challenge and complicate privacy claims and satisfy the right to receive information.