The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is (...) the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is (...) the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

Privacy concerns involving data mining are examined in terms of four questions: What exactly is data mining? How does data mining raise concerns for personal privacy? How do privacy concerns raised by data mining differ from those concerns introduced by traditional information-retrieval techniques in computer databases? How do privacy concerns raised by mining personal data from the Internet differ from those concerns introduced by mining such data from data warehouses? It is argued that the practice of using data-mining techniques, whether (...) on the Internet or in data warehouses, to gain information about persons raises privacy concerns that go beyond concerns introduced in traditional information-retrieval techniques in computer databases and are not covered by present data-protection guidelines and privacy laws. (shrink)

In this work, the author has fashioned out of the logical and linguistic theses of his earlier books a full-scale but readily intelligible account of moral argument.

Computer and information ethics, as well as other fields of applied ethics, need ethical theories which coherently unify deontological and consequentialist aspects of ethical analysis. The proposed theory of just consequentialism emphasizes consequences of policies within the constraints of justice. This makes just consequentialism a practical and theoretically sound approach to ethical problems of computer and information ethics.

Computing plays an important role in genetics (and vice versa).Theoretically, computing provides a conceptual model for thefunction and malfunction of our genetic machinery. Practically,contemporary computers and robots equipped with advancedalgorithms make the revelation of the complete human genomeimminent – computers are about to reveal our genetic soulsfor the first time. Ethically, computers help protect privacyby restricting access in sophisticated ways to genetic information.But the inexorable fact that computers will increasingly collect,analyze, and disseminate abundant amounts of genetic informationmade available through the (...) genetic revolution, not to mentionthat inexpensive computing devices will make genetic informationgathering easier, underscores the need for strong and immediateprivacy legislation. (shrink)

This article defends a new model of personal privacy. Privacy should be understood as demarcating culturally defined aspects of an individual's life in which he or she is granted immunity from the judgment of others. Such an analysis is preferable to either of the two favorite models of privacy in the current literature. The judgment of others model preserves all of the insights of the liberty and information models of privacy, But avoids the obvious problems and counterexamples. In addition, This (...) model allows us to better see the normative importance of privacy. A final section discusses the notion of sexual privacy in connection to the proposed model. (shrink)

An alleged moral right to informational privacy assumes that we should have control over information about ourselves. What is the philosophical justification for this control? I think that one prevalent answer to this question—an answer that has to do with the justification of negative rights generally—will not do.

Individuals care about and guard their privacy intensely in many areas. With respect to patient medical records, people are exceedingly concerned about privacy protection, because they recognize that health care generates the most sensitive sorts of personal information. In an age of advancing technology, with the switch from paper medical files to massive computer databases, privacy protection for medical information poses a dramatic challenge. Given high-speed computers and Internet capabilities, as well as other advanced communications technologies, the potential for abuse (...) is much greater than ever before. At every stage in the process of collection and storage, dangers can arise, including entry errors, improper access, exploitation, and unauthorized disclosure. Secondary use and aggregation of data are all far easier, faster, and less expensive, and thus pose additional threats to an individual's control over the disposition of medical information. (shrink)

The article undertakes to develop a theory of privacy considered as a fundamental moral right. The authors remind that the conception of the right to privacy is silent on the prospect of protecting informational privacy on consequentialist grounds. However, laws that prevent efficient marketing practices, speedy medical attention, equitable distribution of social resources, and criminal activity could all be justified by appeal to informational privacy as a fundamental right. Finally, the authors show that in the specter of terrorism, privacy can (...) be conceived as a fundamental moral right, one that is completely consistent with the willingness to submit for surveillance of private lives. (shrink)

Bodily privacy, understood as a right to control access to one’s body, capacities, and powers, is one of our most cherished rights − a right enshrined in law and notions of common morality. Informational privacy, on the other hand, has yet to attain such a loftily status. As rational project pursuers, who operate and flourish in a world of material objects it is our ability control patterns of association and disassociation with our fellows that afford each of us the room (...) to become distinct individuals. Privacy, whether physical or informational, is valuable for beings like us. Establishing the truth this claim will be the primary focus of this article. Providing reasons, evidence, and support for this claim will take us into the historical and cultural dimensions of privacy. (shrink)

This book is a major contribution to the study of the philosophy of action, moral philosophy, and political philosophy. Its central idea is a radically unorthodox theory of rational action. Most contemporary Anglo-American philosophers believe that action is motivated by desire. Professor Benn rejects the doctrine and replaces it with a reformulation of Kant's ethical and political theory, in which rational action can be determined simply by principles, regardless of consequences. The book analyzes the way in which value conflicts can (...) be rationally resolved, the objectivity of value, the concept of moral personality, the principles of non-interference and respect of persons, the ideals of autonomy and community and various aspects of individual rights - focusing on the rights to freedom, welfare, and privacy. (shrink)