The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (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)

"Toward a Feminist Theory of the State" presents Catharine MacKinnon's powerful analysis of politics, sexuality, and the law from the perspective of women.

Anonymity is a form of nonidentifiability which I define as noncoordinatability of traits in a given respect. This definition broadens the concept, freeing it from its primary association with naming. I analyze different ways anonymity can be realized. I also discuss some ethical issues, such as privacy, accountability and other values which anonymity may serve or undermine. My theory can also conceptualize anonymity in information systems where, for example, privacy and accountability are at issue.

This chapter focuses on big data analytics and, in this context, investigates the opportunity to consider informational privacy and data protection as collective rights. From this perspective, privacy and data protection are not interpreted as referring to a given individual, but as common to the individuals that are grouped into various categories by data gatherers.The peculiar nature of the groups generated by big data analytics requires an approach that cannot be exclusively based on individual rights. The new scale of data (...) collection entails the recognition of a new layer, represented by groups’ need for the safeguard of their collective privacy and data protection rights.This dimension requires a specific regulatory framework, which should be mainly focused on the legal representation of these collective interests, on the provision of a mandatory multiple-impact assessment of the use of big data analytics and on the role played by data protection authorities. (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)

Mature information societies are characterised by mass production of data that provide insight into human behaviour. Analytics has arisen as a practice to make sense of the data trails generated through interactions with networked devices, platforms and organisations. Persistent knowledge describing the behaviours and characteristics of people can be constructed over time, linking individuals into groups or classes of interest to the platform. Analytics allows for a new type of algorithmically assembled group to be formed that does not necessarily align (...) with classes or attributes already protected by privacy and anti-discrimination law or addressed in fairness- and discrimination-aware analytics. Individuals are linked according to offline identifiers and shared behavioural identity tokens, allowing for predictions and decisions to be taken at a group rather than individual level. This article examines the ethical significance of such ad hoc groups in analytics and argues that the privacy interests of algorithmically assembled groups in inviolate personality must be recognised alongside individual privacy rights. Algorithmically grouped individuals have a collective interest in the creation of information about the group, and actions taken on its behalf. Group privacy is proposed as a third interest to balance alongside individual privacy and social, commercial and epistemic benefits when assessing the ethical acceptability of analytics platforms. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The prevailing paradigm in Internet privacy literature, treating privacy within a context merely of rights and violations, is inadequate for studying the Internet as a social realm. Following Goffman on self-presentation and Altman's theorizing of privacy as an optimization between competing pressures for disclosure and withdrawal, the author investigates the mechanisms used by a sample (n = 704) of college students, the vast majority users of Facebook and Myspace, to negotiate boundaries between public and private. Findings show little to no (...) relationship between online privacy concerns and information disclosure on online social network sites. Students manage unwanted audience concerns by adjusting profile visibility and using nicknames but not by restricting the information within the profile. Mechanisms analogous to boundary regulation in physical space, such as walls, locks, and doors, are favored; little adaptation is made to the Internet's key features of persistence, searchability, and cross-indexability. The author also finds significant racial and gender differences. (shrink)

We will analyze the concept of anonymity, along with cognate notions, and their relation to privacy, with a view to developing an understanding of how we control our identity in public and why such control is important in developing and maintaining our social selves. We will take anonymity to be representative of a suite of techniques of nonidentifiability that persons use to manage and protect their privacy. At the core of these techniques is the aim of being untrackable; this means (...) that others lack the information they would need either to intrude physically upon me or to discover some private facts about me. Anonymity often enough goes together with privacy, but not always. Consider a person walking down a foreign street. It is not a physically private situation but no one there knows who you are. On the other hand, when I cast a postal vote, this act is both private and anonymous. Privacy and anonymity seem to go together because of the way each protects something importantly personal, but their coming apart suggests a difference both in what they mean and in our purposes for securing them. A lot has been written about privacy, and deservedly so; there is reason to think anonymity, and its cognates, important as well. (shrink)