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 to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous (...) and purposive agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen (...) in public, from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that serve a (...) great public good that clearly outweighs minimal intrusions upon privacy are permissible. Justifications of the principle are discussed, including reasons why we should use the principle and not rely solely on a utilitarian balancing test. The principle is applied to uses of aerial photography and heat-detection devices. (shrink)

Social media has invaded our private, professional, and public lives. While corporations continue to portray social media as a celebration of self-expression and freedom, public opinion, by contrast, seems to have decidedly turned against social media. Yet we continue to use it just the same. What is social media, and how should we live with it? Is it the promise of a happier and more interconnected humanity, or a vehicle for toxic self-promotion? In this essay I examine the (...) very structure of social media communications in order to sketch how we should engage with social media. Social media communications are, I argue, a public communication of private content. This allows connections to be made with others in ways that would not otherwise be possible; however, it also submits the private to a status competition, which in turn is linked to mental health challenges. A ‘virtuous’ engagement with social media means being aware of these dynamics, and choosing to subordinate social media to other, more important goods. (shrink)

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the (...) public sphere’s religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)

Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about your health might (...) end up in the hands of researchers on whose good will we depend to avoid abuses of power.2 Most likely, it will end up with data brokers who might sell it to a future employer, or an insurance company, or the government. At worst, your medical data may end up in the hands of criminals eager to commit extortion or identity theft. In addition to data harms related to exposure and discrimination, the collection of sensitive data by powerful corporations risks the creation of data monopolies that can dominate and condition access to health care. -/- This chapter aims to explore the challenge that big data brings to medical privacy. Section I offers a brief overview of the role of privacy in medical settings. I define privacy as having one’s personal information and one’s personal sensorial space (what I call autotopos) unaccessed. Section II discusses how the challenge of big data differs from other risks to medical privacy. Section III is about what can be done to minimise those risks. I argue that the most effective way of protecting people from suffering unfair medical consequences is by having a public universal healthcare system in which coverage is not influenced by personal data (e.g., genetic predisposition, exercise habits, eating habits, etc.). (shrink)

Surveillance plays a crucial role in public health, and for obvious reasons conflicts with individual privacy. This paper argues that the predominant approach to the conflict is problematic, and then offers an alternative. It outlines a Basic Interests Approach to public health measures, and the Unreasonable Exercise Argument, which sets forth conditions under which individuals may justifiably exercise individual privacy claims that conflict with public health goals. The view articulated is compatible with a broad range (...) conceptions of the value of health. (shrink)

If one lives in a city and wants to be by oneself or have a private conversation with someone else, there are two ways to set about it: either one finds a place of solitude, such as one’s bedroom, or one finds a place crowded enough, public enough, that attention to each person dilutes so much so as to resemble a deserted refuge. Often, one can get more privacy in public places than in the most private of (...) spaces. The home is not always the ideal place to find privacy. Neighbours snoop, children ask questions, and family members judge. When the home suffocates privacy, the only escape is to go out, to the coffee shop, the public square. For centuries, city streets have been the true refuges of the solitaries, the overwhelmed, and the underprivileged. -/- Yet time and again we hear people arguing that we do not have any claim to privacy while on the streets because they are part of the so-called public sphere. The main objective of this chapter is to argue that privacy belongs as much in the streets as it does in the home. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel (...) providing rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

Purpose The purpose of this paper is to defend the notion of “trust in technology” against the philosophical view that this concept is misled and unsuitable for ethical evaluation. In contrast, it is shown that “trustworthy technology” addresses a critical societal need in the digital age as it is inclusive of IT-security risks not only from a technical but also from a public layperson perspective. Design/methodology/approach From an interdisciplinary perspective between philosophy andIT-security, the authors discuss a potential instantiation of (...) a “trustworthy information and communication technology ”: a solution for privacy respecting video surveillance. Here, strong data protection measures address grave concerns such as the threat of bulk biometric tracking of citizens. In a logical argument, however, the authors show that this technical notion of “trust” needs to be complemented by interlocking trust relations to justify public trust. Findings Based on this argument, the authors demonstrate that the philosophical position considering “trust in technology” to denote either “reliability” or “interpersonal trust” is too limited as it fails to address critical aspects of IT-security. In a broader, socio-technical sense, however, it is shown that several distinct accounts of trust – technical, interpersonal and institutional – should meaningfully interlock, to address concerns with ICTs. Originality/value This conceptual study demonstrates the potential of “trust in technology” for a more comprehensive evaluation of ICTs within the context of operation. Furthermore, it adds to the discussion of trust in IT-security by highlighting the layperson’s challenge of judging a technology’s trustworthiness. Vice versa, it contributes to Ethics of Technology by highlighting crucial IT-security needs. (shrink)

The first few years of the 21st century were characterised by a progressive loss of privacy. Two phenomena converged to give rise to the data economy: the realisation that data trails from users interacting with technology could be used to develop personalised advertising, and a concern for security that led authorities to use such personal data for the purposes of intelligence and policing. In contrast to the early days of the data economy and internet surveillance, the last few years (...) have witnessed a rising concern for privacy. As bad data practices have come to light, citizens are starting to understand the real cost of using online digital technologies. Two events stamped 2018 as a landmark year for privacy: the Cambridge Analytica scandal, and the implementation of the European Union’s General Data Protection Regulation (GDPR). The former showed the extent to which personal data has been shared without data subjects’ knowledge and consent and many times for unacceptable purposes, such as swaying elections. The latter inaugurated the beginning of robust data protection regulation in the digital age. Getting privacy right is one of the biggest challenges of this new decade of the 21st century. The past year has shown that there is still much work to be done on privacy to tame the darkest aspects of the data economy. As data scandals continue to emerge, questions abound as to how to interpret and enforce regulation, how to design new and better laws, how to complement regulation with better ethics, and how to find technical solutions to data problems. The aim of the research project Data, Privacy, and the Individual is to contribute to a better understanding of the ethics of privacy and of differential privacy. The outcomes of the project are seven research papers on privacy, a survey, and this final report, which summarises each research paper, and goes on to offer a set of reflections and recommendations to implement best practices regarding privacy. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public (...) facts that are not readily accessible, or in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, (...) 13 January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, 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)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy (...) with personhood. Professional relationships are prima facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)

Abstract—The purpose of this study is to highlight and prove the positive impact in which blockchain could have on today’s IoT environment in terms of providing Cybersecurity for not just organizations, but other individuals who share data via the internet. The current IoT environs operates on a centralized cloud based server, meanwhile block chain operates on a decentralized server. The differentiation between the both plays a major role in the level of security they both provide; whereby, decentralized systems are less (...) vulnerable to cyber-attacks and centralized ones are not. In this report, real life illustrations are used to justify the knowledge that the block chain security could serve as a saving grace for internet users. Also, this form of security seems to be the only way to eradicate all forms of insecurity in supply chain and IoT breaches for businesses. An in depth understanding on how the block chain system operates would show why it’s held with such high hopes and how it can be beneficial for a wide range of industries. However, this research also highlights some difficulties that might arise in implementing the block chain system. It also gives ways in which the system can be gradually implemented. Firstly, the government needs to make it mandatory for businesses that deal with national based confidential data to implement block chain in their supply chain system to boost security. Secondly, top company officials like C.E. O’s need to take genuine interest in the block chain technology by investing in its development and making it a part of employee training, which in the long run would benefit the economy and business in return. Thirdly, a merge of more public and private businesses would help push the use of block chain further. Lastly, the government should make the block chain technology easily accessible, making the official permission to implement -easy and cost effective. (shrink)

The dominant approach in privacy theory defines information privacy as some form of control over personal information. In this essay, I argue that the control approach is mistaken, but for different reasons than those offered by its other critics. I claim that information privacy involves the drawing of epistemic boundaries—boundaries between what others should and shouldn’t know about us. While controlling what information others have about us is one strategy we use to draw such boundaries, it is (...) not the only one. We conceal information about ourselves and we reveal it. And since the meaning of information is not self-evident, we also work to shape how others contextualize and interpret the information about us that they have. Information privacy is thus about more than controlling information; it involves the constant work of producing and managing public identities, what I call “social self- authorship.” In the second part of the essay, I argue that thinking about information privacy in terms of social self- authorship helps us see ways that information technology threatens privacy, which the control approach misses. Namely, information technology makes social self- authorship invisible and unnecessary, by making it difficult for us to know when others are forming impressions about us, and by providing them with tools for making assumptions about who we are which obviate the need for our involvement in the process. (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (...) (RALC) theory of privacy. Using an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

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 individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. (...) I also discuss what we need to know before establishing whether privacy empirically promotes or undermines community. (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)

By definition, pain is a sensory and emotional experience that is felt in a particular part of the body. The precise relationship between somatic events at the site where pain is experienced, and central processing giving rise to the mental experience of pain remains the subject of debate, but there is little disagreement in scholarly circles that both aspects of pain are critical to its experience. Recent experimental work, however, suggests a public view that is at odds with this (...) conceptualisation. By demonstrating that the public does not necessarily endorse central tenets of the “mental” view of pain (subjectivity, privacy, and incorrigibility), experimental philosophers have argued that the public holds a more “body-centric” view than most clinicians and scholars. Such a discrepancy would have important implications for how the public interacts with pain science and clinical care. In response, we tested the hypothesis that the public is capable of a more “mind-centric” view of pain. Using a series of vignettes, we demonstrate that in situations which highlight mental aspects of pain the public can, and does, recognize pain as a mental phenomenon. We also demonstrate that the public view is subject to context effects, by showing that the public’s view is modified when situations emphasizing mental and somatic aspects of pain are presented together. (shrink)

The human mind is constituted by inner, subjective, private, first-person conscious experiences that cannot be measured with physical devices or observed from an external, objective, public, third-person perspective. The qualitative, phenomenal nature of conscious experiences also cannot be communicated to others in the form of a message composed of classical bits of information. Because in a classical world everything physical is observable and communicable, it is a daunting task to explain how an empirically unobservable, incommunicable consciousness could have any (...) physical substrates such as neurons composed of biochemical molecules, water, and electrolytes. The challenges encountered by classical physics are exemplified by a number of thought experiments including the inverted qualia argument, the private language argument, the beetle in the box argument and the knowledge argument. These thought experiments, however, do not imply that our consciousness is nonphysical and our introspective conscious testimonies are untrustworthy. The principles of classical physics have been superseded by modern quantum physics, which contains two fundamentally different kinds of physical objects: unobservable quantum state vectors, which define what physically exists, and quantum operators (observables), which define what can physically be observed. Identifying consciousness with the unobservable quantum information contained by quantum physical brain states allows for application of quantum information theorems to resolve possible paradoxes created by the inner privacy of conscious experiences, and explains how the observable brain is constructed by accessible bits of classical information that are bound by Holevo's theorem and extracted from the physically existing quantum brain upon measurement with physical devices. (shrink)

Review of Searching Eyes: Privacy, the State, and Disease Surveillance in America – By Amy L. Fairchild, Ronald Bayer, and James Colgrove.

The critic Cyril Connolly once pointed out that diarists don’t make novelists. He went on to describe the problem for the would-be writer. “Writing for oneself: no public. Writing for others: no privacy” (Cyril Connolly, Journal). This paper addresses Connolly's worry about the public ad private: how can we reconcile the inner and conscious dimension of speech with its outer and public dimension? For if what people mean by their words involves, or consists in, what they (...) have in mind when they speak then how can what someone has in mind — the meaning she attaches to her words — be at the same time publicly accessible to others on the basis of her behaviour? The issue is whether there is a notion of the linguistic meaning of an expression that can do justice to both speakers’ inner experience of comprehension and to what is outwardly available in their public practice. (shrink)

Although anonymity is a central feature of liberal democracies—not only in the secret ballot, but also in campaign funding, publishing political texts, masked protests, and graffiti—it has so far not been conceptually grounded in democratic theory. Rather, it is treated as a self-explanatory concept related to privacy. To overcome this omission, this article develops a complex understanding of anonymity in the context of democratic theory. Drawing upon the diverse literature on anonymity in political participation, it explains anonymity as a (...) highly context-dependent identity performance expressing private sentiments in the public sphere. The contradictory character of its core elements—identity negation and identity creation—results in three sets of contradictory freedoms. Anonymity affords (a) inclusion and exclusion, (b) subversion and submission, and (c) honesty and deception. This contradictory character of anonymity's affordances illustrates the ambiguous role of anonymity in democracy. (shrink)

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical about Big Data research seriously and how to communicate messages designed to build trust in specific big data projects and the institution of science in general. This chapter explores the implications of various examples of engaging the public in online activities such as Wikipedia (...) that contrast with “Notice and Consent” forms and offers models for scientists to consider when approaching their potential subjects in research. Drawing from Lessig, Code and Other Laws of Cyberspace, the chapter suggests that four main regulators drive the shape of online activity: Code (or Architecture), Laws, Markets, and Norms. Specifically, scientists should adopt best practices in protecting computerized Big Data (Code), remain completely transparent about their data management practices (Law), make smart choices when deploying digital solutions that place a premium on information protection (Market), and, critically, portray themselves to the public as seriously concerned with protecting the privacy of persons and security of data (Norms). The community of Big Data users and collectors should remember that such data are not just “out there” somewhere but are the intimate details of the lives of real persons who have just as deep an interest in protecting their privacy as they do in the good work that is conducted with such data. (shrink)

In this article, I summarise the ontological theory of informational privacy (an approach based on information ethics) and then discuss four types of interesting challenges confronting any theory of informational privacy: (1) parochial ontologies and non-Western approaches to informational privacy; (2) individualism and the anthropology of informational privacy; (3) the scope and limits of informational privacy; and (4) public, passive and active informational privacy. I argue that the ontological theory of informational privacy (...) can cope with such challenges fairly successfully. In the conclusion, I discuss some of the work that lies ahead. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the (...) opportunities created by such resources also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)

Since the human genome was decoded, great emphasis has been placed on the unique, personal nature of the genome, along with the benefits that personalized medicine can bring to individuals and the importance of safeguarding genetic privacy. As a result, an equally important aspect of the human genome – its common nature – has been underappreciated and underrepresented in the ethics literature and policy dialogue surrounding genetics and genomics. This article will argue that, just as the personal nature of (...) the genome has been used to reinforce individual rights and justify important privacy protections, so too the common nature of the genome can be employed to support protections of the genome at a population level and policies designed to promote the public's wellbeing. In order for public health officials to have the authority to develop genetics policies for the sake of the public good, the genome must have not only a common, but also a public, dimension. This article contends that DNA carries a public dimension through the use of two conceptual frameworks: the common heritage framework and the common resource framework. Both frameworks establish a public interest in the human genome, but the CH framework can be used to justify policies aimed at preserving and protecting the genome, while the CR framework can be employed to justify policies for utilizing the genome for the public benefit. A variety of possible policy implications are discussed, with special attention paid to the use of large-scale genomics databases for public health research. (shrink)

This article examines how facial recognition technology reshapes the philosophical debate over the ethics of video surveillance. When video surveillance is augmented with facial recognition, the data collected is no longer anonymous, and the data can be aggregated to produce detailed psychological profiles. I argue that – as this non-anonymous data of people’s mundane activities is collected – unjust risks of harm are imposed upon individuals. In addition, this technology can be used to catalogue all who publicly participate in political, (...) religious, and socially stigmatised activities, and I argue that this would undermine central interests of liberal democracies. I examine the degree to which the interests of individuals and the societal interests of liberal democracies to maintain people’s obscurity while in public coincide with privacy interests, as popularly understood, and conclude that there is a practical need to articulate a novel right to obscurity to protect the interests of liberal democratic societies. (shrink)

With the 21st century, we are witnessing the mass spread of the communication technologies and social media revolution. Interactive networks built on a global scale have led to the formation of a virtual world of reality that is connecting the whole world. With the global spread of communication networks, the question of whether social media points to a new public sphere has been raised. Social media applications such as Facebook, Twitter and Instagram are nowadays seen as a place where (...) political campaigns are carried out, causing the destruction of authoritarian regimes, organizing global protests and innovation culture, and discussing political, social and cultural changes. What gives social media a similar quality to the agora of Ancient Greek city-states is the characteristic of been a place where citizens come together and talk about issues that are considered to be public, eventhough in a virtual reality. This work, following the Arendtian sense, discusses whether social media really is a place where public issues are discussed, common ideas are produced and transparency prevails. In her work "The Human Condition", Arendt makes a fundamental distinction between private and public sphere based on human activities. By conceiving the activities that she describes as labour and work in relation to the private sphere, Arendt tackles the activity of action through linking it to public sphere. Arendt defines the public sphere as a sphere of freedom and a political sphere. The public sphere consists of equal people without hierarchy, who come together with their completely free will. According to Arendt, the condition for the public sphere to be possible is transparency and commonality. Firstly; it has a wide transparency in the sense that something have to be seen and heard by others, and the second is that it points to a common world that belongs to everyone, except for the part that is privately owned. Considering the public sphere in relation to the transparency not a direct transfer of things that happen in the private or intimate sphere. It is precisely related to the fact that something pertaining to the private exhibits a presence within the world of public and the fact that the private acquires a public chatacter. This does not mean that the public sphere is a sphere in which the private and intimate are directly transferred. According to Arendt, leading a private life as a whole will lead to the lack of what is necessary to be a true person. It also leads to the lack of a common world that unites and separates them. Arendt thinks that with the modern period, what belongs to the purely private and intimate sphere expands and causes the collapse of the public. The collapse of the public sphere in the modern period; It has caused both the loss of difference and interaction and the emergence of individuals who are increasingly alike, unable to think and act. In this kind of society, action has left its place to behavior, difference to standartization and thought to obedience. Arendt sees the public sphere as a sphere where public affairs are discussed, while the private sphere is a sphere where intimate and private activities take place. Arendt argues that with modern society the distinction between public and private has became indistinct , and as a third sphere, the social sphere has swallowed up both the public and the private. The social sphere has removed the distinction between the public transparency and commonality of the public and the privacy of the private sphere and activities. This study considers social media as a sphere where public issues are discussed. It also dıscusses the private sphere events and the most intimate issues. It claims that social media is not a new public sphere as it is cosidered, but it is a social sphere in which the distinction between private and public in the Arendtian sense is become indistinct. In this context, the study seeks to answer the following questions: How does the distinction between public and private spheres, which is central in Arendt's thought, look like in today’s world? Is it possible to talk about a public sphere in the modern age? Can social media be considered as a public sphere? Or is social media a sphere of freedom and a political sphere? Does social media allow discussions on public issues? Is social media a non-hierarchical nature open to the free participation of everyone, difference and plurality? (shrink)

In this paper, I defend what I call the ‘Inference Principle’. This principle holds that if an agent obtains some information legitimately, then the agent can make any inference she wants based on the information, without violating anyone’s right to privacy. This principle is interesting for at least three reasons. First, it constitutes a novel answer to the timely question of whether the widespread use of ‘data analytics’ to infer personal information about individuals is morally permissible. Second, it contradicts (...) what seems to be a common view of inferences’ ability to violate privacy rights. Third, it offers an account of the theoretically underdeveloped issue of what duties are engendered by the moral right to privacy with regard to inferred information. (shrink)

Some of the challenges in Sanders et al. (this issue) can be aptly illustrated by means of charity nudges, that is, nudges designed to increase charitable donations. These nudges raise many ethical questions. First, Oxfam’s triptychs with suggested donations are designed to increase giving. If successful, do our actions match ex ante or ex post preferences? Does this make a difference to the autonomy of the donor? Second, the Behavioural Insights Team conducted experiments using social networks to nudge people to (...) give more. Do these appeals steer clear of exploiting power relations? Do they respect boundaries of privacy? Third, in an online campaign by Kiva, donors are asked to contribute directly to personalized initiatives. In many cases, the initiative has already been funded and donor money is funnelled to a new cause. Is such a “pre-disbursal” arrangement truthful and true to purpose as a social business model? (shrink)

The fact that Internet companies may record our personal data and track our online behavior for commercial or political purpose has emphasized aspects related to online privacy. This has also led to the development of search engines that promise no tracking and privacy. Search engines also have a major role in spreading low-quality health information such as that of anti-vaccine websites. This study investigates the relationship between search engines’ approach to privacy and the scientific quality of the (...) information they return. We analyzed the first 30 webpages returned searching “vaccines autism” in English, Spanish, Italian, and French. The results show that not only “alternative” search engines but also other commercial engines often return more anti-vaccine pages (10–53%) than Google (0%). Some localized versions of Google, however, returned more anti-vaccine webpages (up to 10%) than Google. Health information returned by search engines has an impact on public health and, specifically, in the acceptance of vaccines. The issue of information quality when seeking information for making health-related decisions also impact the ethical aspect represented by the right to an informed consent. Our study suggests that designing a search engine that is privacy savvy and avoids issues with filter bubbles that can result from user-tracking is necessary but insufficient; instead, mechanisms should be developed to test search engines from the perspective of information quality (particularly for health-related webpages) before they can be deemed trustworthy providers of public health information. (shrink)

The background to this paper is that in our world of massively increasing personal digital data any control over the data about me seems illusionary – informational privacy seems a lost cause. On the other hand, the production of this digital data seems a necessary component of our present life in the industrialized world. A framework for a resolution of this apparent dilemma is provided if by the distinction between (meaningless) data and (meaningful) information. I argue that computational data (...) processing is necessary for many present-day processes and not a breach of privacy, while collection and processing of private information is often not necessary and a breach of privacy. The problem and the sketch of its solution are illustrated in a case-study: supermarket customer cards. (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)

Presently philosophers, social theorists, educationists and legal scholars are busy with issues of contemporary importance such as affirmative actions, animal’s rights, capital punishment, cloning, euthanasia, immigration, pornography, privacy in civil society, values in nature, human rights, cultural values and world hunger etc. Since ancient time ethics is one of the most important part of philosophical speculations and human development. The development of morality comes under three stages viz. intrinsic morality, customary morality and reflective morality. Intrinsic morality has traditionally been (...) thought to lie at the heart of ethics and this is the first stage of morality where the objective is to be moral is to lead one’s life according its basic needs. Customary morality is the second stage of morality, where customs of a particular group and tribe rule the life of the man living in this group and morals based on the customs and traditions of society. Members of the group are motivated to sacrifice their lives to save the culture and norms of the particular group or tribe. In the last reflective morality, man started thinking himself and started to do reflection on their life and contributed to the development of the nation or society where he/she lives. Here he/she is independent to think and follow the best for his life. Reflective morals are those that are based on what you believe to be right and not others. The ideas related to the development of art, values, human rights and quality education etc., all are because of man’s reflection. Reflective morality is the best stage of development of morality in human society. In this paper an attempt is made to draw an outline of development of morality in human life and its application of morality in public and personal life. (shrink)

In “Risk Based Passenger Screening in Aviation Security: Implications and Variants of a New Paradigm”, Sebastian Weydner-Volkmann describes the current paradigm shift from ‘traditional’ forms of screening to ‘risk based passenger screening’ (RBS) in aviation security. This paradigm shift is put in the context of the wider historical development of risk management approaches. Through a discussion of Michel Foucault, Herfried Münkler and Ulrich Beck, Weydner-Volkmann analyses the shortcomings of such approaches in public security policies, which become especially evident in (...) the aviation security context. As he shows, the turn towards methods of RBS can be seen as an attempt to address a trade-off ‘trilemma’ between the effective provision of security, the implied costs for industry and passengers, and the ethical, legal and societal implications of the screening procedures. In order to analyse foreseeable outcomes of embracing RBS, he differentiates three prototypical variants of the new paradigm on the basis of their main referent and rationale. For each variant, he then subsequently assesses the implications for the ‘trilemma’, after having unveiled the criteria of analysis that will necessarily have to be followed within a serious appraisal of RBS methods. (shrink)

In Québec, the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information provides an exception to transparency to most public institutions where public health research is conducted by allowing them to not disclose their uses of personal data. This exceptionalism is ethically problematic due to important concerns and we argue that all those who conduct research should be transparent and accountable for the work they do in the public interest.

Public health scholars and public health officials increasingly worry about health-related misinformation online, and they are searching for ways to mitigate it. Some have suggested that the tools of digital influence are themselves a possible answer: we can use targeted, automated digital messaging to counter health-related misinformation and promote accurate information. In this commentary, I raise a number of ethical questions prompted by such proposals—and familiar from the ethics of influence and ethics of AI—highlighting hidden costs of targeted (...) digital messaging that ought to be weighed against the health benefits they promise. (shrink)

“Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium (...) is students and faculty in higher education institutions (HEIs), and the subject of this paper is data analytics in our own backyards. Higher education learning analytics (LA) is something that most of us involved in this symposium are familiar with. Students have encountered LA in their courses, in their interactions with their law school or with their undergraduate institutions, instructors use systems that collect information about their students, and administrators use information to help understand and steer their institutions. More importantly, though, data analytics in higher education is something that those of us participating in the symposium can actually control. Students can put pressure on administrators, and faculty often participate in university governance. Moreover, the systems in place in HEIs are more easily comprehensible to many of us because we work with them on a day-to-day basis. Students use systems as part of their course work, in their residences, in their libraries, and elsewhere. Faculty deploy course management systems (CMS) such as Desire2Learn, Moodle, Blackboard, and Canvas to structure their courses, and administrators use information gleaned from analytics systems to make operational decisions. If we (the participants in the symposium) indeed care about Individual and Informational Privacy in the Age of Big Data, the topic of this paper is a pretty good place to hone our thinking and put into practice our ideas. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

What does Artificial Intelligence (AI) have to contribute to health care? And what should we be looking out for if we are worried about its risks? In this paper we offer a survey, and initial evaluation, of hopes and fears about the applications of artificial intelligence in medicine. AI clearly has enormous potential as a research tool, in genomics and public health especially, as well as a diagnostic aid. It’s also highly likely to impact on the organisational and business (...) practices of healthcare systems in ways that are perhaps under-appreciated. Enthusiasts for AI have held out the prospect that it will free physicians up to spend more time attending to what really matters to them and their patients. We will argue that this claim depends upon implausible assumptions about the institutional and economic imperatives operating in contemporary healthcare settings. We will also highlight important concerns about privacy, surveillance, and bias in big data, as well as the risks of over trust in machines, the challenges of transparency, the deskilling of healthcare practitioners, the way AI reframes healthcare, and the implications of AI for the distribution of power in healthcare institutions. We will suggest that two questions, in particular, are deserving of further attention from philosophers and bioethicists. What does care look like when one is dealing with data as much as people? And, what weight should we give to the advice of machines in our own deliberations about medical decisions? (shrink)

Abstract- Administrative corruption has a long history in Pakistan which affected each public institution since its inception. Good governance in Pakistan never took a sigh due to Bribery in public sector and versatile Miraculous of Corruption in Public Administration. Administrative corruption possesses a multidimensional and complex phenomenon that has been created by numerous factors to affect at a wide range and each segment of society to be exhibited in a diversity of roles and traits. This study is (...) considering significance of the subject and discovers the respondents’ response and identifies the causes and consequence of this dilemma. The current research attempts to measure the administrative corruption in education sector in Sindh and it also encompasses the implications on education professionals’ performance and their profession. For data analysis, sampling was derived from teaching, and non-teaching staff in education sector to construct open ended questionnaires and respondents’ privacy was ensured to fill the survey items. For data collection, 203 respondents feedback was secured and analysis was carried out by means of SPSS. The self-constructed questionnaires were used and the findings of the study support the administrative corruption in education sector was faced by respondents in the form of agent and non-agent based corruption in the treasury and concerned offices in the education department. In this way, agent based corruption and non-agent based corruption maintain positive and significant relation with Administrative Corruption. Moreover, prevailing study also encircles implications and recommendation, limitations, and future direction. Keywords: Administrative Corruption, Education Sector, Administrative System, Bribery. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national (...) and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

E-Government refers to the administration of Information and Communication Technologies (ICT) to the procedures and functions of the government with the objective of enhancing the transparency, efficiency and participation of the citizens. E-Government is tough systems that require distribution, protection of privacy and security and collapse of these could result in social and economic costs on a large scale. Many of the available e-government systems like electronic identity system of management (eIDs), websites are established at duplicated databases and servers. (...) An established validation and management system could face a single failure point and the system is prone to Distributed Denial of Service Attacks (DDoS), denial of service attacks (DoS), malware and other cyber attacks. The execution of a privacy preserving and a secure decentralized system is enabled by the block chain technology. Here any third-party organizations do not have any control over the transactions of the Government. With the help of block chain technology, new and existing data are encapsulated within ledger or blocks, which are evenly distributed through the network in an enduring and sustainable way. The privacy and security of information are improved with the help of block chain technology, where distribution and encryption of data are performed through the total network. This analytical paper maps out the analysis of the security in the e-government system, utilizing the block chain technology that provides privacy and security of information and thereby enhancing the trust among the public sector. Qualitative and theoretical analysis is made for the proposed topic and implications of privacy and security of the proposed system is made. (shrink)