Social Dimensions Of Privacy: Interdisciplinary Perspectives

Cover
Half-title
Title page
Copyright information
Table of contents
List of contributors
Acknowledgements
List of abbreviations
Table of cases
Table of statutes
Introduction
References
Part I The social dimensions of privacy
1 Privacy: the longue durée
Introduction
Social control
Social and political conditions of mass surveillance
Mass surveillance in the long durée
Everything that rises must converge
Conclusion: which long durée?
References
2 Coming to terms: the kaleidoscope of privacy and surveillance
Related but distinct: surveillance and privacy, privacy and publicity
Privacy and publicity
What is surveillance?
The multiplicity of surveillance goals
Contexts, goals and conflicts
Neither dark nor light
Goal and value conflicts
References
3 Privacy and the common good: revisited
A more complex society?
Early thinking on social value of privacy
Rethinking the social value of privacy
Common value
Public value
Collective value
Conclusion
References
4 The meaning and value of privacy
Do people expect privacy anymore?
Rethinking the concept of privacy
The social value of privacy
Clearing away the confusion
References
Part II Privacy: practical controversies
5 The feminist critique of privacy: past arguments and new social understandings
Introduction
The public/private distinction and the feminist critique
Social understandings of privacy
Conclusion
References
6 Privacy in the family
Introduction
Privacy: its meaning and value
Privacy and surveillance in the family
Two-way sharing, probable cause, and Allen’s case for justified parental paternalism
Conclusion
References
7 How to do things with personal big biodata
A call for rethinking genomic privacy
Rationales for the special status of genomic data
Rationales based on information content
Rationales based on naturalistic connotations
Rationales based on the role of genomic data as unique identifier
Big biological data as a substrate for social classification
Genomic privacy and the right to self-determination
References
8 Should personal data be a tradable good? On the moral limits of markets in privacy
Privacy, personal data and the neutrality of the market
Three problems with markets in everything
Commodification, identity and agency
Markets discriminate and are unfair
Different forms of social action: system and lifeworld
Quantified relations and quantified selves
References
9 Privacy, democracy and freedom of expression
Defining and describing privacy
Democracy
Freedom or liberty, equality and rights
Democracy and methodology
Oliver Sipple and the ethics of ‘outing’
The Estlund challenge
Generalizing from the Sipple case: privacy and the ethics of publication
Privacy, freedom of expression and the press
Conclusion
References
10 How much privacy for public officials?
Privacy in politics – I
Public justification
Privacy in politics – II
What is private in liberal politics?
Beyond the fixed core of liberal privacy
How much privacy for public officials?
Compartmentalized lives
Preventive screening?
Public scandals and blackmail
The normative status of privacy
References
11 Privacy, surveillance, and the democratic potential of the social Web
The early Web and its limitations
Web 2.0 and networked publics
Web “3.0” and political deliberation
Privacy boundaries and the social Web
What lies outside the bounds of boundary concepts?
Intersubjectivity and privacy theory
Intersubjective privacy on the social Web
Conclusion: deliberative democratic theory and the social value of privacy
References
Part III Issues in privacy regulation
12 The social value of privacy, the value of privacy to society and human rights discourse
The value of privacy to society
To what extent are these societal values recognized in the jurisprudence of the European Court of Human Rights?
The Court’s general principles
The Court’s application of the principles
Surveillance
Media privacy
The scope for development
Conclusion
References
13 Privacy, sociality and the failure of regulation: lessons learned from young Canadians’ online experiences
Young Canadians’ experiences – privacy, performativity and social connection
Revisiting the regulatory framework
Conclusion
References
14 Compliance-limited health privacy laws
A physician to thousands who did not comply
Surrendering physical privacy to receive care
Confidentiality and cameras
Contexts of noncompliance
Pornography and assault
Expedience
Friendships and family
Race, class and intersections
Compliance-limited rules threaten public health
Conclusion
References
15 Respect for context as a benchmark for privacy online: what it is and isn’t
Introduction
White House Report and respect for context
Meanings of context
Context as technology system or platform
Context as business model or business practice
Context as sector or industry
Context as social domain
A detour: theory of contextual integrity
Contextual integrity: ethics and policy
Respect for context and the Consumer Internet Privacy Bill Of Rights
A question of interpretation
Summary of argument
Conclusion: implications for practice
Acknowledgments
References
16 Privacy, technology, and regulation: why one size is unlikely to fit all
Introduction
Privacy and technology: the link in public debates
New challenges
What drives these developments?
Securitization
Convenience
Professed and revealed preferences: a conflict – or not?
The social context of privacy regulation
Conclusion
References
17 The value of privacy federalism
Introduction
US privacy federalism
Privacy federalism in a sectoral system
The continuing lack of omnibus legislation
Conflict preemption in sectoral laws: floors not ceilings
Different institutional actors
The value of privacy federalism in a sectoral system
EU privacy federalism
The Data Protection Directive and changes in the EU
The road ahead: the proposed Data Protection Regulation
The EU’s turn away from privacy federalism
Conclusion
References
Index