Navigating the Dataverse: Privacy, Technology ... - The ICHRP

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much support or justification for curbing it. Instead, the section suggests that our sense of identity, of self, may be stressed under conditions of constant data transmission. A number of related comments seem appropriate at this point. First, technoculture draws the individual (the private subject) into the “sea of information” and allows that individual to become known as a data subject. Second, the same individual is also always a subject of information collection by others; indeed the two processes are often the same. Third, individuals exercise little or no control over the technological processes that channel and frame information about themselves in the dataverse, and they exercise little control over access to that information. Fourth, expectations of control are in any case misleading: the data generated by individuals and that circulate about them are both prone to misrepresentation. An individual’s anxiety might then be understood as responses to: ▪ ▪ the drive to be recognized and the impossibility of controlling this process; fear or certainty of being misrecognized and objectified. 24 Navigating the Dataverse: Privacy, Technology, Human Rights
III. Security and Surveillance Having laid some parameters regarding the notions of privacy and technology, the Discussion Paper now turns to the paradigmatic domain in which privacy is perceived as threatened by data-collecting technologies: surveillance. Typically, surveillance and privacy are presented as opposed, but it is also the case that each presupposes the other. Might privacy require surveillance and vice versa? What if the right to privacy depends upon the existence of surveillance and an acknowledgement that some of it, at least, is legitimate? The question then would be: how much and what kinds of surveillance are illegitimate? Privacy has become our default path into this set of questions, but it is not the only one. The present section will set aside the “right to privacy” for the moment; we will pick it up again in Chapter 5. Here, after looking at the issue of privacy and surveillance, we will examine the rise in public and private surveillance, drawing on Michel Foucault’s 1978 lectures on “security, territory, population”. We will then turn to one aspect of identity formation in the context of contemporary surveillance to illustrate the shaping pressure that insistent tracking may be expected to exert on the “private” person. Typically, surveillance and privacy are presented as opposed – but it is also the case that each presupposes the other. Might privacy require surveillance and vice versa? Privacy and Surveillance Privacy, or certain contemporary conceptions of it, has a symbiotic relationship with surveillance. The best known account of the “history of private life”, the five volumes edited by Philippe Ariès and Georges Duby, tracks privacy in relation to expanding personal spaces: the surveillance of family and neighbourhood recedes and, with it, pressure for social conformity. 67 Living and working spaces were reorganized with industrialization: fewer people shared bedding and housing space, working and living spaces became segregated and individuals carved out private spaces for themselves. Freed from the watchful eyes of parents, relatives and neighbours, the free labourer lived increasingly among, though apart from, peers with mixed and diverging standards. Privacy emerges, on this account, as a consequence or effect of reduced surveillance. Living and working spaces were reorganized with industrialization: fewer people shared bedding and housing space, working and living spaces became segregated and individuals carved out private spaces for themselves. As traditional norm-enforcement receded, a problem of trust arose. Stephen Nock captures this well in The Costs of Privacy: [H]istorically, increasing numbers of strangers produced greater and more pervasive personal privacy. Modern Americans enjoy vastly more privacy than did their forebears because ever and ever larger number of strangers in our lives are legitimately denied access to our personal affairs. Changes in familial living arrangements are largely responsible for these trends. Privacy, however, makes it more difficult to form reliable opinions of one 67 Ariès and Duby (1991), 9–49. Navigating the Dataverse: Privacy, Technology, Human Rights 25
Page 1 and 2: Navigating the Dataverse Privacy, T
Page 3 and 4: Navigating the Dataverse: Privacy,
Page 5 and 6: Navigating the Dataverse: Privacy,
Page 7 and 8: Contents Acknowledgements Executive
Page 9: Acknowledgements This Discussion Pa
Page 12 and 13: As to the first, the Discussion Pap
Page 14 and 15: contesting profiles so long as cert
Page 16 and 17: ▪ Human rights organisations can
Page 18 and 19: gathering technologies as illustrat
Page 20 and 21: information is extensively gathered
Page 22 and 23: themselves were reproduced in onlin
Page 25 and 26: I. A Short History of Privacy Altho
Page 27 and 28: property. 20 This establishes the l
Page 29 and 30: Privacy must be viewed as an ideal
Page 31 and 32: During the 1980s, partly as a resul
Page 33 and 34: e removed merely by an effort of cl
Page 35 and 36: II. The Privacy-Technology Dynamic
Page 37 and 38: dataverse. Not only are there many
Page 39 and 40: internet, when it arrived shortly t
Page 41: simply are not - they don’t exist
Page 45 and 46: When we talk about state surveillan
Page 47 and 48: stimulation of economic activity. S
Page 49 and 50: Digital Personhood How should we th
Page 51 and 52: Identity is therefore unitary and a
Page 53 and 54: IV. Privacy across Borders: Persona
Page 55 and 56: Where research on communications an
Page 57 and 58: The Expanding Dataverse Biometric I
Page 59 and 60: peoples of most countries, enormous
Page 61 and 62: Such protections do not shield indi
Page 63 and 64: V. Law, Privacy, Profiling This Dis
Page 65 and 66: Griswold set the pattern for one br
Page 67 and 68: terrorist”. 144 In Posner’s vie
Page 69 and 70: ut it has not so far accepted that
Page 71 and 72: 2. The Court turned to the practice
Page 73 and 74: normative statements on the substan
Page 75 and 76: individual may have multiple profil
Page 77 and 78: Let’s take another example: “ri
Page 79 and 80: VI. Boundaries and Borders We have
Page 81 and 82: process” to empirical research in
Page 83 and 84: As a result, communicational pruden
Page 85 and 86: Business School: “The amount of p
Page 87 and 88: the domain of international law. In
Page 89 and 90: A U.S. Secret Service liaison poste
Page 91 and 92: examples to the experience of a sho
Page 93 and 94:
Conclusion This Discussion Paper ha
Page 95:
The rise of contemporary data harve
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This ICHRP Discussion Paper examine
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