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

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© 2011 International Council on Human Rights Policy 17 rue Ferdinand-Hodler, CH-1207 Geneva, Switzerland. Navigating the Dataverse: Privacy, Technology, Human Rights, 2011. International Council on Human Rights Policy. Geneva, Switzerland. Most rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of the publisher. The designation of geographical entities in this report and the presentation of the material do not imply the expression of any opinion by the International Council on Human Rights Policy concerning the legal status of any country, territory, or area, or of its authorities, or the delimitation of its frontiers or boundaries. The International Council on Human Rights Policy is a non-profit foundation registered in Switzerland. ISBN 2-940259-52-6 Design and layout by Benjamin D. Peltier, Publications and Communications Officer at the International Council on Human Rights Policy. Cover illustration by Benjamin D. Peltier. Published June 2011. This report is available from: ICHRP 17 rue Ferdinand-Hodler CH-1207 Geneva Switzerland Phone: +41 (0) 22 775 33 00 Fax: +41 (0) 22 775 33 03 ichrp@ichrp.org www.ichrp.org
Contents Acknowledgements Executive Summary The Dataverse The Changing Context of Privacy Human Rights and Legal Notions of Privacy Topics for Further Research i i ii v A Note on the Text Introduction Some Contemporary Stories About Privacy 1 Structure of the Discussion Paper 4 I. A Short History of Privacy The Co-Emergence of Public and Private 7 A Public of Private Persons 7 The Constitutionalisation of Privacy 9 Roessler on Autonomy and Privacy 11 The Retreat and Return of Privacy in the Twentieth Century 12 Human Rights and Autonomy 14 II. The Privacy–Technology Dynamic Privacy through Technology 17 Subjectivity and Technology 19 The Information Revolution and Trust 20 The Private Self in an Expanding Dataverse 22 Conclusion: Privacy and Technology 23 III. Security and Surveillance Privacy and Surveillance 25 Security, Economy, Population 27 Digital Personhood 31 The Dividual 31 The Surveillant Identity 32
Page 1 and 2: Navigating the Dataverse Privacy, T
Page 3 and 4: Navigating the Dataverse: Privacy,
Page 5: Navigating the Dataverse: Privacy,
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 and 42: simply are not - they don’t exist
Page 43 and 44: III. Security and Surveillance Havi
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
Page 100:
This ICHRP Discussion Paper examine
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