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

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IV. Privacy across Borders: Personal Space, Technology and States Comparative Privacy? 36 The Expanding Dataverse 39 History 39 Technology 40 Economy 41 Law 42 V. Law, Privacy, Profiling The United States: a “Reasonable Expectation of Privacy” 46 Europe: “Home, Private and Family Life” and Data Protection 50 Privacy, Profiling and Data Protection 53 VI. Boundaries and Borders The Fall of Private Man? 62 Governance: The Public–Private Co-Incidence 65 Transnational Law? 68 Human Rights and Shifting Boundaries 71 Conclusion 75
Acknowledgements This Discussion Paper was drafted by Stephen Humphreys, Lecturer in Law at the London School of Economics and Political Science and former Research Director at the International Council on Human Rights Policy (ICHRP). It was commissioned by the ICHRP, in order to prepare the ground for further work on the human rights dimensions of privacy and data-gathering technologies. This paper is the second in a series of Discussion Papers produced by the ICHRP. The Discussion Paper was the subject of a workshop held in Geneva on September 13, 2010, which included the following participants: Jodi Dean, Francisco Klauser, Catherine Liu, Daniel Neyland, Clive Norris, Charles Raab, Beate Roessler, Chris Soghoian, Bernd Carsten Stahl, Valerie Steeves, Anastassia Tsoukala and David Murakami Wood. Their input both in the drafting process prior to the meeting and during the course of a most stimulating day was invaluable to the report. The ICHRP also wishes to thank Perri 6, Iain Currie, Michael Curry, Paul Schwartz, Daniel Solove and Elia Zureik for discussions in earlier stages of this project. Invaluable research assistance was provided by Andrea Pavoni and Anna Piekarzewski.
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: Contents Acknowledgements Executive
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
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V. Law, Privacy, Profiling This Dis
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Griswold set the pattern for one br
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terrorist”. 144 In Posner’s vie
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ut it has not so far accepted that
Page 71 and 72:
2. The Court turned to the practice
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normative statements on the substan
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individual may have multiple profil
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Let’s take another example: “ri
Page 79 and 80:
VI. Boundaries and Borders We have
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process” to empirical research in
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As a result, communicational pruden
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Business School: “The amount of p
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the domain of international law. In
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A U.S. Secret Service liaison poste
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examples to the experience of a sho
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Conclusion This Discussion Paper ha
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The rise of contemporary data harve
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This ICHRP Discussion Paper examine
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