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"Privacy, Right of"
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WHAT PRIVACY IS FOR
Privacy has an image problem. Over and over again, regardless of the forum in which it is debated, it is cast as old-fashioned at best and downright harmful at worst -- antiprogressive, overly costly, and inimical to the welfare of the body politic. Privacy advocates resist this framing but seem unable either to displace it or to articulate a comparably urgent description of privacy's importance. No single meme or formulation of privacy's purpose has emerged around which privacy advocacy might coalesce. Pleas to \"balance\" the harms of privacy invasion against the asserted gains lack visceral force. The consequences of privacy's bad reputation are predictable: when privacy and its purportedly outdated values must be balanced against the cutting-edge imperatives of national security, efficiency, and entrepreneurship, privacy comes up the loser. In this Article, the author focuses on the interplay between privacy and systems of surveillance.
Journal Article
Privacy : a very short introduction
Some would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden's revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim. In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression.
Book
THE DANGERS OF SURVEILLANCE
From the Fourth Amendment to George Orwell's Nineteen Eighty-Four, and from the Electronic Communications Privacy Act to films like Minority Report and The Lives of Others, the law and culture are full of warnings about state scrutiny of their lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society they don't really know why surveillance is bad and why they should be wary of it. To the extent that the answer has something to do with \"privacy,\" they lack an understanding of what \"privacy\" means in this context and why it matters. They've been able to live with this state of affairs largely because the threat of constant surveillance has been relegated to the realms of science fiction and failed totalitarian states.
Journal Article
DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER
Article 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.
Journal Article
Practicing Privacy Literacy in Academic Libraries
Practicing Privacy Literacy in Academic Libraries: Theories, Methods, and Cases can help you teach privacy literacy, evolve the privacy practices at your institution, and re-center the individuals behind the data and the ethics behind library work.
eBook
Of privacy and power : the transatlantic struggle over freedom and security
We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states' jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions--one favoring security, the other liberty--whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden's revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate.
Book
Privacy Regulation and Online Advertising
Advertisers use online customer data to target their marketing appeals. This has heightened consumers' privacy concerns, leading governments to pass laws designed to protect consumer privacy by restricting the use of data and by restricting online tracking techniques used by websites. We use the responses of 3.3 million survey takers who had been randomly exposed to 9,596 online display (banner) advertising campaigns to explore how privacy regulation in the European Union (EU) has influenced advertising effectiveness. This privacy regulation restricted advertisers' ability to collect data on Web users in order to target ad campaigns. We find that, on average, display advertising became far less effective at changing stated purchase intent after the EU laws were enacted, relative to display advertising in other countries. The loss in effectiveness was more pronounced for websites that had general content (such as news sites), where non-data-driven targeting is particularly hard to do. The loss of effectiveness was also more pronounced for ads with a smaller presence on the webpage and for ads that did not have additional interactive, video, or audio features.
This paper was accepted by Pradeep Chintagunta, marketing.
Journal Article