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Beyond data: reclaiming human rights at the dawn of the metaverse
\"A Future Beyond Data aims to shift the conversation to an approach that centers people, not data, and draws on the international human rights framework. In response to the immersive, cyberphysical reality that is rapidly developing, this book argues for a more expansive interpretation of human rights, beyond rights to privacy or data protection, to address the complex array of threats and challenges posed by enveloping digital technologies\"-- Provided by publisher.
Book
INTRODUCTION: PRIVACY SELF-MANAGEMENT AND THE CONSENT DILEMMA
During the past decade, the problems involving information privacy - the ascendance of Big Data and fusion centers, the tsunami of data security breaches, the rise of Web 2.0, the growth of behavioral marketing, and the proliferation of tracking technologies - have become thornier. Policymakers have proposed and passed significant new regulation in the United States and abroad, yet the basic approach to protecting privacy has remained largely unchanged since the 1970s. Under the current approach, the law provides people with a set of rights to enable them to make decisions about how to manage their data. These rights consist primarily of rights to notice, access, and consent regarding the collection, use, and disclosure of personal data. The goal of this bundle of rights is to provide people with control over their personal data, and through this control people can decide for themselves how to weigh the costs and benefits of the collection, use, or disclosure of their information. I will refer to this approach to privacy regulation as \"privacy self-management.\"
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
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.
Journal Article
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, our law and culture are full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don't really know why surveillance is bad and why we should be wary of it. To the extent that the answer has something to do with \"privacy,\" we lack an understanding of what \"privacy\" means in this context and why it matters. We'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