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Friday, February 24, 2006
Privacy
Next month I'll be speaking in DC at the Int'l Assoc. of Privacy Professionals. I've participated a bit in privacy debates -- in particular, with interest in how the tools of digital rights management to control intellectual property could be applied to safeguard individual privacy -- but the overall field seems to me to be in stalemate right now. Individuals say they want privacy, but they act in ways that signal otherwise, happy to agree to personal data collection in exchange for a discount at the supermarket. The public has a sort of defeatism about it -- there's an assumption that everything is watched, but that not much can be done about it.
For privacy professionals -- most typically people at private firms whose job is to monitor and enforce compliance with privacy regulations, to avoid PR disasters, and perhaps to be a sort of ombuds for those whose data is gathered -- I wonder how this shakes out. Are they looked at with the same skepticism that an in-house legal team can be viewed, seen as not producing anything material to the firm's bottom line, but able to cause trouble or try to say no to some idea that everyone else likes?
I'd love to know what others think, especially libertarians who I imagine both recoil at gov't restrictions on speech -- one way of describing privacy law -- and who also value individual choice and freedom, which an invasion of privacy can trim back, whether conducted by public or private authorities.
Posted by jz on February 24, 2006 at 08:24 AM in Information and Technology | Permalink
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Comments
Doug: I would have agreed with you a few years ago. But having spent time more recently in countries without the culture of privacy we have in the US, I've come to realize that respect for personal privacy is an important part of respect for people generally. It's hard to articulate, but you'll know why it's important when you've been deprived of it.
Posted by: snowball | Feb 25, 2006 12:05:18 AM
Can you say more about why you think "an invasion of privacy can trim back" on "individual choice and freedom"?
I have never quite understood the affinity for "privacy" and I tend to think privacy concerns often get harmfully conflated with concerns about liberty, choice and freedom. (The abortion debate, of course, is the clearest example: any claims to a right to an abortion is fundamentally a claim for a liberty right not a privacy right; a privacy right here would concern whether others can know about whether a person did or did not have an abortion.)
Of course, I can see how concerns about privacy can and do lead individuals to self-censor behavior they might consider embarrassing if widely known. But then I wonder whether and how such private reactions to, in your words, "free speech" ought to be incorporated into public policy debates.
Are you saying simply that the echo effect of privacy invasion impacts "individual choice and freedom"? Or do you see a more direct relationship between privacy and freedom?
Posted by: Doug B. | Feb 24, 2006 11:33:20 AM
As someone who is strongly pro-privacy and libertarian, my approach to the issue is to limit the powers of government to identify us, or to help private businesses identify us. In particular, uses of social security numbers, national ID numbers, or information validated by presentation of a national ID should be regulated. This limits the ability of businesses to free-ride on the coercive power of the state. If you'd like to believe me when I tell you my name is Adam Shostack or Mickey Mouse, feel free to use that data. Draw on the power of the state to "validate" that that's my name, and you must accept the power of the state to regulate what you do with it.
Posted by: Adam Shostack | Feb 24, 2006 10:26:15 AM
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