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What is privacy?
Article 8
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PRIVACY
Privacy
What is privacy?
Biological Roots
THE SPACE SORROUNDING
INDIVIDUALS
Territoriality
The notion of territory is
Animal studies
What happens when animals are
Isolation
Isolation is much more pathological
than overcrowding. Since the
1950s, experiments have been
conducted on persons in conditions
of extreme solitude and reduced
sensory stimuli (e.g. isolated
prisoners, spaceship crews, polar
explorers, patients hospitalized in
burn units, etc). It has been
observed that such persons
unavoidably tend to develop minor
signs of temporal disorientation,
which are usually followed if the
isolation persists - by hallucinatory
sensations, delusive ideation,
and/or structural delusions.
Prisoners
Research on the condition of
Religious Roots
THE HOLY PLACE
Sacred Places
Originally the word sacred
meant to be cut away, to be
separated.
The Latin Templum and the
Greek Temenos were areas
that were specifically cut off
and declared inviolable.
Private Places
In a the context of Roman
family law, the Latin
language expresses this same
concept by using the verb,
privo.
Sacred and private then share
a similar etymological origin.
They both describe secluded
areas, which are exclusive
property either of a god
(sacred) or a lord (private).
Political Roots
WHAT IS NOT BUSINESS OF
THE STATE
Private vs Public
In the Greek civilization then private realm
was the womens realm, the maternal
kingdom. This private realm (oikia), which
included women, children, slaves and
foreigners, was the place where the woman
was accorded normative priority over males.
When a man belonged to the maternal
kingdom, to the private sphere, he became
idios, which means ones own. Idiotes were
private persons, individuals without any part
in private affairs. The negative sense carried
out by this word remains in modern
languages, as in the word idiot in English.
Greeks had also two words to describe the
public. One was still negative, the word
demios, which precisely means having to do
with the people, in the sense of vulgar
persons, populace. Yet a second word for
public had a highly positive sense, say, the
word koinos, which literally means what is
shared by friends.
Respecting Privacy
1) Respecting biological
integrity (bodily,
psychological, social)
2) Respecting intimacy and
dignity
3) Respecting liberty
Privacy Offence
Intrusiveness
Humiliation
Constriction
Intrusive Biometrics
Humiliating Biometrics
Constriction
Bureaucracy
PERSONAL DATA
PROTECTION
Neolithic Revolution
New agricultural
technology
Agricultural revolution &
Urban revolution
The birth of the monetary
system: money as a
medium of exchange, unit
of account, and store of
value.
Animals, vegetables, and
manufacts become
commodities
Industrial Revolution
Information becomes
innovation we are
increasingly able to turn
everything into meaningful
data
In other words, there is
almost no longer
qualitative information but
only quantitative
information, say, data.
Personal Data
personal data
Yet are biometrics always
also sensitive data?
According to the proposed
reform of the EU Privacy
and DP Directive,
biometrics should be
always protected as
sensitive data
A Legal Case
On 3 November, a court in Virginia
Beach (VA, US) ruled that a defendant
can be forced to give up his fingerprint,
but not his passcode, to allow police to
unlock his mobile phone
(Commonwealth of Virginia v. David
Charles Baust Docket No.: CR141439). As per the Virginia court
decision, biometrics was not protected
by the privilege against selfincrimination, which states that that
accused persons cannot be compelled
to incriminate themselves. This
principle, deeply rooted in most
Western legal systems, would not
apply to biometrics but applies to
passcodes.
CONCLUSIONS
PRIVACY IS ABOUT
(1) BIOLOGICAL,
PSYCHOLOGICAL, SOCIAL
BORDERS;
(2) SACRALITY AND DIGNITY
OF THE PERSON;
(3) INDIVIDUAL LIBERTY
PROTECTING PRIVACY IS AN
ESSENTIAL ELEMENT OF ANY
DECENT SOCIETY
CONCLUSIONS
PERSONAL DATA
PROTECTION IS ABOUT
(1) A NEW COMMODITY;
(2) RELATED PROPERTY RIGHTS
AND VENDOR PROTECTION;
(3) THE OVERALL LEGAL
FRAMEWORK OF ITS USE
RULING PERSONAL DATA TRADE
AND PROTECTION IS A NEED OF
THE DIGITAL REVOLUTION
Questions?