First-person data have been both condemned and hailed because of their alleged privacy. Critics argue that science must be based on public evidence: since first-person data are private, they should be banned from science. Apologists reply that first-person data are necessary for understanding the mind: since first-person data are private, scientists must be allowed to use private evidence. I argue that both views rest on a false premise. In psychology and neuroscience, the subjects issuing first-person reports (...) and other sources of first-person data play the epistemic role of a (self-) measuring instrument. Data from measuring instruments are public and can be validated by public methods. Therefore, first-person data are as public as other scientific data: their use in science is legitimate, in accordance with standard scientific methodology. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An (...) ownership regime that enables every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of (...) big data exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

The aim of the article is to explain the relationship between the ethical evaluation of scientific research involving personal data and the assessment of compliance with data protection law. The article presents the mutual relationship between the protection of personal data and scientific activity from a dogmatic perspective, the legal regulation of the processing of personal data in scientific research, and the so-called research exceptions that apply when data are processed for scientific (...) research. It also covers the importance of meeting the ethical requirements of scientific research in order to profit from the indicated exceptions. Finally, it provides a comparison between the ethical and the legal systems of personal data protection in research (objectives, criteria, authorities, and procedures). (shrink)

The re-use of publicly available (personal) data for originally unanticipated purposes has become common practice. Without such secondary uses, the development of many AI systems like large language models (LLMs) and ChatGPT would not even have been possible. This chapter addresses the ethical implications of such secondary processing, with a particular focus on data protection and privacy issues. Legal and ethical evaluations of secondary processing of publicly available personal data diverge considerably both among scholars and (...) the general public. While some of these uses are met with opposition and criticism, others are quite unanimously viewed as unproblematic. Often, proponents and opponents of such practices invoke the same ethical and legal standards for their opposite conclusions. This state of affairs shows that other considerations besides the public availability of data must play a role. It calls for a theoretical clarification of the additional criteria that should guide decisions about the (legally informed) ethical acceptability of re-processing practices. In order to make a contribution towards this goal, the present chapter maps the ongoing debate and systematises the existing contributions around three lines of argument: a consent-centred position, an approach that focuses on the distinction between data and information, and finally a line of argument that focuses on the contextual norms that govern the flows of information. The chapter further relates these arguments to three underlying conceptions of privacy and data protection: rights-based, structural and contextual, and discusses the advantages and disadvantages of each position in the light of concrete examples. It concludes by arguing for a mixed approach that combines core elements of the structural and contextual approaches. The chapter aims to contribute to existing research in the fields of data, AI and research ethics, and to reconnect the debate with ethical and legal scholarship on privacy and data protection. In doing so, it aims to make a theoretical contribution towards refining existing conceptions of privacy and data protection in order to make them more fit to ‘drive our digital world’ as far as the use of publicly available data is concerned. (shrink)

The ‘smart city’ has been driven by advances in information and communication technologies, with the aim of integrating these technologies with urban infrastructures for improved optimisation, automation and control. Smart cities have emerged as a response to the challenges faced by megacities and are likely to manifest the ‘datafying’ society in the public space. However, the pervasive nature of data collection, continuous analysis and inference, and long-term data storage result in a potentially problematic reconfiguration of society that undermines (...) individual and collective autonomy. This article proposes the concept of ‘data autonomy’ as a guiding principle for the development of smart cities, addressing challenges related to the potential misuse of personal data, sphere transgression, and datafied gentrification. Section II. explores concerns related to data protection law, which can be understood as a proxy for the relationship between the individual and society, highlighting power dynamics and the autonomy of individuals and communities. Section III. discusses the concept of sphere transgression, where tech giants expand their influence in society without adequate expertise or accountability. Section IV. examines the potential impact of datafied gentrification on individual and collective autonomy. Building on the challenges identified throughout these sections, this paper proposes ‘data autonomy’ as a guiding principle for smart city development in section V., promoting a value-based approach centred on human dignity. To make it practicable, increased interdisciplinary collaboration in the development of smart cities is needed, with a particular focus on improved design and impact assessment methodologies. (shrink)

Social Networking Services provide services in return for rights to commercialize users’ personal data. We argue that what makes this transaction permissible is not users’ autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards (...) ensuring that users face options that they will use to advance individual and common interests. (shrink)

Increasing numbers of decisions about everyday life are made using algorithms. By algorithms we mean predictive models (decision rules) captured from historical data using data mining. Such models often decide prices we pay, select ads we see and news we read online, match job descriptions and candidate CVs, decide who gets a loan, who goes through an extra airport security check, or who gets released on parole. Yet growing evidence suggests that decision making by algorithms may discriminate people, (...) even if the computing process is fair and well-intentioned. This happens due to biased or non-representative learning data in combination with inadvertent modeling procedures. From the regulatory perspective there are two tendencies in relation to this issue: (1) to ensure that data-driven decision making is not discriminatory, and (2) to restrict overall collecting and storing of private data to a necessary minimum. This paper shows that from the computing perspective these two goals are contradictory. We demonstrate empirically and theoretically with standard regression models that in order to make sure that decision models are non-discriminatory, for instance, with respect to race, the sensitive racial information needs to be used in the model building process. Of course, after the model is ready, race should not be required as an input variable for decision making. From the regulatory perspective this has an important implication: collecting sensitive personal data is necessary in order to guarantee fairness of algorithms, and law making needs to find sensible ways to allow using such data in the modeling process. (shrink)

Public policies designed to regulate the use of information technology to protect personal data have been based on different theoretical assumptions in different states, depending on whether the problem is defined in technological, civil libertarian, or bureaucratic terms. However, the rapid development, dispersal, and decentralization of information technology have facilitated a range of new surveillance practices that have in turn rendered the approaches of the 1960s and 1970s obsolete. The networking of the postindustrial state will require a reconceptualization (...) of the dynamic relationship between organizational practices and information technology and a more comprehensive appreciation of the privacy problem. With the call for the development of a more coherent information policy in a number of countries, there is evidence that policymakers have been taking this more holistic view. (shrink)

Large amounts of personal data are generated through young people’s engagements with mobile media, with these data increasingly used by advertisers, content developers and other third parties to profile, predict and position individuals. This has prompted growing concerns over the ability of mobile media users to develop informed stances towards how and why their data is being used, i.e. to build ‘conscious’ and/or ‘resistant’ forms of ‘data agency’. This paper explores ways of developing the critical (...) consciousness and resistant practices of young mobile media users towards personal data. Drawing on research with 27 young people, the paper describes efforts to make representations of third party use of personal data openly available as a basis from which to develop data-savvy tactics and strategies. The results of these interventions – while only partially successful – offer valuable insights into the technical, social and cultural issues that shape young people’s engagement with personal data. The paper concludes by considering how concerns over data agency might be better aligned with the realities of young people’s mobile media use. (shrink)

In genomic research, cohort and large-scale population studies are proliferating along with accompanying infrastructures (databases and biobanks). Population-based research links samples and data from multiple sources often obtained for other purposes. The normative frameworks of many countries are largely based on 1980 OECD principles which limit the uses of personal data, especially for secondary purposes. These limits, now found in legislation, policies and research guidelines, pose major barriers to population-based research.This text examines similarities and differences between epidemiology, (...) public health research and genomics. It also distinguishes between primary and secondary uses of personal information. In a comparative and critical analysis of the normative landscapes of five countries, Québec (Canada), Germany, Australia, the United States and the United Kingdom, three barriers are identified: the impracticability of re-consent; the shortcomings of the review process (ethics and privacy) and certain multi-jurisdictional issues. Recommendations are proposed. (shrink)

It is important to manage individuals’ personal data after their death to maintain their dignity or follow their wishes as much as possible. From this perspective, this report describes the real-world commercialization of immortal digital personalities, which gives eternal life to the deceased in a digital form. We identify the problems with the commercialization of deceased users’ images and personal data, which becomes postmortem entertainment. Considering these problems, we seek out the ideal form of deceased users’ (...) personal data for commercialization. We conduct a social survey to understand how ordinary Japanese people feel about the various types of publicly available services that use personal data after death, such as social network service logs. By analyzing our survey results approximately 20% of respondents would allow the commercial use of their personal data, such as browsing their social network service logs, if they could receive compensation during their lifetime. (shrink)

Laboratoire de Neurosciences Cognitives et Imagerie Ce´re´brale (LENA), Hoˆpital de La Salpeˆtrie`re, Centre National de la Recherche Scientifique (CNRS).

In Describing Inner Experience, Hurlburt and Schwitzgebel explore the proper limits of scepticism about consciousness and the prospect of a scientific investigation of consciousness. Their debate with each other focuses on the question about whether we can trust people's reports about their inner experiences and on Hurlburt's introspective method, DES. I point out that their discussion leaves unclear the crucial question of the aims and objectives of DES. This makes it difficult genuinely to assess DES's merits and the problems for (...) theorizing that might be created by inaccuracy in the introspective data. I then provide a taxonomy of different introspective methods, depending on different roles played by introspective data and on the kinds of questions that are being asked. I suggest that introspective methods tasked to answer a certain group of questions -- certain philosophical questions about experience -- are more vulnerable to the possibility of introspective error than others. (shrink)

This paper explores some key discrepancies between two sets of normative requirements applicable to the research use of personal data and human biological materials: the data protection regime which follows the application of the European Union General Data Protection Regulation, and the Declaration of Helsinki, CIOMS guidelines and other research ethics regulations. One source of this controversy is that the GDPR requires consent to process personal data to be clear, concise, specific and granular, freely (...) given and revocable and therefore has challenged the concept of ‘broad consent’, which has been widely applied in the context of biobanking. Another source of controversy is the interplay between regulations of research ethics and protection of personal data related to the secondary use of personal data and biological materials. In this case, the GDPR ‘research condition’ provides an alternative to re-consent for the use of previously collected personal data and biological materials. Although the mentioned controversies have been raised in the legal literature, they have not been explicitly addressed from the research ethics perspective. Should consent be regarded as a priority legal basis for personal data processing in health data research? Can broad consent still be a suitable legal ground for biobanking? What should be the role of research ethics provisions that differ from the GDPR standards, and what should be the role and function of research ethics committees in the changing environment of health data research? These are the ongoing controversies to be explored in the paper. (shrink)

Context: The use of first-person micro-phenomenological interviews and their productive interaction with third-person physiological data is a challenging and pressing issue in order to offer an effective and fruitful application of Varela’s neurophenomenological hypothesis. Problem: We aim at offering a generative method of analysis of first-person micro-phenomenological interviews using third-person physiological data. Our challenge is to describe this generative first-person analysis with the third-person physiological framework rather than put Varela’s hypothesis into practice in a generative way (as we (...) did in another paper. Method: The present contribution is a first pioneering study as far as the exposition of such an interactive generative methodology is concerned. It is also a new issue insofar as it deals with a case study, surprise in depression, that has not been thoroughly dealt with so far, either in philosophy or in psychopathology. Results: We show that the analysis of first-person data is an intrinsic generative one, insofar as new refined categories and multifarious circular micro- and macro-processes were discovered in the very process of analyzing. They provide the initial structural generic third-person description of surprise inherited both from philosophical phenomenological a priori categories and from the experimental startle setting with a refined micro-segmentation of the dynamic of the experience. Implications: Our article could be of interest to neurophenomenologists looking for an effective application and to researchers in quest of a method of analysis of first-person data. The present limitations are due to the still preliminary data-results we need to complete. Constructivist content: The article is directly linked to Varela’s neurophenomenological program and aims at extending and reforming it with a cardio-phenomenological approach. Keywords: First-person micro-phenomenological interviews, surprise, generative analysis of first-person data, depression, cardio-phenomenology, generative categories. (shrink)

The corona pandemic altered many traditional and historical norms of society and law. COVID-19 created a humanitarian crisis in some parts of globe, while pandemic privacy and civil liberties were under threat all over world. To combat the deadly virus, individual liberty and equality were compromised. This paper focuses on how India’s health problem has compromised people’s right to privacy. It will highlight how strict executive policies led to the creation of a massive surveillance system in the name of combating (...) the COVID-19 pandemic, as well as how the absence of any policy or legal framework led to the exclusion of individuals and their families who were suspected of having the virus or caring for those who were infected with the deadly virus. The paper uses case studies and data collected from primary as well as secondary sources. The authors will also point out how the absence of privacy regulation puts millions of citizens’ private information at risk of being compromised or exploited against their will. (shrink)

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, (...) we propose the Ethical Data Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

We’re grateful for the thoughtful and incisive commentaries on our article, “Ethical Responsibilities for Companies that Process Personal Data” (McCoy et al. 2023). In the article, we propose the E...

Since the 1970s and more rigorously since the 1990s, many countries have regulated data protection and privacy laws in order to ensure the safety and privacy of personal data. First, a comparison is made of different acts regarding genetic information that are in force in the EU, the USA, and China. In Turkey, changes were adopted only recently following intense debates. This study aims to explore the experts’ opinions on the regulations of the health information systems, (...) class='Hi'>data security, privacy, and confidentiality in Turkey, with a particular focus on genetic data, which is more sensitive than other health data as it is a permanent identifier that is inherited to next of kin and shared with other family members. Two focus groups with 18 experts and stakeholders were conducted, discussing topics such as central data collection, legalized data sharing, and the management of genetic information in health information systems. The article concludes that the new Turkish personal data protection law is problematic as the frame of collectible data is wide-ranging, and the exceptions are extensive. Specific laws or articles dedicated to genetic data that also overlook the dimension of discrimination based on genetic differences in Turkey should be taken into consideration. In broader terms, it is intended to put up for discussion that in addition to ethical aspects, economic aspects and legal aspects of health should be included in the discussion to be carried out within the framework of socio-political analyses with culture-specific approaches and cross-culture boundaries simultaneously. (shrink)

Technological advances are bringing new light to privacy issues and changing the reasons for why privacy is important. These advances have changed not only the kind of personal data that is available to be collected, but also how that personal data can be used by those who have access to it. We are particularly concerned with how information about personal attributes inferred from collected data (such as online behaviour), can be used to tailor messages (...) and services to specific individuals or groups. This kind of ‘personalised targeting’ has the potential to influence individuals’ perceptions, attitudes, and choices in unprecedented ways. In this paper, we argue that because it is becoming easier for companies to use collected data for influence, threats to privacy are increasingly also threats to personal autonomy—an individual’s ability to reflect on and decide freely about their values, actions, and behaviour, and to act on those choices.4 While increasing attention is directed to the ethics of how personal data is collected, we make the case that a new ethics of privacy needs to also think more rigorously about how personal data may be used, and its potential impact on personal autonomy. (shrink)

I have argued elsewhere that in past history, freedom of speech, whether granted to few or many, was granted as bestowing some important benefit. John Stuart Mill, for example, in On Liberty, saw it as enabling us to learn from each other through discussion. By the test of benefit, I here argue that social media that are funded through trade in our personal data with advertisers, including propagandists, cannot claim to be supporting free speech. We lose our freedoms, (...) if the personal data we entrust to online social media are used to target us with information, or disinformation, tailored as persuasive to different personalities, in order to maximize revenue from advertisers or propagandists. Among the serious consequences described, particularly dangerous because of its effect on democracy, is the use of such targeted advertisements to swing voting campaigns. Control is needed both of the social media and of any political parties that pay social media for differential targeting of voters based on personality. Using UK government documents, I recommend legislation for reform and enforcement. (shrink)

RESUMEN: En la era de las tecnologías digitales, el Derecho se enfrenta al objetivo de afrontar la protección de los datos personales en un universo global donde las fronteras se diluyen y el principio de territorialidad ha dejado de tener aplicación. Este trabajo pretende plantear el reto que supone, para el ordenamiento jurídico español, la adaptación a la nueva regulación europea en esta materia.ABSTRACT: At the digital´s technologies age, Law faces with the aim to address the personal data (...) protection in a global universe where blurring the borders, and the territoriality principle has ceased to be applied. This paper aims to poset he challenge that supposes, to the Spanish legal system, the adaptation to the new European Union regulation on this matter.PALABRAS CLAVE: universo digital, protección de datos personales, reglamento europeo, constitución española, conflictos de competenciaKEYWORDS: digital universe, personal data protection, european regulation, spanish constitution, competence´s conflicts. (shrink)

BackgroundLarge-scale, centralized data repositories are playing a critical and unprecedented role in fostering innovative health research, leading to new opportunities as well as dilemmas for the medical sciences. Uncovering the reasons as to why citizens do or do not contribute to such repositories, for example, to population-based biobanks, is therefore crucial. We investigated and compared the views of existing participants and non-participants on contributing to large-scale, centralized health research data repositories with those of ex-participants regarding the decision to (...) end their participation. This comparison could yield new insights into motives of participation and non-participation, in particular the behavioural change of withdrawal.MethodsWe conducted 36 in-depth interviews with ex-participants, participants, and non-participants of a three-generation, population-based biobank in the Netherlands. The interviews focused on the respondents’ decision-making processes relating to their participation in a large-scale, centralized repository for health research data.ResultsThe decision of participants and non-participants to contribute to the biobank was motivated by a desire to help others. Whereas participants perceived only benefits relating to their participation and were unconcerned about potential risks, non-participants and ex-participants raised concerns about the threat of large-scale, centralized public data repositories and public institutes, such as social exclusion or commercialization. Our analysis of ex-participants’ perceptions suggests that intrapersonal characteristics, such as levels of trust in society, participation conceived as a social norm, and basic societal values account for differences between participants and non-participants.ConclusionsOur findings indicate the fluidity of motives centring on helping others in decisions to participate in large-scale, centralized health research data repositories. Efforts to improve participation should focus on enhancing the trustworthiness of such data repositories and developing layered strategies for communication with participants and with the public. Accordingly, personalized approaches for recruiting participants and transmitting information along with appropriate regulatory frameworks are required, which have important implications for current data management and informed consent procedures. (shrink)

Personal data protection is an ethical issue. In this study we analyzed how research ethics committees (RECs) and data protection officers (DPOs) handle personal data protection issues in research protocols. We conducted a mixed-methods study. We included heads (or delegated representatives) of RECs and DPOs from universities and public research institutes in Croatia. The participants provided information about data protection issues in research and their mutual collaboration on those issues through structured interviews that contained (...) closed and open-ended questions. Qualitative description was used to analyze open-ended questions. The results showed that 55% of the REC representatives were not aware who was DPO in their institution. Among RECs, 65% never contacted the DPO. There were 61% of RECs who reported that they received no training from the organization on personal data protection. When asked about barriers to personal data protection in their institutions, 26% of REC members highlighted the lack of a clear protocol for assessing personal data protection issues, while 30% of DPOs mentioned lack of knowledge among researchers about personal data. In conclusion, we found that when it came to protecting personal data in research protocols, RECs and DPOs hardly ever worked together. When developing future personal data protection policies for academic and scientific research institutions, it is essential that RECs and DPOs should collaborate and both continue to expand/update their knowledge on personal data protection procedures. (shrink)

Technological advances are bringing new light to privacy issues and changing the reasons for why privacy is important. These advances have changed not only the kind of personal data that is available to be collected, but also how that personal data can be used by those who have access to it. We are particularly concerned with how information about personal attributes inferred from collected data (such as online behaviour), can be used to tailor messages (...) and services to specific individuals or groups. This kind of ‘personalised targeting’ has the potential to influence individuals’ perceptions, attitudes, and choices in unprecedented ways. In this paper, we argue that because it is becoming easier for companies to use collected data for influence, threats to privacy are increasingly also threats to personal autonomy—an individual’s ability to reflect on and decide freely about their values, actions, and behaviour, and to act on those choices.4 While increasing attention is directed to the ethics of how personal data is collected, we make the case that a new ethics of privacy needs to also think more rigorously about how personal data may be used, and its potential impact on personal autonomy. (shrink)

Digital personal data is increasingly framed as the basis of contemporary economies, representing an important new asset class. Control over these data assets seems to explain the emergence and dominance of so-called “Big Tech” firms, consisting of Apple, Microsoft, Amazon, Google/alphabet, and Facebook. These US-based firms are some of the largest in the world by market capitalization, a position that they retain despite growing policy and public condemnation—or “techlash”—of their market power based on their monopolistic control of (...) personal data. We analyse the transformation of personal data into an asset in order to explore how personal data is accounted for, governed, and valued by Big Tech firms and other political-economic actors. However, our findings show that Big Tech firms turn “users” and “user engagement” into assets through the performative measurement, governance, and valuation of user metrics, rather than extending ownership and control rights over personal data per se. We conceptualize this strategy as a form of “techcraft” to center attention on the means and mechanisms that Big Tech firms deploy to make users and user data measurable and legible as future revenue streams. (shrink)

This paper supports the personal data platform cooperative as a means of bringing about John Rawls’s favoured institutional realisation of a just society, the property-owning democracy. It describes personal data platform cooperatives and applies Rawls’s political philosophy to analyse the institutional forms of a just society in relation to the economic power deriving from aggregating personal data. It argues that a society involving a significant number of personal data platform cooperatives will be (...) more suitable to realising Rawls’s principle of fair equality of opportunity. (shrink)

Heterophenomenology is a third-person methodology proposed by Daniel Dennett for using first-person reports as scientific evidence. I argue that heterophenomenology can be improved by making six changes: (i) setting aside consciousness, (ii) including other sources of first-person data besides first-person reports, (iii) abandoning agnosticism as to the truth value of the reports in favor of the most plausible assumptions we can make about what can be learned from the data, (iv) interpreting first-person reports (and other first-person behaviors) directly (...) in terms of target mental states rather than in terms of beliefs about them, (v) dropping any residual commitment to incorrigibility of first-person reports, and (vi) recognizing that thirdperson methodology does have positive effects on scientific practices. When these changes are made, heterophenomenology turns into the self-measurement methodology of firstperson data that I have defended in previous papers. (shrink)

Open peer commentary on the article “A First-Person Analysis Using Third Person-Data as a Generative Method: A Case Study of Surprise in Depression” by Natalie Depraz, Maria Gyemant & Thomas Desmidt. Upshot: I present a critical review of Depraz et al.’s target article and its promise to provide a novel “generative method” of analyzing first-person micro-phenomenological interviews using third-person physiological data. I argue that although indeed promising, the generative method may still be haunted by the issues pertaining to (...) the other phenomenological methods, like experimenter and respondent biases, and the problem with mistaking first-person with second-person data. In the end, I analyze the category of surprise and the way it was extracted from the data. The Philosopher’s Stone. (shrink)

This paper undertakes a comparative legal study to analyze the challenges of privacy and personal data protection posed by Artificial Intelligence embedded in Robots, and to offer policy suggestions. After identifying the benefits from various AI usages and the risks posed by AI-related technologies, I then analyze legal frameworks and relevant discussions in the EU, USA, Canada, and Japan, and further consider the efforts of Privacy by Design originating in Ontario, Canada. While various AI usages provide great convenience, (...) many issues, including profiling, discriminatory decisions, lack of transparency, and impeding consent, have emerged. The unpredictability arising from the AI machine learning function poses further difficulties, which have only been partially addressed by legal frameworks in the aforementioned jurisdictions. However, analyzing the relevant discussions yielded several suggestions. The first priority is adopting PbD as the most flexible, soft-legal, and preferable approach toward AI-oriented issues. Implementing PbD will protect individual privacy and personal data without specific efforts, and achieve both the development of AI and the advancement of privacy and personal data protection. Technical measures that can adapt to an individual’s dynamic choices according to the “context” should be further developed. Furthermore, alternative technical measures, including those to solve the “algorithmic black box” or achieve differential privacy, warrant thorough examination. If AI surpasses human intelligence, a terminating function, such as a “kill switch” will be the last resort to preserve individual choice. Despite numerous difficulties, we must prepare for the coming AI-prevalent society by taking a flexible approach. (shrink)

Once upon a time, they managed to bring Neverland into the bedrooms; they were seen as the heroes of a new era. However, as heroes always tend to walk a fine line between good and evil, it does not come as a surprise that a decade later the perception has dramatically changed; the fairy tale turned into a nightmare. Are Internet Service Providers (ISPs) no more than data-guzzling monsters that need to be tamed? In November, the European Commission published (...) a “Comprehensive approach on personal data protection in the European Union” which seems to nod approval. The approach seeks to strengthen the individual’s rights regarding the use of data by ISPs. The Commission notes that children deserve specific protection in this context due to the fact that their awareness of risks and consequences is usually underdeveloped. Both a general principle of transparent processing and specific obligations for data controllers regarding the type of information to be provided and the modalities for providing it had to be taken into account. Not only legal but also self-regulatory initiatives should contribute to a better enforcement of data protection rules. This approach is both applauded and heavily criticized by the European Data Protection Supervisor. In particular, he argues that children’s particular interests have not been sufficiently addressed presenting a long list of suggestions for improvement including specific provisions against behavioral advertising, the exclusion of some data categories, an age threshold or special requirements on the issue of informed consent and a reinforcement of data controllers’ accountability. Is there really a need for a new magic formula? This paper reviews the current options for addressing the challenges of the use of personal data of minors by ISPs. (shrink)

ABSTRACT:Technological advances introduce the possibility that, in the future, firms will be able to use big-data analysis to discover and offer consumers their individual reservation price. This can generate some interesting benefits, such as a better state of affairs in terms of equality of both welfare and resources, as well as increased social welfare. However, these benefits are countered by considerations of relational equality. This article takes up the market-failures approach as its basis to demonstrate what is wrong with (...) using big data to personalize prices. The article offers an improvement to the market-failures approach and argues that what is wrong with using big data to personalize prices is that it unfairly undermines consumers’ ability to benefit from the market, which is the very point of having a market. (shrink)

This study analyzes the increasing presence and capabilities of wearable computing devices in the cornucopia of personalized digital data. We argue that the institutional data practices typical of Google Glass will pose policy challenges and herald yet another dramatic shift to personalized data marketing. We also highlight the characteristics of Google’s existing synergetic data practices that will shape the development of not only Google Glass, but also all subsequent wearable mobile devices in light of 360-degree (...) class='Hi'>data collection. The key organizing concept of our study is the disjuncture between institutional and policy forces in harnessing dual market mechanism, which frames how the new communication industry operates in the marketplace of ubiquitous personal advertising. We conclude by summarizing the three key areas of political-policy concern and suggest future solutions, with the discussion on the future of wearable computing practices related to the freedom of the human body. (shrink)

Humans have become increasingly datafied with the use of digital technologies that generate information with and about their bodies and everyday lives. The onto-epistemological dimensions of human–data assemblages and their relationship to bodies and selves have yet to be thoroughly theorised. In this essay, I draw on key perspectives espoused in feminist materialism, vital materialism and the anthropology of material culture to examine the ways in which these assemblages operate as part of knowing, perceiving and sensing human bodies. I (...) draw particularly on scholarship that employs organic metaphors and concepts of vitality, growth, making, articulation, composition and decomposition. I show how these metaphors and concepts relate to and build on each other, and how they can be applied to think through humans’ encounters with their digital data. I argue that these theoretical perspectives work to highlight the material and embodied dimensions of human–data assemblages as they grow and are enacted, articulated and incorporated into everyday lives. (shrink)