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Summary of Data, Privacy & Society
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`SUMMARY DATA, PRIVACY & SOCIETY
JULIE DE COCK
2019-2020
Prof. Jo Pierson
, Julie Sofie J De Cock
1. INTRODUCTION 5
1.1 MEDIATED COMMUNICATION 5
1.2 PRIVACY (SOLOVE, 2015) 6
1.2.1 DESIRE FOR PRIVACY 6
1.2.2 RETHINKING THE CONCEPT OF PRIVACY 7
1.2.2.1 Information collection 7
1.2.2.2 Information processing 8
1.2.2.3 Information dissemination 8
1.2.2.4 Invasion 8
1.2.3 SOCIAL VALUE OF PRIVACY 8
2. PART 1: SITUATING PRIVACY: LAW / SOCIAL SCIENCE / COMPUTER
SCIENCE 9
2.1 PRIVACY PRIMER (HOEPMAN & LIESHOUT) 9
2.2 CURRENT CASE STUDY: WTF IS GDPR? 11
2.3 GDPR 12
2.3.1 CORE DEFINITIONS (ART. 4) 13
2.3.2 PRINCIPLES (ART. 5) 15
2.3.3 RIGHTS OF THE DATA SUBJECT (ART. 12-23) 15
2.3.4 LAWFULNESS OF PROCESSING (ART. 6.1) 16
2.3.5 SPECIAL CATEGORIES (ART. 9) 16
2.3.6 PROFILING (ART. 22) 16
2.3.7 DATA PROTECTION BY DESIGN (ART. 25) 16
2.3.8 DATA PROTECTION IMPACT ASSESSMENT (DPIA) (ART. 35) 17
2.4 CURRENT CASE STUDY: RUSSIAN MEDDLING ON FACEBOOK 17
2.4.1 SITUATING PRIVACY: FACEBOOKCASE 18
2.5 SITUATING PRIVACY: COMPUTER SCIENCE (DIAZ & GÜRSES, 2012) 19
2.5.1 CS – CONFIDENTIALITY 19
2.5.2 CS – CONTROL 20
2.5.3 CS – PRACTICE 21
2.5.4 CONCLUSION 22
2.6 BEYOND THE LIBERAL CONCEPT OF PRIVACY 23
2.7 PE OF FACEBOOK 23
2.7.1 SOCIALIST PRIVACY IDEALS AND SOCIAL NETWORKING 25
2.7.2 CONCLUSION 26
3. PART 2: PRIVACY IN MEDIA AND COMMUNICATION STUDIES 27
3.1 INTRODUCTION 27
3.2 MEANING AND FUNCTION OF PRIVACY 27
3.3 CLASSIC TEXTS AND AUTHORS 28
3.3.1 TECHNOLOGY 28
3.3.2 PEOPLE 31
3.3.2.1 Traditional debates & dominant schools: people 32
3.3.3 SOCIETY 32
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, Julie Sofie J De Cock
3.4 CURRENT CASE STUDY: SOCIAL CREDIT SYSTEM 33
3.5 CURRENT CASE STUDY: SOCIAL PRIVACY IN NETWORKED PUBLICS: TEENS’
ATTITUDES, PRACTICES AND STRATEGIES 36
3.6 PRIVACY IN MCS – PRACTICES 41
3.6.1 BUCHER, T. (2012): WHO WANTS TO BE ON THE TOP? 41
3.7 PRIVACY IN MCS – SOCIO-ECONOMIC ARRANGEMENTS 43
3.7.1 CONTEXT AS SOCIAL DOMAIN: HELEN NISSENBAUM 45
3.7.1.1 Contextual integrity fundamentals 46
3.7.1.2 CI ethical legitimacy: evaluating norms 49
3.7.1.3 CI: user perspective 49
4. PART 3: DATA AND PUBLIC VALUES 50
4.1 CURRENT CASE STUDY: JOHN LANCHESTER – YOU ARE THE PRODUCT 50
4.2 TEKST PIERSON 52
4.2.1 EMPOWERMENT BY DESIGN 54
4.3 COOPERATIVE RESPONSIBILITY 55
4.3.1 ONLINE PLATFORMS 55
4.3.2 TOWARDS COOPERATIVE RESPONSIBILITY 56
4.3.3 COOPERATIVE RESPONSIBILITY: LAYOUT 60
4.3.4 CONCLUSION 63
4.4 CURRENT CASE ARTICLE: SAO PAULO’S INNOVATIVE PROPOSAL TO REGULATE
SHARED MOBILITY BY PRICING VEHICLE USE 63
4.5 DATA LITERACY 64
4.5.1 DIGIMETER 65
4.5.2 ZUBOFF – SURVEILLANCE CAPITALISM 66
4.5.2.1 Google: the pioneer of surveillance capitalism 66
4.5.2.2 A balance of power 67
4.5.2.3 Search for capitalism: impatient money and the state of exception 68
4.5.2.4 The discovery of behavioral surplus 68
4.5.2.5 Surplus at Scale 70
4.5.2.6 Human invention 71
4.5.2.7 The secrets of extraction 72
4.5.2.8 Summarizing the logic and operations of surveillance capitalism 73
4.5.2.9 Examples 74
4.6 DATA COLONIALISM 74
5. GUEST LECTURE – WILLEM DEBEUCKELAERE 74
5.1 PART 1: FROM UDHR AND CONVENTION 108 TOWARDS THE GDPR 74
5.2 PART 2: GDPR 76
5.2.1 NEW LEGISLATION 76
5.2.1.1 Directive police and justice 76
5.2.1.2 E-privacy 76
5.2.1.3 EU 76
5.2.2 PRINCIPLES 77
5.2.3 PARADIGMA SHIFT 77
5.2.4 DUTIES AND TOOLS OF AND FOR THE CONTROLLER 78
5.2.4.1 Duty: privacy by design/ by default 78
5.2.4.2 Tools: codes of conduct (art. 40) 78
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, Julie Sofie J De Cock
5.2.5 MATERIAL SCOPE (ART. 2) 79
5.2.6 TERRITORIAL SCOPE (ART. 3) 79
5.3 PART 3: GENERAL PRINCIPLES 80
5.3.1 NEW LEGISLATION: GDPR 80
5.3.2 LAWFULNESS 81
5.3.3 PURPOSE LIMITATION 82
5.4 PART 4: GDPR: RIGHTS OF THE DATA SUBJECT 83
5.5 PART 5 - 9 86
6. GUEST LECTURE - SEDA GÜRSES (NO NOTES YET) 86
6.1 PRIVACY RESEARCH PARADIGMS 87
6.1.1 PRIVACY AS CONFIDENTIALITY 87
6.1.2 PRIVACY AS CONTROL 87
6.1.3 PRIVACY AS PRACTICE 87
6.2 ENGINEERING PRIVACY 88
6.2.1 OPTIMISATION SYSTEMS 89
6.2.1.1 Example: location services 89
6.2.2 BROADER RISKS AND HARMS OF OPTIMIZATION 90
6.2.3 CAN WE IDENTIFY COMMON EXTERNALITIES OF OPTIMIZATION? 90
6.2.4 POTS 91
7. GUEST LECTURE – ROB HEYMAN 92
7.1 LOOK AT DATA AND PRIVACY USING SHANNON & WEAVER 92
7.2 SOCIAL PRIVACY 92
7.2.1 CONCLUSION ON SOCIAL AND INSTITUTIONAL PRIVACY 93
7.3 YOU ARE NOT THE OWNER, YOU’RE THE PRODUCT 93
7.3.1 BIOPOWER (FOUCAULT) 95
7.4 SENSORS (ALGORITHMS) AS SENDERS (HAVE WE SEEN THIS?) 96
7.5 DATA AS A COMMODITY 96
7.6 CONCLUSION 97
8. GUEST LECTURE ROSAMUNDE VAN BRAKEL (NO NOTES YET) 97
8.1 PRIVACY VS SURVEILLANCE 97
8.2 SURVEILLANCE STUDIES 98
8.3 CASE: PREDICTIVE POLICING 99
8.3.1 EMERGENCE AND DRIVERS OF THE USE OF PRE-EMPTIVE SURVEILLANCE FOR
PREDICTIVE POLICING 99
8.3.2 PREDICTIVE POLICING 99
8.3.2.1 Predictive mapping 99
8.4 SOCIAL AND ETHICAL CONCERNS 101
8.4.1 HUMAN IN THE LOOP 101
8.4.2 BIAS CREEP 101
8.4.3 CUMULATIVE SURVEILLANCE EFFECT AND PRIVACY 101
8.4.4 IMPACT ON SOCIAL JUSTICE 102
8.4.5 EFFECTIVENESS, LEGITIMACY AND PROPORTIONALITY 102
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, Julie Sofie J De Cock
1. Introduction
1.1 Mediated communication
- Media and Communication Studies (MCS)
Ø Since 1930s separate field
Ø Human & social communication on different levels (society-wide,
organisations, ...)
- Mediated or unmediated
Ø People and society increasingly rely on (digital) media, computers and ICT-
systems for communication and information sharing
Ø Through digital communication, users/citizens/consumers can become
simultaneously empowered as well as disempowered
Everything becomes datafied (everything you do will be captured)
Using data for business (creating profiles, targeted ads, ...)
® Empowered: now easy to start eg TV-channel (YouTube), share
opinion (social media)
® Disempowered: Don’t understand how you’re being datafied
- Consequences depend on three-way interrelationship between (Lievrouw & Livingstone,
2002)
Ø Artefacts (Technology) = how media systems are being designed (i.e. what
they enable)
What values are built into the system? Eg. Privacy-by-design
Ø Practices (People) = how people within their context develop and use media
systems (i.e. are able to do)
Eg. Privacy-paradox; digital resignation; ...
Ø Socio-economic arrangements (Society) = how mediated interactions are
organised socially, economically and legally (i.e. understanding contingency)
Eg GDPR
- Mutual shaping
Ø Information society (Webster) > Network society (Castells) > Platform Society
(Van Dijck)
Ø Individual privacy > Contextual privacy > Networked privacy
- From ‘social media’ to ‘connective media’ (Van Dijck, 2013)
Ø Human connectedness is gradually replaced by automated connectivity
Ø Connectivity = engineered, curated and steered connectedness (i.e. activity
of creating social connections) that draws people to the platform to create
and consume content (UGC), advertising and data (through algorithms)
Ø The ‘social’ in ‘social media’ encompasses connectedness and connectivity
Companies tend to stress the first and minimise the second meaning
Connectedness = social aspect
- Research on disassembling connective platforms as microsystems in an ecosystem
Ø Techno-cultural constructs: users/content/technology
Ø Socio-economic structures: ownership/business models/governance
“If you have something you don’t want anyone to know, maybe you shouldn’t be doing it in
the first place” - Eric Schmidt (CEO Google, 2009)
à Class discussion
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, Julie Sofie J De Cock
1.2 Privacy (Solove, 2015)
- ‘Our privacy is ‘under assault’ by
Ø Business and industry
Ø Governments
Ø Employers
Ø Peers
“The gossip that circulates in high school and college is no longer
ephemeral and fleeting”
- Conclusion?
Ø “With all these developments, many are asking whether privacy is still alive.
With so much information being gathered, with so much surveillance, with so
much disclosure, how can people expect privacy anymore? If we can’t expect
privacy, is it possible to protect it? Many contend that fighting for privacy is a
losing battle, so we might as well just grin and bear it.”
- Answer
Ø Desire for privacy instead of expecting privacy
To what extent can we desire some form of privacy?
Ø Rethinking concept of privacy
Not so much about individual secrecy but much more
Ø Social value of privacy
Not individual so we should look from social point
1.2.1 Desire for privacy
- Do people expect privacy anymore?
Ø Law should protect privacy not because we expect it, but because we desire
it
- Privacy is much more than keeping secrets, but also about:
Ø Confidentiality
Ø Maintaining data security
Ø Having control over information
Ø Notifying about data others have and how it will be used (= need for better
“data due process”)
Process in which data is handled
® Big decisions shouldn’t be made by algorithms only (need to
have the right that humans can intervene in the process)
Ø So: “Privacy thus involves more than keeping secrets – it is about how we
Ø regulate information flow, how we ensure that others use our information
Ø responsibly, how we exercise control over our information, how we should
Ø limit the way others can use our data.”
- Possible for law to limit how others use our data, cf. copyright law
Ø How?
Ø Rethinking concept/value of privacy
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