scholarly journals Normative Paradoxes of Privacy: Literacy and Choice in Platform Societies

2020 ◽  
Vol 18 (2) ◽  
pp. 185-198
Author(s):  
Paula Helm ◽  
Sandra Seubert
Keyword(s):  
Structural Dynamics ◽  
Privacy Protection ◽  
Personal Autonomy ◽  
Self Determination ◽  
Discursive Practices ◽  
One Step ◽  
Liberal Individualism

Privacy scholars, advocates, and activists repeatedly emphasize the fact that current measures of privacy protection are insufficient to counter the systemic threats presented by datafication and platformization (van Dijck, de Waal, and Poell 2018: 24). These threats include discrimination against underprivileged groups, monopolization of power and knowledge, as well as manipulation. In this paper, we take that analysis one step further, suggesting that the consequences of inappropriate privacy protection online possibly even run counter to the normative principles that underpinned the standard clause for privacy protection in the first place. We discuss the ways in which attempts at protection run the risk of producing results that not only diverge from but, paradoxically, even distort the normative goals they intended to reach: informational self-determination, empowerment, and personal autonomy. Drawing on the framework of “normative paradoxes,” we argue that the ideals of a normatively increasingly one-sided, liberal individualism create complicities with the structural dynamics of platform capitalism, which in turn promote those material-discursive practices of digital usage that are ultimately extremely privacy-invasive.

scholarly journals Privacy in Public: A Democratic Defense

2020 ◽  
Vol 7 (1) ◽  
pp. 73-96
Author(s):  
Titus Stahl
Keyword(s):  
Public Sphere ◽  
Privacy Protection ◽  
Self Determination ◽  
Democratic Legitimacy ◽  
Political Speech ◽  
The Public ◽  
The Public Sphere

AbstractTraditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens to freely deliberate in public and therefore conflicts with democratic self-determination.

Mothers', Fathers', and their Children's Perceptions and Reasoning about Nurturance and Self-Determination Rights

2010 ◽  
Vol 18 (1) ◽  
pp. 79-99 ◽  
Author(s):  
Isabelle Cherney
Keyword(s):  
Decision Making ◽  
Personal Autonomy ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Moral Consideration ◽  
Age Difference ◽  
Children's Perceptions ◽  
Children’S Perceptions ◽  
Older Adolescents

AbstractThe present study investigated the development of autonomy by interviewing 47 ten-to- sixteen year-old adolescents and their parents from three US Midwestern cities about their perceptions of children's rights. The findings showed that on average, parents thought that their children would advocate for more rights than their children actually did. Mothers were more likely than fathers to believe that their child would advocate for self-determination rights. Older adolescents used more diverse reasoning categories than younger adolescents in their decision making. There was no age difference in the adolescents' support of nurturance and self-determination rights. Parents were generally given authority over moral consideration, but less over conventional and personal conventions. The results are discussed in the context of the development of personal autonomy and relatedness.

Regulating Privacy and Biobanks in the Netherlands

2016 ◽  
Vol 44 (1) ◽  
pp. 68-84 ◽  
Author(s):  
Aart C. Hendriks ◽  
Rachèl E. van Hellemondt
Keyword(s):  
The Netherlands ◽  
Criminal Law ◽  
Privacy Protection ◽  
Personal Data ◽  
Self Determination ◽  
European Economic Area ◽  
The Right To Privacy ◽  
Economic Area ◽  
The Right ◽  
Individual Self

The Netherlands does not have any specific legislation pertaining to human biological materials and data collection by biobanks. Instead, these issues are governed by a patchwork of laws, codes of practices, and other ethical instruments, where special emphasis is given to the right to privacy and self-determination. While draft legislation for biobanking was scheduled to enter into force in 2007, as of mid-2015 such legislation was still under consideration, with the intent that it would focus particularly on individual self-determination, the interests of research, the use of bodily materials collected by biobanks for criminal law purposes, and dilemmas around results that are clinically relevant for biobank participants. Under the current framework, the amount of privacy protection afforded to data is linked to its level of identifiability. International sharing of personal data to non-EU/European Economic Area countries is allowed if these countries provide adequate protection.

Ethics of Assisted Autonomy in the Nursing Home: Types of Assisting Among Long-Term Care Nurses

1996 ◽  
Vol 3 (3) ◽  
pp. 224-235 ◽  
Author(s):  
June M. Whitler
Keyword(s):  
Decision Making ◽  
Nursing Home ◽  
Nursing Homes ◽  
Long Term Care ◽  
Personal Autonomy ◽  
Self Determination ◽  
Decisional Capacity ◽  
Term Care ◽  
Ethical Implications

Twenty-five long-term care nurses in eight nursing homes in central Kentucky were inter viewed concerning ways in which they might assist elderly residents to preserve and enhance their personal autonomy. Data from the interviews were analysed using grounded theory methodology. Seven specific categories of assisting were discovered and described: personalizing, informing, persuading, shaping instrumental circumstances, considering, mentioning opportunities, and assessing causes of an impaired capacity for decision-making. The ethical implications of these categories of assisting for clinical prac tice are examined. Although nurses recognized the importance of resident autonomy, the majority of them failed consistently to employ the categories of assistance to foster resi dent self-determination and most of them held an inadequate understanding of the con cepts of consent and decisional capacity. To assure confidentiality, pseudonyms are used in the following cases and discussions for all names of nurses, residents and facilities.

Supported Decision-Making and Personal Autonomy for Persons with Intellectual Disabilities: Article 12 of the UN Convention on the Rights of Persons with Disabilities

2013 ◽  
Vol 41 (4) ◽  
pp. 792-806 ◽  
Author(s):  
Nandini Devi
Keyword(s):  
Decision Making ◽  
Intellectual Disabilities ◽  
Personal Autonomy ◽  
Self Determination ◽  
Persons With Disabilities ◽  
Equal Recognition ◽  
Conceptual Skills ◽  
Adults With Intellectual Disabilities ◽  
The Right ◽  
Everyday Living

Making decisions is an important component of everyday living, and issues surrounding autonomy and self-determination are crucial for persons with intellectual disabilities. Adults with intellectual disabilities are characterized by the limitations in their intellectual functioning and in their adaptive behavior, which compromises three skill types (conceptual skills, social skills, and practical skills), and this starts before the age of 18. Though persons with intellectual disabilities are characterized by having these limitations, they are thought to face significant decisionmaking challenges due to their disability. Moving away from this generalization, Article 12 (Equal recognition before the law) of the United Nations (UN) Convention on the Rights of Persons with Disabilities (herewith called “the Convention”) addresses this issue of decision-making for persons with disabilities, recognizing the right to legal capacity.

Poufność komunikacji elektronicznej w rozporządzeniu o prywatności i łączności elektronicznej: jak chronić prywatność i autonomię osobistą bez utrudniania rozwoju rozwiązań AI

2021 ◽  
pp. 24-42
Author(s):  
Jan Czarnocki
Keyword(s):  
Artificial Intelligence ◽  
Economic Development ◽  
Privacy Protection ◽  
Electronic Communication ◽  
Personal Autonomy ◽  
Middle Ground ◽  
Economic Context ◽  
Potential Impact ◽  
Normative Content ◽  
Proper Balance

This article aims to analyse Articles 5 and 6 of the draft ePrivacy Regulation put forward by the European Commission, as key rules regulating the processing of electronic communication data and metadata. The confidentiality of electronic communication is an important aspect of privacy and personal autonomy protection. Still, disproportionate regulation may hurt economic growth, particularly with regard to artificial intelligence (AI) solutions development. The article begins by briefly describing a socio-economic context in which the future regulation of electronic communication confidentiality will function, then analyses the implications of proposed norms for the protection of privacy and personal autonomy, and their potential implications for economic development, for AI solutions in particular. The article analyses which of the proposed versions of Articles 5 and 6 meet the middle ground and ensure protection of privacy and personal autonomy without at the same time hampering economic development and AI innovation. After analysing the proposed normative content of all three versions of the ePrivacy Regulation draft, some afterthoughts are shared about them and their potential impact. The goal is to find the proper balance between privacy protection as an ultimate priority and maintaining economic development and innovation as something that cannot be ignored and is a priority in its own right, to an extent where it does not harm the essential content of the fundamental right to privacy and personal autonomy.

Personal Autonomy and its Direct Constitutional Limits – a Polish Perspective

2021 ◽  
Vol 46 (1) ◽  
pp. 41-68
Author(s):  
Jan Podkowik
Keyword(s):  
Human Dignity ◽  
Natural Law ◽  
Legal Status ◽  
Personal Autonomy ◽  
Self Determination ◽  
Constitutional Protection ◽  
Constitutional Right ◽  
Principle Of Proportionality ◽  
The Right ◽  
Normative Content

Abstract The article discusses the concept of personal autonomy as a constitutional fundamental right protected by the Polish Constitution of 1997. Autonomy is not only a constitutional value of an unspecified character but also a right with its own specific normative content. Personal autonomy, also called the right to self-determination, is rooted in natural law. The scope of its constitutional protection is determined and – simultaneously – limited by constitutional standards of an absolute character such as human dignity, non-discrimination, and the like. Autonomy as a constitutional right may be subjected to further restrictions imposed by the legislator in accordance with the principle of proportionality. The legal status of an individual’s right to self determination is thus determined by all the prohibitions and orders resulting directly from the Constitution as well as sub-constitutional statutory provisions which respect the principle of proportionality requirements.

Giving birth but refusing motherhood: inauthentic choice or self-determining identity?

2008 ◽  
Vol 4 (2) ◽  
pp. 169-185 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Personal Autonomy ◽  
Private Life ◽  
Self Determination ◽  
Individual Identity ◽  
Personal Freedom ◽  
Feminist Literature ◽  
European Court

AbstractIssues of what personal autonomy and identity means are investigated in the context of the European Court of Human Rights’ development of Article 8’s right to respect one’s private life into a right to personal autonomy, identity and integrity with particular reference to French anonymous birthing as explored by that court in Odièvre v France and feminist literature on mothering and autonomy. Although much critiqued by feminists, personal autonomy has been reconceptualised to mean something of worth to women. Yet, this version of autonomy can diverge into two directions in terms of individual identity as evidenced in Odièvre and in feminist literature: self-determination or self-realisation/authenticity. Conclusions are reached that making autonomy dependent on claims to ‘authenticity’ restricts personal freedom and thus ultimately identity.

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