In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account.
Recently, Jardas et al have convincingly defended the patient preference predictor (PPP) against a range of autonomy-based objections. In this response, I propose a new autonomy-based objection to the PPP that is not explicitly discussed by Jardas et al. I call it the ‘objection from higher-order preferences’. Even if this objection is not sufficient reason to reject the PPP, the objection constitutes a pro tanto reason that is at least as powerful as the ones discussed by Jardas et al.
I discuss an influential argument put forward by Hatherley in theJournal of Medical Ethics. Drawing on influential philosophical accounts of interpersonal trust, Hatherley claims that medical artificial intelligence is capable of being reliable, but not trustworthy. Furthermore, Hatherley argues that trust generates moral obligations on behalf of the trustee. For instance, when a patient trusts a clinician, it generates certain moral obligations on behalf of the clinician for her to do what she is entrusted to do. I make three objections to Hatherley’s claims: (1) At least one philosophical account of interagent trust implies that medical AI is capable of being trustworthy. (2) Even if this account should ultimately be rejected, it does not matter much because what we care mostly about is that medical AI is reliable. (3) It is false that trust in itself generates moral obligations on behalf of the trustee.
Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the socalled 'control theory' of the moral right to privacy. We argued that control theorists should define 'control' as what we coined 'Negative Control'. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of Negative Control. In this comment, we show that while the counterexamples are genuine counterexamples, they do not force us to abandon the idea of Negative Control. Furthermore, we reply to two additional objections raised by Lundgren. One of these replies involves giving a new account of what the relation is between the concept of privacy and the right to privacy.
Francis Cheneval has recently argued that people have property rights over personal data about themselves. Until now, the discussion on data ownership has primarily been a discussion among legal theorists and economists. Cheneval contribution to the discussion is a very welcome input from academic philosophy. Cheneval attempts to reach his conclusion through two distinct strategies. One strategy is to reach the conclusion through a Lockean inspired libertarian rights-based theory of property. The second strategy is to reach his conclusion through a Rawlsian account of distributive justice. According to Cheneval, his conclusion can be reached both ways. In this reply, I will focus exclusively on Cheneval argument that people have Lockean inspired libertarian property rights over personal data. I will offer an objection, which-if correct -demonstrates demonstrates how Cheneval Lockean argument runs into a dilemma.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.