How to protect privacy in a datafied society? A presentation of multiple legal and conceptual approaches

Abstract

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches emphasises particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy (differential privacy, contextual integrity, group privacy) and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches.

Privacy in LA Research

“…This variety of stakeholders and potential data users means that LA systems span several social contexts. Preservation of contextual integrity (Gstrein & Beaulieu, 2022) is therefore a matter of concern, and requires understanding of what these social systems are and how information sensitive to privacy can be kept within a socially accepted context of exchange.…”

“…In sum, the overall lack of privacy definition and conceptualization in LA can serve to further slow down the development of effective data-driven decision-making in educational settings for improved learning and teaching. To address this gap, LA scholars may start from the already existing understandings and definitions of privacy established in other fields (e.g., Margulis, 2003;Smith et al, 2011;Xu et al, 2011) and different legal and conceptual approaches to privacy protection in the broader context of datafication (Gstrein & Beaulieu, 2022). At the same time, the LA community should consider the contextual nature of privacy in LA (e.g., Hoel & Chen, 2019;Jones, Rubel et al, 2020;Jones et al, 2021).…”

Privacy Is Dead, Long Live Privacy!

“…However, one question that needs to be considered is what the goal of any reaction or measure is, or rather what it can be? While many argue that we should strive to protect privacy (Gstrein & Beaulieu, 2022), in our increasingly digitalized and datafied society this goal can easily become unattainable. If we consider the pervasion of everyday life by digital media and online platforms that continuously collect and make use of large numbers and wide varieties of our data, it follows that fighting for privacy is an uphill battle, which cannot be won if the goal is to protect and defend privacy as we know it.…”

Privacy is dead, long live privacy! Two diverging perspectives on current issues related to privacy

“…However, one question that needs to be considered is what the goal of any reaction or measure is, or rather what it can be? While many argue that we should strive to protect privacy (Gstrein & Beaulieu, 2022), in our increasingly digitalized and datafied society this goal can easily become unattainable. If we consider the pervasion of everyday life by digital media and online platforms that continuously collect and make use of large numbers and wide varieties of our data, it follows that fighting for privacy is an uphill battle be won if the goal is to protect and defend privacy as we know it.…”