Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework

Abstract

Conceptualizing privacy as information flow rules-in-use constructed within a commons governance arrangement, we adapt the Governing Knowledge Commons (GKC) framework to study the formal and informal governance of information flows. We incorporate Helen Nissenbaum's “privacy as contextual integrity” approach, defining privacy in terms of contextually appropriate flows of personal information. While Nissenbaum's framework treats contextual norms as largely exogenous and emphasizes their normative valence, the GKC framework provides a systematic method to excavate personal information rules-in-use that actually apply in specific situations and interrogate governance mechanisms that shape rules-in-use. The GKC framework thus directs attention beyond information transmission principles to a broader spectrum of rules-in-use for personal information and supports consideration of procedural legitimacy. After discussing how the GKC framework can enrich privacy research, we explore empirical evidence for contextual integrity as governance within the GKC framework through meta-analysis of previous knowledge commons case studies, revealing three governance patterns within the observed rules-in-use for personal information flow. Though constrained by existing literature, our theoretical analysis provides strong justification for a new research agenda using the GKC framework to explore privacy as governance. We conclude by discussing potential implications for policy-makers of viewing privacy through an information governance lens.

Alternatives for the Internet: A Journey into Decentralised Network Architectures and Information Commons

“…Privacy and commons may intuitively seem at odds, but proposals to apply the analytical framework of knowledge commons to private data, seen as contextualised personal information flow, have been made (Sanfilippo, Frischmann and Standburg 2018). Aufrère and Maurel (2018) propose the linking of privacy to labour law negotiation mechanisms and social protection, in order to develop a legal framework to protect social rights on data we generate as digital labour collective rights and to exploit them as a commons.…”

Public Facebook Groups for Political Activism

“…This comparative case study employs an empirical framework that we developed in earlier work (e.g. Sanfilippo, Frischmann, and Strandburg, 2018), in which we synthesized contextual integrity analysis (Nissenbaum, 2009) with the Governing Knowledge Commons (GKC) framework (e.g. Madison, Frischmann, and Strandburg, 2014) for institutional analysis of commons governance of knowledge (e.g.…”

“…In order to better understand what these cases can reveal about privacy as governance of personal information flow, in the context of political activism and for organizations coordinating through Facebook, we employ the Governing Knowledge Commons framework, which we have recently adapted for the study of privacy (Sanfilippo, Frischmann, and Strandburg, 2018).…”

Contextual Integrity as a Gauge for Governing Knowledge Commons

“…The appropriateness of information flows is defined in context, with respect to established norms in terms of their values and functions. Recent research has operationalized CI to capture users' expectations in varied contexts (Apthorpe et al, 2018;Shvartzshnaider et al, 2016), as well to analyze regulation (Selbst, 2013), establish research ethics guidelines (Zimmer, 2018), and conceptualize privacy within commons governance arrangements (Sanfilippo, Frischmann, and Strandburg, 2018).The GKC framework examines patterns of interactions around knowledge resources within particular settings, labeled as action arenas, by identifying background contexts; resources, actors, and objectives as attributes; aspects of governance; and patterns and outcomes (Frischmann, Madison, and Strandburg, 2014). Governance is further analyzed by identifying strategies, norms, and rules-in-use through an institutional grammar (Crawford and Ostrom, 1995).…”

“…The appropriateness of information flows is defined in context, with respect to established norms in terms of their values and functions. Recent research has operationalized CI to capture users' expectations in varied contexts (Apthorpe et al, 2018;Shvartzshnaider et al, 2016), as well to analyze regulation (Selbst, 2013), establish research ethics guidelines (Zimmer, 2018), and conceptualize privacy within commons governance arrangements (Sanfilippo, Frischmann, and Strandburg, 2018).…”