Transparency vs Privacy in the US
The Current State of Transparency vs Privacy in the US
Most Americans* are concerned about their personal privacy and believe that it has worsened over the past five years (Pew Research). And this concern is understandable. Today, people are more interconnected than ever to potential privacy risks, ranging from their smartphone to their smart thermostat (New York Times). For instance, in January (2023), T-Mobile announced a data breach of 37 million active users (National Cyber Security Alliance). Unfortunately, massive data breaches like T-Mobile is fairly common, giving Americans good reason to be wary of privacy related issues.
At the same time, Americans are more likely to lean towards data collection in specific cases of national security (Pew Research).
In this case, Americans justify a reduced sense of privacy and greater transparency for physical and national security. This suggests that Americans view individual privacy rights as important until a significant threat exists.
However, when we shift away from privacy and transparency of the individual, towards government privacy and transparency, we witness a distinct tension. I think the tension exists between transparency and privacy because it is reflective of the tension between individual rights and government involvement. This has been a historic issue since the draft of America's first laws emerged. How much should a government intervene with individuals due to a matter of security, administration and overall societal benefit? Governments have legitimate concerns to maintain some level of intrusiveness over their constituents. Further, governments have legitimate reasons to keep documents, plans, etc. private from the public.
But many argue that a well run democracy is one that is transparent (White House, Former President Obama). So, how do we reconcile both government concern with transparency vs privacy and individual rights for privacy?
The prompt has asked me to predict our world in 20 years in terms of privacy and transparency. At best, I think I can predict future issues and some preventive measures which I've laid out below:
Issue 1: The Intersection Between Privacy and Civil Rights
Privacy and Civil Rights is a concern globally but has significant cases in the US. In the 1950s and 1960s, the federal government surveilled Black Americans who fought against structural racism (Lai & Tanner, 2022). The US government used the FBI's counterintelligence program to target Dr. Martin Luther King, Jr. and members of the Black Panther Party (Lai & Tanner, 2022).
Current day issues include access to abortion and reproductive healthcare. Samantha Lai and Brooke Tanner, researchers at Brookings found that "judges have based past convictions of abortion seekers on evidence collected from people’s location data, text messages, and online activity" (Lai & Tanner, 2022). In 2017, a Mississippi woman's online search for abortion drugs were submitted and used as evidence in a trial on the death of her fetus (Washington Post, 2022). Other current day civil rights issues include the LGBTQ+ community, activists, and policing.
Issue 2: The Global Conundrum: Balancing State Responsibility and Human Rights
Most states (talking about countries now, not US states) are members of the United Nations. Implied in their signature, and hopeful ratification of treaties (makes treaties legally binding), is a commitment to transparency. An essential component of UN member states is transparency. It's part of the UN's good governance policy (OHCHR). Without it, policing and reports are limited. However, states obviously have an obligation to their constituents and may have legitimate reasons for tighter privacy. In the future, I see more ethical and legal situations regarding privacy and transparency on the global stage (Draper, 2012).
Issue 3: In an Age of Technology: Genetic Transparency and Privacy
With the exponential rise of genetic technology, the medical and legal community are quickly having to adapt and form privacy and transparency measures (Dreyer, 2016). The GENA (Genetic Information Nondiscrimination Act, 2008) was the first significant US measure to address genetic related privacy concerns. But the field of genomics and genetic research has taken off so fast and been applied so liberally to all fields, privacy and ethical issues are becoming a major concern (Tyranny of the Gene, James Tabery). Using genetic testing for embryos to identify the most "viable" (likeliness for disease and more often Polygenic Risk Scores which are probabilistic) has become a hot topic for ethics and privacy. Lastly, there's ideas in the academic field for genetic testing to assign "pathways" for school children (Shero, 2021). ie. A child shows a "genetic propensity" for math and is placed in Honors Math. Preventive Measures
- Robust Data Collection and Sharing Rights
- Currently in the US privacy and data collection rights are fragmented across states. Having federal laws would ease operational concerns for companies and, if well drafted, protect consumers.
- Opt-in Consent
- Non-discrimination Act
- A company should not discriminate against a user exercising their privacy rights. For instance, a company can't block information from a user that exercises their privacy rights.
Obviously it's difficult to predict the future but I don't think (and truly hope) that personal privacy will be a thing of the past. More likely, there will be pulls on the metaphorical balance of transparency vs privacy. Some policies and social movements will lead towards more privacy and vice versa. Overall, I doubt neither transparency nor privacy rights will disappear.
I'd love to hear what you all think. In 20 years, what will the world look like in terms of privacy and transparency? Will personal privacy become obsolete in the face of advancing technology?
*(not sure how diverse or representative the study sample was)
