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
- The UK GDPR requires positive opt-in consent for all organizations (Information Commissioner's Office). The US could adopt a similar policy.
- 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)
I think personal privacy has been slowly diminishing for years, however, most people do not realize the degree or care. Everyone agrees to the terms and conditions when they sign up for something and click "allow cookies" without batting an eye. It seems to me people will simply continue to unknowingly/thoughtlessly sign away personal privacy without realizing it. It may become obsolete one day, but I am not sure we will even realize that it has.
ReplyDeleteI agree entirely that personal privacy has been slowly diminishing for years. Unfortunately, this is due to not only the extensive terms and conditions that no one reads through, but also because we have become careless with how we handle our own personal privacy. In large part, I do believe that to be the rapid expansion of technology, and how accustomed many people are to the idea that we are privy to being taken advantage of with our data and privacy.
DeleteThanks for your comment Lindsay! I agree, many people don't know about protective privacy steps.
DeleteHannah, this was a great summary of some of they main privacy issues we talked about this semester. I agree with you that I think privacy and transparency will both continue to be balanced in the future. I do think that with the rise of the internet, privacy has been deteriorating, but I don't think it will ever completely go away. Part of the issue now is that people don't realize just how much of their information is being collected so they don't feel like their privacy is being violated. I think that this will start to change though as some companies make more transparent policies and others are held to similar standards. I also think that if privacy violations become more obvious, the general public will demand change.
ReplyDeleteTrue. It is sad to see people, especially of older ages, not aware of how their data is being handled or collected. I do believe there is fault with the firms and organizations however, who do make their data capture rules less easy to read and understand. In the future, I hope to see more action being taken by companies to be more transparent in their data collection practices.
DeleteThanks for your comment Alex! You bring up a great point about public demands.
DeleteI loved the way you formatted this post, it was so useful and informational! I tend to think that governmental transparency is important for both the people in power and the constituents in order to prioritize valid reasons for national security, but I also think that personal privacy is really important to retain as much as possible. As we digitize our lives, we absolutely should be wary of the risk of our privacy rights getting taken from us in subtle ways. This manifests in Terms and Conditions, because although there's is an obvious need to disclose these things, most of the time, there is no other choice, so while they give you the illusion of choice, they know that you're going to have to sign it and accept all of it even if you don't necessarily agree with all of it. I have a pretty pessimistic view of how the future of digital privacy will turn out, but I also have no choice but to hope that there is a shift in tech ethics.
ReplyDeleteYes! Great post and I loved the charts you used, to show the decision making and rationale behind certain people accepting how their data is used.
DeleteThanks Wen and Ryan!
DeleteGreat post! I loved the visual aids you used to supplement to help convey the idea that digital privacy has been on the forefront of issues discussed both in government and by corporations and how the issue of transparency is also crucial. I think moving forward, given all the information we have learned, the biggest barrier in terms of safeguarding of privacy is knowing how our data is accessed and used. To this end, I agree with Wen that we need to make the terms and conditions more transparent, easier to understand from the basic consumer, so they can make better informed decisions about how they want their data to be accessed.
ReplyDeleteThanks for your comment Ryan!
DeleteIn a pessimistic approach, I don't think privacy will exist at all in 20 years' time. As technology continues to advance, information collection becomes easier and easier. Just the other day I had a friend tell me that he kept getting recommended my TikTok reposts, despite his account not being tied or connected to any other accounts related to my own. If it's that easy for technology to connect two people, then the worst is yet to come. Furthermore, I highly doubt the government would continue to allow privacy beyond it being a facade, as even now the government collects data. Post 9/11, the US Government habitually spied on its citizens in secret, and there is no way to say they aren't doing it again now, and won't do it again in the future.
ReplyDeleteThat's crazy to hear about your friend being recommended your posts. Hopefully future safeguards and more critical eyes on digital privacy will emerge.
DeleteThis was a great post. Not only did you summarize everything in this semester, you talked about transperency. I like how you talked about their are the creation of consent opt in laws for companies in the United Kingdom. I also really liked how you talked about how the privacy and collection laws vary from states. Overall really good post and a great way to end the semester.
ReplyDeleteThanks Jaskehar!
DeleteThis is a nice post to read to conclude our weekly blog posts! Personally, I don't think privacy will become obsolete, but it will certainly change. Governments may find new ways to monitor citizens, but I think there will be enough pushback to ensure that they don't overstep. I think the rise of things like VPNs shows that there are still people who have a significant interest in personal privacy and will fight for it.
ReplyDeleteThanks Andrew!
DeleteI think that privacy will likely diminish in the future. I think that because so few people care about privacy and they think that they have nothing to hide there is less and less of an emphasis placed on the importance of it, and so people don’t care to learn about the real implications. I read they allow all cookies, use default settings, and agree to all terms and conditions. I think that privacy will still exist in some capacity, but it will be less important and protected than what it is now.
ReplyDeleteI agree Nate, many people do not have a strong understanding of privacy or digital privacy.
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