How digitization challenges our values as citizens

@aureliepols The Federation © Competing on Privacy
How digitization challenges
our values as citizens
Aurélie Pols – Manchester June 13th 2018

@aureliepols The Federation © Competing on Privacy 2

Why did this come about?
3

Source:
https://www.theguardian.com
/culture/video/2016/apr/25/p
atrick-stewart-sketch-what-
has-the-echr-ever-done-for-us-
video

What has this morphed into?
5

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT (54 articles, a lot less than the GDPR!)

We are Data Subjects as
• Parents, Caretakers,
• Consumers, Customers,
• Citizens,
• Business Partners, Employees,
• Men and women,
• Young and old,
• ….

The EU vs. the US
The EU has created a privacy culture around “rights talk” that protects
its “data subjects”. In the EU moreover, rights talk forms a critical part
of the postwar European project of creating the identity of the
European citizen.
In the United States in contrast, the focus is on a “marketplace
discourse” about personal information and the safeguarding of
“privacy consumers”. In the United States, data privacy law focuses on
protecting consumers in a data marketplace.
Transatlantic Data Privacy Law, Paul M. Schwartz & Karl-Nikolaus Peifer
8

Technology has transformed both the
economy and social life, and should further
facilitate the free flow of personal data
within the Union and the transfer to third
countries and international organisations,
while ensuring a high level of the
protection of personal data.
General Data Protection Regulation,
recital 6

Autonomy, beyond Dignity
10
Charter of Fundamental Rights of the European Union
Article 1: “Human dignity is inviolable. It must be respected and protected”.
Charter articles Charter text
GDPR Art. 8: Protection
of personal data
1. Everyone has the right to the protection of
personal data concerning him or her.
2. Such data must be processed fairly for
specified purposes and on the basis of the
consent of the person concerned or some
other legitimate basis laid down by law.
Everyone has the right of access to data which
has been collected concerning him or her, and
the right to have it rectified.
3. Compliance with these rules shall be
subject to control by an independent
authority.
ePrivacy Art. 7: Respect
for private and
family life
Everyone has the right to respect for his or her
private and family life, home and
communications.

Source:
https://www.imdb.com/title/
tt0119177/mediaviewer/rm2
491619584

The questions we are faced today
• Economic growth?
• What is happiness?
• Externalities to economic
growth like pollution
• What is the future of work?
• Are incentives aligned to assure
“human flourishing” and inter-
generational solidarity?
• The rule of law is like La Sagrada
Familia: eternally under
construction
12

Economic development & human rights
Digital Single
Market
(DSM)
Charter of
Fundamental
Rights of the
EURoaming
Geo-fencing/
copyright
GDPR
ePrivacy
NIS
Interoperability PS2
13

Which problems?
14

Could values influence the
problems we choose to solve?
Or the society we live in, it’s history…
15

Let me talk about my children
Easy…
16

And yet, I’m teaching my kids to
lie
In order to protect their identities
19

Socio-cultural shifts
1. From the individual to the digital subject
Does the digital representation of persons expose them to new forms of
vulnerability and harms?
2. From analogue to digital life
Digitization puts pressure on our traditional understandings of the scope and
limits personhood, of its non-digital values and non-digital customs
23

3. From governance by institutions to governmentality through data
From suggestions ⥤ nudging ⥤ manipulation
4. From a risk society to a scored society
Puts in doubt the role of solidarity in the face of uncertainty and challenges the
premise of the social contract that makes us a society
24

5. From human autonomy to the convergence of humans and
machines
Shaping our experience of the word in ways that can be difficult to assess
critically
6. From individual responsibility to distributed responsibility
The problems of allocation and attribution of responsibilities are exacerbated
by the networked configuration of the digitized world.
Our conception of responsibility and control are hard to reconfigure in
increasingly complex eco-systems of big data and advanced digital technology.
Rendering algorithms more transparent and accountable can never decrease
or alleviate the responsibility of human agents.
25

7. From criminal justice to pre-emptive
justice
The shift that marks one of the main
backdrops of the digital age and calls for a
new digital ethics is that of trying to predict
criminal behaviour in advance, using the
output of big data-driven analysis and smart
algorithms to look into the future.
26

The new digital age generates new ethical
questions about what it means to be human in
relation to data, about human knowledge and
about the nature of human experience.
Me? I just want my children to be … happy?
27

Explored values & recommendations
ØDignity
ØFreedom
ØAutonomy
ØSolidarity
ØEquality
ØDemocracy
ØJustice
ØTrust
1. The dignity of the person remains inviolable in the
digital age
2. Personhood and personal data are inseparable from
one another
3. Digital technologies risk weakening the foundation
of democratic governance
4. Digitized data processing risks fostering new forms
of discrimination
5. Data commoditization risks shifting value from
persons to personal data
28

So what have I done so far?
31

Source:
https://vublsts.wordpress.com
/2016/07/29/the-european-
handbook-for-teaching-
privacy-and-data-protection-
at-schools/#more-2280

Source: https://www.is4k.es/

What else?
• Common areas in new house: smaller individual
rooms
• Parental controls
• Talk about values: democracy, solidarity, trust
• Report Internet content, complain to business
partners
• Put information into context
• Likes, points, scoring…
• Gymnastics
34

My son knows what I do for a
job…
In his own words: save the world
from the invasion of the robots
35

Thank you for
your attention
aurelie@mindyourprivacy.com
38

How digitization challenges our values as citizens

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