Group Privacy: New Challenges of Data Technologies

249 Pages·2017·2.79 MB·English

by  Linnet Taylor

Philosophical Studies Series
Linnet Taylor
Luciano Floridi
Bart van der Sloot Editors
Group
Privacy
New Challenges of Data Technologies
Philosophical Studies Series
Volume 126
Editor-in-Chief
Luciano Floridi, University of Oxford, Oxford Internet Institute, United Kingdom
Mariarosaria Taddeo, University of Oxford, Oxford Internet Institute, United Kingdom
Executive Editorial Board
Patrick Allo, Vrije Universiteit Brussel, Belgium
Massimo Durante, Università degli Studi di Torino, Italy
Phyllis Illari, University College London, United Kingdom
Shannon Vallor, Santa Clara University
Board of Consulting Editors
Lynne Rudder Baker, University of Massachusetts at Amherst
Stewart Cohen, Arizona State University, Tempe
Radu Bogdan, Tulane University
Marian David, University of Notre Dame
John M. Fischer, University of California at Riverside
Keith Lehrer, University of Arizona, Tucson
Denise Meyerson, Macquarie University
François Recanati, Institut Jean-Nicod, EHESS, Paris
Mark Sainsbury, University of Texas at Austin
Barry Smith, State University of New York at Buffalo
Nicholas D. Smith, Lewis & Clark College
Linda Zagzebski, University of Oklahoma
More information about this series at http://www.springer.com/series/6459
Linnet Taylor • Luciano Floridi
Bart van der Sloot
Editors
Group Privacy
New Challenges of Data Technologies
Editors
Linnet Taylor Luciano Floridi
Tilburg Institute for Law, Technology Oxford Internet Institute
and Society University of Oxford
Tilburg University Oxford, UK
Tilburg, The Netherlands
Bart van der Sloot
Tilburg Institute for Law, Technology
and Society
Tilburg University
Tilburg, The Netherlands
Philosophical Studies Series
ISBN 978-3-319-46606-4 ISBN 978-3-319-46608-8 (eBook)
DOI 10.1007/978-3-319-46608-8
Library of Congress Control Number: 2016961701
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Acknowledgements
This book had its genesis in a serendipitous conversation between Linnet Taylor and
Luciano Floridi at the Oxford Internet Institute in early 2014. Subsequently, Mireille
Hildebrandt became part of this discussion, and in September 2014, in cooperation
with Bart van der Sloot, we organised a workshop on the topic of group privacy at
the University of Amsterdam which generated several of the chapters that follow.
We thank Isa Baud, Karin Pfeffer and the Governance and International Development
group at the University of Amsterdam for supporting that workshop and also attend-
ees including Mireille Hildebrandt, Beate Roessler, Nico van Eijk, Julia Hoffman
and Nishant Shah, who contributed important ideas and insights to the discussion.
For further illuminating conversations, insights and opportunities, we also thank
Julie Cohen, Nicolas de Cordes, Rohan Samarajiva and Gus Hosein.
Finally, with thanks to Dennis and Olivia Broeders for patience and support, and
to Julia, who was there right at the start.
v
Contents
1 Introduction: A New Perspective on Privacy ........................................ 1
Linnet Taylor, Luciano Floridi, and Bart van der Sloot
2 Safety in Numbers? Group Privacy and Big Data Analytics
in the Developing World ......................................................................... 13
Linnet Taylor
3 Group Privacy in the Age of Big Data ................................................... 37
Lanah Kammourieh, Thomas Baar, Jos Berens, Emmanuel Letouzé,
Julia Manske, John Palmer, David Sangokoya, and Patrick Vinck
4 Beyond “Do No Harm” and Individual Consent: Reckoning
with the Emerging Ethical Challenges of Civil Society’s
Use of Data ............................................................................................... 67
Nathaniel A. Raymond
5 Group Privacy: A Defence and an Interpretation ................................ 83
Luciano Floridi
6 Social Machines as an Approach to Group Privacy ............................. 101
Kieron O’Hara and Dave Robertson
7 Indiscriminate Bulk Data Interception and Group Privacy:
Do Human Rights Organisations Retaliate Through
Strategic Litigation? ............................................................................... 123
Quirine Eijkman
8 From Group Privacy to Collective Privacy: Towards a New
Dimension of Privacy and Data Protection in the Big Data Era ........ 139
Alessandro Mantelero
9 The Group, the Private, and the Individual:
A New Level of Data Protection? ........................................................... 159
Ugo Pagallo
vii
viii Contents
10 Genetic Classes and Genetic Categories: Protecting
Genetic Groups Through Data Protection Law ................................... 175
Dara Hallinan and Paul de Hert
11 Do Groups Have a Right to Protect Their Group Interest
in Privacy and Should They? Peeling the Onion of Rights
and Interests Protected Under Article 8 ECHR ................................... 197
Bart van der Sloot
12 Conclusion: What Do We Know About Group Privacy? .................... 225
Linnet Taylor, Bart van der Sloot, and Luciano Floridi
About the Authors
Thomas Baar Within HumanityX (Centre for Innovation, Leiden University),

Thomas supports organisations working in the peace, justice and humanitarian sec-
tor to spearhead innovations in order to increase their impact on society. As part of
an interdisciplinary team, he helps partners to turn ideas into working prototypes
over short periods of time. With a background in conflict studies and responsible
innovation, he focuses in his work and research on both the opportunities and (data
responsibility) challenges offered by data-driven innovations for peace and justice.
Jos Berens was educated in law and philosophy, and having held prior positions at
the Dutch Foreign Ministry and the World Economic Forum, currently heads the
Secretariat of the International Data Responsibility Group, a collaboration between
the Data & Society Research Institute, Data-Pop Alliance, the GovLab at NYU,
Leiden University and UN Global Pulse. Together, these partners advance the
agenda of responsible use of digital data for vulnerable and crisis-affected popula-
tions. Jos is project officer at Leiden University’s Centre for Innovation, where he
focuses on the risks, and the ethical and legal aspects of projects in the HumanityX
program.
Paul de Hert is an international fundamental rights expert. The bulk of his work is
devoted, but not limited, to technology & privacy law, criminal law, human rights
law and constitutionalism in an historical perspective. In Brussels, Prof. Dr. De Hert
holds the chair of “Criminal Law” and “International and European Criminal Law”.
At the Vrije Universiteit Brussel, he is the Director of the Research group on
Fundamental Rights and Constitutionalism (FRC), Director of the Department of
Interdisciplinary Studies of Law (Metajuridica), Co-Director of the Research group
on Law, Science, Technology & Society (LSTS) and Co-Director of the Brussels
Privacy Hub. In Tilburg he holds a position as an associated-professor in the Institute
of Law and Technology at the Tilburg University. He is a member of the editorial
boards of journals such as the Inter-American and European Human Rights Journal
ix
x About the Authors
(Intersentia), Criminal Law & Philosophy (Springer) and The Computer Law &
Security Review (Elsevier). He is co-editor in chief of the Supranational Criminal
Law Series (Intersentia) and the New Journal of European Criminal Law
(Intersentia).
Quirine Eijkman (PhD.) is a senior researcher/lecturer at the Centre for Terrorism
and Counterterrorism of the Faculty Campus The Hague, Leiden University, and the
head of the Political Affairs and Press Office of Amnesty International Dutch sec-
tion. This paper is written in her personal capacity. Her research focuses on the
(side) effects of security governance for human rights, transitional justice and the
sociology of law. She teaches (master) courses on security and the rule of law and
international crisis and security management.
Luciano Floridi is professor of philosophy and ethics of information at the
University of Oxford, where he is the director of research of the Oxford Internet
Institute. Among his recent books, all published by Oxford University Press, are
The Fourth Revolution: How the Infosphere Is Reshaping Human Reality (2014),
The Ethics of Information (2013) and The Philosophy of Information (2011). He is
a member of the EU’s Ethics Advisory Group on Ethical Dimensions of Data
Protection and of the Google Advisory Board on “the right to be forgotten” and
chairman of the Ethics Advisory Board of the European Medical Information
Framework.
Dara Hallinan studied law in England and Germany and completed a Master’s in
Human Rights and Democracy in Italy and Estonia. From 2011, he worked at
Fraunhofer ISI before moving to FIZ Karlsruhe – Leibniz-Institut für
Informationsinfrastruktur in 2016. The focus of his work is the interaction between
new technologies – particularly ICT and biotechnologies – law and society. He is
writing his PhD on ‘The Role of Data Protection Law in Protecting Genetic Privacy
in Research Biobanking’ at the Vrije Universiteit Brussel in Belgium.
Lanah Kammourieh is a privacy and cybersecurity lawyer and policy professional.
She is also a doctoral candidate at Université Panthéon-Assas (Paris 2). Her legal
research has spanned topics in public international law, such as the lawfulness of
drones as a weapons delivery platform, as well as privacy law, such as the compared
protection of email privacy under U.S. and E.U. legislation. She is a graduate of
Université Panthéon-Assas, Sciences Po Paris, Columbia University, and Yale Law
School.
Emmanuel Letouzé is the director and co-founder of Data-Pop Alliance. He is a
visiting scholar at MIT Media Lab, a fellow at HHI, a senior research associate at
ODI, a non-resident adviser at the International Peace Institute and a PhD candidate
(ABD) in demography at UC Berkeley. His interests are in Big Data and develop-
ment, conflict and fragile states, poverty, migration, official statistics and fiscal pol-
icy. He is the author of the UN Global Pulse’s White Paper, “Big Data for Development: