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DATA-PROTECTION  February 2011

DATA-PROTECTION February 2011

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Subject:

PNR Directive analysis link

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Thu, 10 Feb 2011 11:22:59 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (100 lines)

http://www.edri.org/edrigram/number9.3/commission-pnr-directive
Further 
confirming the recent Hawktalk analysis.

With the EU being a union of 
nation states and hence politically required to accommodate the wishes 
of member nation states within the wider regulations the conclusion 
must be the regulations of some EU countries are not proportionate, so 
which ones are not, and why are member states and their legal regimes 
as a whole content to accept that situation within EU wide 
regulations?  I would conjecture that the UK need not worry about the 
pressure for the non-compliance of its laws.

The article caused me to 
again consider: If any given society determines its own boundaries, are 
its members the attendants or the patients in the following extract.  
(View surveillance (in the widest sense) as coercive by its 
imposition.)

=

Conversely, where a system engages in coercive 
surveillance, mistrust and angst are likely to result. Customer 
mistrust of or angst about the information practices of a system is 
likely to lead to reduced release of information, tolerance of 
misinformation, release of disinformation, and greater resistance to 
receipt of information from the system. In the face of the resultant 
information problems, the system can either increase reliance on trust 
or increase reliance on coercive surveillance. The former action is 
likely to be counterproductive in the short term unless the underlying 
mistrust or angst on the part of the customer is addressed and removed. 
The latter action, if known to the consumer, will further decrease 
trust, giving rise to a spiral of mistrust. This was aptly expressed in 
1856 in relation to asylums: "It is essential in all intercourse with 
the patients that the attendant's conduct should be soothing. It must 
never be distrustful; but above all, while a constant surveillance is 
necessary, it is important the he be not obtrusive or unnecessarily 
interfering." - W. H. O. Sankey, Do the public asylums of England, as 
at present constructed, afford the greatest facilities for the care and 
treatment of the insane? Asylum Journal of Mental Science 2 (1856): 
470, quoted in C. Philo, "Enough to drive one mad": The organization of 
space in 19th-century lunatic asylums, in The Power of Geography, ed. 
J. Wolch and M. Dear (Unwin Hyman, 1989).

Samarajiva R. Technology and 
privacy : the new landscape. Interactivity As Though Privacy Mattered. 
In: Agre PE, Rotenberg M, eds. Cambridge, Mass.: MIT Press, 1998: 284. 


=


Also when considering counters to the customer mistrust identified 
above, it would appear that increased surveillance is/has been directed 
as identified. And covert mechanisms to counter the mistrust mentioned 
could be argued to be present in much of the data sharing and matching 
this type of debate, as well as the commercial marketing/data matching 
ones are about, as mention of trust is rarely seen in those areas 
(although mistrust frequently is).

Deliberating about the individual 
privacy concepts projected into the social space strengthening the 
power elements in this way, a second quote by the same author sums it 
up quite nicely.

=

Once coercive surveillance become routinized and 
taken for granted, the prospects for privacy and trust conducive 
outcomes are likely to be quite dim.

Samarajiva R. Technology and 
privacy : the new landscape. Interactivity As Though Privacy Mattered. 
In: Agre PE, Rotenberg M, eds. Cambridge, Mass.: MIT Press, 1998: 302. 


=

Is this then the becoming a disrespectful age or an age of 
distrust?



Ian W

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