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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