Interestingly I was not intimating that surveillance or secret
surveillance was connected to determining how ones personal data may be
used. Clearly, ordinarily, a DP purpose attempts to provide the
determination you speak of, but fails as often as individuals
themselves do to be able to apply a level of confidentiality to
personal data they may share with others.
Plainly one could apply very
similar interpretive arguments to the word surveillance and in that
same vein it is equally possible to argue that personal
data/information cannot affect privacy once it has been shared with
others. Those and other possible interpretive issues however do not
dilute the basic message being communicated by the definition as a
whole; In some spheres ordinary surveillance is now perceived as not
intruding on privacy and that restrictions are the driving force behind
individual privacy when applied to personal data, which appears a very
simplistic understanding of privacy. On each reading of the definition
the question has occurred to me “is this a joke”.
Your analogies of
peeping tom and person viewing personal data are quite apt in many
senses, as the legal sphere attempts to restrict normal inquisitiveness
about personal data in many of the principles, the definitions,
interpretations, guidance, and offences as a way of implementing
respect, and in that way contributes to that definition and the
allegations that DP suppresses innovation. A pedantic observation which
could be intimated from this is ‘respect is dying’.
However these
definitional diversions do only serve to dilute the issue being raised,
which is a definition from in the wild indicating an environmental
impact separately made by the progress of surveillance and data
protection revealing at the least a chasm in the educational
environment which appears to be being widened rather than narrowed by
current processes.
Ian W
-----Original Message-----
From: This
list is for those interested in Data Protection issues [mailto:data-
[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 05
February 2011 20:22
To: [log in to unmask]
Subject: Re:
[data-protection] A 21st century definition of privacy.
Ian
I do not
think I would agree with your analysis of the definition. I would read
the first 'and' in a disjuntive way. i.e. Determing whether, when,
how, and to whom, one's personal or organizational information is to be
revealed, is entirly separate from secret (or any) surveillance.
The
two parts are needed. The second is not enough on its own as it would
not cover the 'peeping tom', personal or official, who never revealed
anything .
-----Original Message-----
From: This list is for those
interested in Data Protection issues [mailto:[log in to unmask]
AC.UK] On Behalf Of Ian Welton
Sent: 05 February 2011 19:28
To: data-
[log in to unmask]
Subject: [data-protection] A 21st century
definition of privacy.
privacy
Definition
In general, the right to
be free from secret surveillance ....
http://www.businessdictionary.com/definition/privacy.htmlThe word
'general' is further refined to mean - applies to everybody.
The item
has existed like this for some time and from the complete entry one is
drawn towards considering the definition being legally determined as a
result of the public surveillance environment and restrictive data
protection regulations rather than any wish to respect peoples
privacy.
And it is a view which in many spheres today could not be
said to be lacking or incorrectly interpreted.
For anybody unable to
access the
web the whole text, less the further definition links, is
reproduced below.
'In general, the right to be free from secret
surveillance and to determine whether, when, how, and to whom, one's
personal or organizational information is to be revealed. In specific,
privacy may be divided into four categories (1) Physical: restriction
on others to experience a person or situation through one or more of
the human senses; (2) Informational: restriction on searching for or
revealing facts that are unknown or unknowable to others; (3)
Decisional:
restriction on interfering in decisions that are exclusive
to an entity;
(4) Dispositional: restriction on attempts to know an
individual's state of mind.'
Ian W
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