The Right to Privacy

26 January 2012

这周我们要问关于隐私权的问题。

这是我们需要从理清概念开始的时候。“private”和“privacy”有几种不同的用法。这两个词都源自拉丁语中的“privus”,意思是“单一的”或“个人的”。私有通常与公开是对立的;隐私意味着以这样或那样的方式远离公众。

In philosophy, we often say that one’s inner mental life is private, which means only you can know what you are thinking and feeling. Other people don’t have the same kind of direct access to your thoughts and feelings as you do.

I don’t need to do anything special in order to keep my thoughts private in this way. I don’t really withdraw them from the public; they come to me already private. But that’s not the case with most other things. You put curtains in your bedroom to keep what goes on there private. You put a fence around your house, to keep nosy neighbors out.

That’s because you consider your home your private sphere, a space where you can do what you want without anybody watching or interfering. It’s a place where you expect to be able to do what you want without fear of being “molested” by others, as John Stuart Mill put it. That’s one kind of privacy we take measures to protect. And we might ask whether we have arightto that particular kind of privacy.

There’s also another important sense of privacy, which is about access to information. We like to be able to control and limit the access others have to our personal information. For example, I lock my diary, and password protect my financial files. We like to control who canaccessour personal information. And we also like to controlhowpersonal information can beusedwhen it is accessible.

So, we want privacy, in the sense of having some control about what others know about us. And we want privacy, in the sense of being left alone, to make our own decisions. I’m wondering what these different senses of privacy have in common. Do they have a shared source?

我认为这两者都源于做人的意义。人类生来就具有使他们彼此不同的个体属性——他们自己的信仰、欲望、价值观。他们有能力决定自己要做什么,并在这些决定的基础上控制自己的身体。隐私的两个概念都承认了作为人类的基本方面。

Does this mean that simply by being human we have arightto privacy? And if so, what is the source of this right? Is it derived from a more fundamental right, like the right to protect ourselves from harm, or is it simply based upon human individuality and autonomy? If I have arightto privacy, does that mean you have a correspondingdutynot to spy on me or nose about in my personal business?

这既取决于你窥探我私人事务的目的,也取决于我私下想干什么。我们承认政府可能在某些情况下侵犯您的隐私;例如,当有证据表明你所做的事情可能会导致一些重大的危险或对他人造成伤害时。如果隐私权是一种权利的话,那么它似乎并不是绝对的。在某些情况下,侵犯一个人的隐私是可以的。

随着现代科技的发展,这样做变得更容易了——窃听设备、GPS设备、到处都是摄像头。似乎我们对隐私的期望也在改变,因为这些技术的进步,反过来似乎导致我们的权利慢慢被侵蚀。那些长大后在脸书、推特或其他任何他们每次挠头或挖鼻孔时都会暴露自己内心想法和私人照片的孩子,成年后还会有隐私吗?

Comments(13)


Guest's picture

Guest

Thursday, January 26, 2012 -- 4:00 PM

I think you have addressed

I think you have addressed the matter of privacy before in this blog. Maybe yes;maybe no. In either case, I have said privacy is dead. Even wrote an essay about that. Rights? What are those, in a world where natural selection rules. Your previous, regarding democracy is just another tile in the mosaic. Bill of Rights; Ten Commandments---these tenets and many others are merely contrivances, designed to coerce humans into behaving correctly---equitably---ethically---morally, and most of all: persuading us, somehow, that it is not in our best interests to willy-nilly, kill each other. We ain't listening. Or, we could be listening, yet refusing to hear. Give a listen to the pop tune by Mike and The Mechanics: The Living Years---it says a lot in fewer than four minutes. To me, anyway.

Guest's picture

Guest

Saturday, January 28, 2012 -- 4:00 PM

Not said, how Facebook's sea

Not said, how Facebook's sea change was not social networking per se - that was old - it was that its users began using their REAL NAMES. Consider Facebook's predecessor, MySpace, where users would create catchy handles, for example, 'CorgiFan'. That's way more under the radar, than say, Joan Smith on Facebook, where anyone can find her just by entering her name in the search. Interesting, no?

Guest's picture

Guest

Saturday, January 28, 2012 -- 4:00 PM

Where does the concept of

Where does the concept of personal privacy intersect with the idea of larger issues of social benefit, especially when there is a conflict between the two? One example of this is the use of surveillance cameras for public safety conflicting with the individual's anonymity.
However, this show brought up another interesting case. In the discussion of smart meters as an invasion of personal privacy, another side of this issue is the intent to optimize and reduce utility usage. And there is certainly a valid argument to be made that this is an issue of larger social need in terms of climate issues and energy independence. Individuals' energy usage habits impact everyone, so where does someone's right to privacy collide with another's right to live in a healthy environment?
In an example like this, is the real issue an insistence that an individual's right to privacy outweighs all of our rights to a decent environment? Or does this come back to fear of what might be done with the collected data outside of the context in which it is collected? And does that imply that the issue is not really an issue of privacy but rather of responsible use of private data?

Guest's picture

Guest

Saturday, January 28, 2012 -- 4:00 PM

One thing that was brushed

有一件事被你们的一位演讲者忽视了(虽然我希望是无意的),他提出需要同意或同意(不记得用了哪个词)才能允许非政府实体以其他方式收集或存储私人信息或与他人共享,这让我感到震惊,因为没有人对此提出质疑,&这位演讲者似乎认为要求“同意”或同意披露或无限期存储是一种解决方案。
Hasn't anyone noticed that virtually all corporations use "agreements" that the consumer MUST sign, to get any services or products. Thus, for example, proposing that google can't share its private information collected about you, without your agreement or consent, is a useless right these days! Have you read through the often-tedious, lengthy, & totally self-serving "agreements" corporations from banks to on-line services REQUIRE you to sign before you'll have access to ANYTHING. Have you ever tried to amend the contract or strike the term allowing them to do anything they want with the information they collect on you? Not likely!
这就是我在法学院学到的“黏附合同”(或者更正式的,黏附合同)——完全由“交易”一方起草的合同,出于他们的目的,不允许另一方做出任何改变,因此一方被迫同意,对合同条款没有讨价还价的权力。不幸的是,对于任何与消费者权利、隐私权或任何其他个人权利有关的人来说,法院已经削弱了粘附合同的原则(最初被认为是不可执行的,因为它们根本不是真正的交易,并且为每一方想要的条款讨价还价的能力&在法律上传统上被称为“思想的会议”是一个骗局)。现在,几乎没有合同被法院认定为粘附合同,无论多么霸道,无论消费者绝对没有能力就条款讨价还价,无论消费者绝对没有能力拒绝同意一个令人反感的特定条款,比如放弃个人隐私权。
我之所以提到这一点,是因为粘附合同不可强制执行的教条的阉阉性意味着,我们被要求同意的合同,几乎每一个软件、服务、互联网接入,以及我们在互联网上保存东西或张贴任何期待隐私的能力,要求我们放弃任何这样的权利。在你的发言人明显进步的提议下,我们可以同意放弃对我们发布到facebook或存储在互联网上的信息的隐私权;然而,现实是,我们必须放弃这种权利,才能使用任何这些服务。因此,尽管我相信这是一个善意的建议,他提供了一个我们可能永远不会在现实世界中使用的权利!
如果提案允许我们需要强制执行的公司可以要求我们“同意”放弃我们所有的权利,那么为什么还要费心提出这样的权利呢?

Guest's picture

Guest

Sunday, January 29, 2012 -- 4:00 PM

I think that searching in the

I think that searching in the constitution for a "right to privacy" is an example of the type of trap feared by some who opposed the Bill of Rights. The philosophical underpinning of the Constitution is the Social Contract: Rights are "endowed by the creator", not granted by the Constitution. The question should not be "where in the Constitution is there granted a Right of Privacy" but rather "where in the Constitution is there evidence that I gave up my Right of Privacy".
Deriving a power to "have a camera on every corner" from a power to "have a policeman on every corner" misses a key point. A human policeman will be forced by his/her own limitations to concentrate on being on the lookout for suspicious activities. The camera "captures all" and the record can be subsequently edited to take incidents out of context creating the appearance of suspicion where none existed. When governments or corporations have unlimited access to easily edited unlimited information we are no longer "secure". If this were not the case the phrase "witch hunt" would not have entered the vernacular.

Harold G. Neuman's picture

Harold G. Neuman

Monday, January 30, 2012 -- 4:00 PM

Van Pelt has pronounced

范佩尔宣布隐私已死。我认为他的评估并不大错特错。OUAT,社会安全号码是公民和政府之间的某种契约。现在,拒绝披露自己的SSN就等于说,一个人并不是真的想要福利、特权,是的,甚至是大多数美国人的梦想:有收入的工作。ssn最初并不是一种普遍的身份识别——它们是一种有限的、多产的、存在的门户。现在,它们成了各种海盗的工具。“人类设计的一切事物往往会在混乱中结束”——我想有人说过;如果没有,我就这么做了。跟热力学第二定律有关。隐私和安全在今天是矛盾的。 And will be tomorrow. And so on---and so on.

Fred Griswold's picture

Fred Griswold

Monday, January 30, 2012 -- 4:00 PM

Regarding whether there could

关于在一个以自然选择为规则的世界里是否会有权利这样的东西:似乎一只猴子在练习一种新把戏时,不会欣赏一个人在还没有把它完善之前就把角插入。他会表现出尴尬的迹象。许多动物为自己找一个藏身之处。狗把骨头埋在地下。隐私可能与人际关系和家庭也有很大关系——它有助于为孩子提供一个安全的环境。在我看来,隐私权有一个很好的进化基础。在现实世界中定义隐私对我来说是完全没问题的,我不明白为什么把隐私放在杰斐逊式或康德式的模糊关联原则列表中会让它变得更真实。从现实世界的角度来看,这可以解释为什么隐私权没有绝对的东西。我的隐私权在我开始在车库里制造手提箱核弹时就结束了。

Guest's picture

Guest

Tuesday, January 31, 2012 -- 4:00 PM

Privacy on a tiny planet with

Privacy on a tiny planet with 7 billion people,
Hmmm?
Hey, I got it, technology!
是时候给我们建另一个房间了。
有隐私的空间,还有更多的成长空间。
=

Guest's picture

Guest

Wednesday, February 1, 2012 -- 4:00 PM

Dear Fred:

Dear Fred:
我无意冒犯,但是——除非有人(以某种方式)看着你,或者你在炫耀,否则谁会知道你在做一个手提箱核弹呢?隐私,如果它曾经存在过的话,是最基本的。不是相对的。不是偶然的。在任何基本意义上,猴子都不关心隐私。他们是否在意人类的干涉,如果是真的,似乎是我们的错而不是他们的错。使用工具需要时间——很多时间。我们现在知道,某些灵长类动物和鸟类已经尝试过,并且成功了。范佩尔、诺伊曼和其他人已经发现,隐私现在已经无关紧要了。但是,如果你还没有注意到,我们已经,不管你愿不愿意,同意我们的隐私被删除了。 There are several combinatory influences, which are inextricable. Popular culture, which we worship. Information Technology, which we cannot live without (Intel; Microsoft; Apple and others have ensured this...), and our insatiable desire for "quick and easy"---re-inforced by the first two categories mentioned.
There is a lot of real money being stolen by our twenty-first century economy. And most of those losing the cash don't even get the fact that they are being fleeced. Keeping up appearances, and all...

Guest's picture

Guest

Wednesday, February 1, 2012 -- 4:00 PM

I just listened to this show

I just listened to this show and one point that was not brought up is the fact of personal choice to divulge privacy. As an avid user of the internet, and prior to its rise, electronic bulletin board systems, i have a long standing experience with online personal information sharing. Currently, i am a user of several nline services but am choosing to pull myself away from many of these services.
In my opinion, people need to take responsibility for their own choice to allow personal infomation to be shared online. Suring this show, there was a comment about how we can protect our privacy with online diaries. The fact is that you cannot. Period. If you want a private diary, you can choose to use a pencil and paper. They both still exist. Typewriters are another option as is a computer not attached to any network.
Further, if i dont want my 537 friends on facebook to know anything about me, i should delete my account. There is no law that forces us to use online services such as facebook, or web-vased email services. If you want good email privacy, use a pop-based email client with a PGP interface,
我的意思是,我们仍然可以在法律允许的范围内选择自己的隐私水平。我选择住在没有电网的房子里,用柴火取暖。我没有固定电话,使用谷歌电话号码作为各种预付费手机的接口。我自己没有网络连接。我不带带gps的手机。I drive an 84 VW withh nop lojack system, etc.
Managing our privacy can be our own responsibility to a large degree.

Harold G. Neuman's picture

Harold G. Neuman

Saturday, February 4, 2012 -- 4:00 PM

So there it is: Managing our

So there it is: Managing our privacy CAN be our own responsibility, TO A LARGE DEGREE. (emphasis mine, obviously...) This historionistic notion I have been reading about begins to make more and more sense. As I have gleaned bits and pieces of it, the central premise seems to be that we, collectively in the largest sense, have painted ourselves into the cultural corners we now inhabit. And we expect, somehow, that studies in cultural diversity and sensitivity training will somehow make us all sing kum by yah and become true brethern and cistern together. After working in a microcosmic fraction of the world for nearly thirty years, I realized there would be no kum by yah moment. Three years+ into retirement, I see no contradiction of my initial realization.
I used to drive an 83 BMW, which no one but me wanted. I now drive something else---well, we'll see.

mirugai's picture

mirugai

Monday, February 6, 2012 -- 4:00 PM

JOY OF PRIVACY

JOY OF PRIVACY
Privacy is only of interest to the philosopher in a taxonomic way: of what does privacy consist, how are private acts and thoughts classified, is all thought by definition private, and how to distinguish between the private and the public.
但是,大多数人(而不是哲学家)所说的考虑隐私是什么意思,对哲学来说并没有多大的兴趣:这是一个政治问题,关于一个社会允许其成员在私下里思考和做什么,它试图禁止什么,以及执法人员在进入私人密室时能走多远。
在大多数情况下,通常的私人行为和思想,如果是有害的,也只是对私人个人有害,所以惩罚社会实际上是在非受害者的伤害之后。从定义上讲,对他人的行为不再是真正的隐私。禁止和惩罚这些非受害者伤害是道德谴责的表现。在一个民主国家,道德作为多数人的立场(一个非哲学立场,因为多数?不符合?理性?),或者作为少数人的权利,多数人允许少数人脱离多数?S自己的利益(和don?别忘了!)唯一有趣的问题(虽然不是一个哲学问题)是:大多数人禁止或侵犯私人行为的真正目的是什么,以及这可能对公民产生什么影响。对理性的人的影响是不值得思考的。
Philosophers work in private. Privacy is their physical and mental domain. Sure, there are forums and blogs and one radio show, but ideas are formed, and positions are taken in solitude, most often a result of a one-person ?dialogue.?
哲学家是研究哲学的人;读哲学的人是学哲学的。
Doing philosophy is sitting and thinking and having internal dialogues. This is private behavior; it is hermetic behavior; if it doesn?t give you joy, you can?t be a philosopher.

DennisCMyers's picture

DennisCMyers

Wednesday, March 4, 2015 -- 4:00 PM

Mr. Stinson writes, "The

Mr. Stinson writes, "The philosophical underpinning of the Constitution is the Social Contract: Rights are 'endowed by the creator', not granted by the Constitution." No. The phrase "endowed by the creator" does not appear in the Constitution. It's from the Declaration. The founders carefully avoided reference to divinity in the Constitution. What underpins the Constitution is not supernatural endowment but the consent of the governed.