Privacy in the Digital Age: Who Watches the Watchers?

Introduction: Privacy Under Pressure

Notwithstanding the Fourth Amendment constitutional expectations of privacy that American consumers enjoy, the Internet of Things, the proliferation of closed-circuit cameras, and GPS tracking systems have made true individual privacy a thing of the distant past. Nevertheless, consumers have a legitimate right to expect that their right to privacy is respected and protected to the maximum extent possible, and that businesses of all sizes and types conform to all relevant governmental regulatory and compliance requirements.

To determine the current state of affairs, this paper provides a review of the relevant literature concerning the ethical considerations involved in the use of tracking technologies. It seeks to determine whether privacy policies or legislation should apply only to sensitive personal information, and to establish with some precision just who "watches the watchers." A summary of the research and important findings concerning the need for enhanced consumer privacy protections is presented in the conclusion.

Tracking Technologies and Ethical Concerns

One of the more challenging aspects of increasing intrusions into personal privacy is the potential for undetected abuse by public and private sector organizations. While many countries have laws in place designed to prevent unauthorized violations of privacy protections, innovations in information technologies have made it increasingly difficult to enforce these protections. For instance, according to Apte et al. (2019), "The ability to use GPS to trace the movements of people raises important ethical issues. Geospatial technology for personal location tracking presents a global concern and there is geo-location privacy legislation in place in some countries which prohibits use of this technology for routine surveillance activities" (p. 103).

While it is reasonable to suggest that many, if not most, commercial enterprises conform to the relevant laws in the jurisdictions in which they operate, it is also likely that more than a few do not. This means that companies exploiting tracking technologies can gain an unfair competitive advantage, thereby encouraging other businesses to follow suit by bending or breaking relevant laws. The Internet of Things has accelerated this dynamic by dramatically expanding the number of connected devices capable of collecting personal data.

Algorithmic Data Collection and Consumer Privacy

Companies that actively map consumer perceptions about their preferences and purchasing habits are under increasing scrutiny concerning the manner in which they collect and use personal data. In this regard, Mittelstadt et al. (2016) point out that "gaps between the design and operation of [data collection] algorithms and our understanding of their ethical implications can have severe consequences affecting individuals as well as groups and whole societies" (p. 1). The severe consequences associated with sophisticated data collection technologies extend to what type of data is targeted and how it is collected, as well as how that data is interpreted and applied (Mittelstadt et al., 2016).

These concerns are not limited to commercial actors. Government agencies that deploy mass surveillance tools face similarly urgent questions about oversight, transparency, and the limits of permissible data use. The absence of robust accountability mechanisms leaves individuals with little recourse when their personal information is misused.

Conclusion: The Need for Stronger Oversight

The research is unsettling with respect to the growing threats to privacy that are directly attributable to the increased use of technologies capable of collecting data without the knowledge of the targeted individuals. Despite laws intended to protect American consumers from unwarranted intrusions into their constitutionally guaranteed privacy, the stakes and the potential for abuse are very high. These trends underscore the fundamental issue of whether anyone can have a legitimate expectation of privacy when Big Brother-type data collection devices are present virtually everywhere — including in consumers' homes, vehicles, businesses, and even places of worship.

Certainly, governments have a legitimate right and obligation to protect people from the spread of pandemics, but they also have a concomitant responsibility to ensure that the processes used are not violative of the Fourth Amendment and other relevant privacy protection laws. Stronger and more enforceable oversight mechanisms are needed if the promise of individual privacy is to remain meaningful in the twenty-first century.

References

Apte, A. et al. (2019, June 25). Ethical considerations in the use of GPS-based movement tracking in health research — lessons from a care-seeking study in rural west India. Journal of Global Health, 9(1), 103–123.

Ethical considerations to guide the use of digital proximity tracking technologies for COVID-19 contact tracing. (2020). The World Health Organization.

Mittelstadt, B. D. et al. (2016, July–December). The ethics of algorithms: Mapping the debate. Big Data & Society, 1–21.