TECHNOLOGY AS A THREAT TO PRIVACY: Ethical Challenges to the Information Profession
J. J. BRITZ
Department of Information Science
University of Pretoria
0002 Pretoria, South Africa
E-mail: britz@libarts.up.ac.za
The aim of this paper is to assess the impact of technology on the private lives of people. It is approached from a socio-ethical perspective with specific emphasis on the implication for the information profession. The issues discussed are the concept privacy, he influence of technology on the processing of personal and private information, the relevance of this influence for the information profession, and proposed solutions to these ethical issues for the information profession.
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INTRODUCTION
We are currently living in the so-called information age which can be described as an era were economic activities are mainly information based (an age of informationalization). This is due to the development and use of technology. The main characteristics of this era can be summarized as a rise in the number of knowledge workers, a world that has become more open - in the sense of communication (global village/Gutenberg galaxy) and internationalization (trans-border flow of data).
This paradigm shift brings new ethical and juridical problems which are mainly related to issues such as the right of access to information, the right of privacy which is threatened by the emphasis on the free flow of information, and the protection of the economic interest of the owners of intellectual property.
In this paper the ethical questions related to the right to privacy of the individual which is threatened by the use of technology will be discussed. Specific attention will be given to the challenges these ethical problems pose to the information professional. A number of practical guidelines, based on ethical norms will be laid down.
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ETHICS
The ethical actions of a person can be described in general terms as those actions which are performed within the criterium of what is regarded as good. It relates thus to the question of what is good or bad in terms of human actions. According to Spinello (1995, p. 14) the purpose
of ethics is to help us behave honorably and attain those basic goods that make us more fully human.
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THE CONCEPT OF PRIVACY
3.1. Definition of Privacy
Privacy can be defined as an individual condition of life characterized by exclusion from publicity (Neetling et al., 1996, p. 36). The concept follows from the right to be left alone (Stair, 1992, p. 635; Shank, 1986, p. 12)1 . Shank (1986, p. 13) states that such a perception of privacy set the course for passing of privacy laws in the United States for the ninety years that followed. As such privacy could be regarded as a natural right which provides the foundation for the legal right. The right to privacy is therefore protected under private law.
The legal right to privacy is constitutionally protected in most democratic societies. This constitutional right is expressed in a variety of legislative forms. Examples include the Privacy Act (1974) in the USA, the proposed Open Democracy Act in South Africa (1996) and the Data Protection Act in England. During 1994 Australia also accepted a Privacy Charter containing 18 privacy principles which describe the right of a citizen concerning personal privacy as effected by handling of information by the state (Collier, 1994, p. 44-45). The Organization for Economic and Coordination and Development (OECD) also accepted in 1980 the Guidelines for the Protection of Privacy and Transborder Flow of Personal Data (Collier, 1994, p. 41).
Privacy is an important right because it is a necessary condition for other rights such as freedom and personal autonomy. There is thus a relationship between privacy, freedom and human dignity. Respecting a person's privacy is to acknowledge such a person's right to freedom and to recognize that individual as an autonomous human being.
The duty to respect a person's privacy is furthermore a prima facie duty. In other words, it is not an absolute duty that does not allow for exceptions. Two examples can be given. Firstly, the police may violate a criminal's privacy by spying or by seizing personal documents (McGarry, 1993, p. 178)2 . A government also has the right to gather private and personal information from its citizens with the aim of ensuring order and harmony in society (Ware, 1993:205). The right to privacy (as an expression of individual freedom) is thus confined by social responsibility.
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