Life in the Surveillance Society – Stefano Rodotá

I – The privacy between the individual and the collective

Shift of the concept of privacy from the notion of 'being alone' to the possibility
for each one to have control over the use of their personal information.

Need to identify the roots of power through the control of information by

public and private administration.

It is not enough to develop a system to contain the power of computers in

regarding its particular modes of use.

The recognition-disclosure binomial is not sufficient. Expanding the concept of

privacy beyond its strictly individualistic dimension.

Desire for intimacy as a determining factor for social fights in the medieval era
(privacy as a disaggregation of this life). This privacy was a privilege of
bourgeoisie and it thus remained for a while.

Intimacy depended on material conditions.

Privacy as privilege. Hence its legal protection is, a priori, based on concepts.
of property.

The working class, as a result, did not know privacy.

Poverty and privacy are simply contradictions.

Right to be left alone as neglect by other classes, abandonment of the weakest to

social violence.

Various functions of privacy, of its dynamics.

Collection of information with 2 objectives: acquisition of elements for preparation and

management of social intervention program/strategic marketing and control of
compliance of citizens with political management/prevalent behaviors
(domination).

Privacy as assistance in presenting information to build

social intervention programs consolidate the privilege of the middle class. Privacy
as resistance against compliance control, transforms it into a form of
promote equality control.

Privacy must be accepted in all social strata, in all environments. The

The association of privacy with the material condition (house) is consistent with this understanding.
privacy bourgeois.

Privacy projects itself onto the collective, assuming previously unknown functions.
Thus, even the collection of anonymous data can be altered or used against the
individual rights. Thus, we see the need here for a democratic use and control
collective of this information, as well as the reform of the bodies responsible for the collection
of information.

Denying this collection is allowing decisions to be made by a minority, it is to

root the idea of power for those who are on top. At the same time, this information
have not been disseminated correctly.

The dissociation of privacy from property can be perceived by legislation.

tax (transparency).

Inability to reduce privacy to an irreducible core that merits

protection. Difficulty in individualizing the concept, the right of the citizen to oversee the
holders of information (info as a "new power").

It is erroneous to think that mere 'control' is sufficient when exercised by the individual.
in isolation, especially due to the power difference between government/citizen.

It is necessary to possibly close the information for entities.

supervisors.

Collective control not as traditional individual instruments or self-discipline

corporate.

This new state, with 'informative infrastructure', cannot be regulated through

a unique intervention. This need cannot justify inaction.

Technology, although not always good, cannot be eradicated.

Risk of increasing inequality due to access to information.

Correct relationship between information infrastructure and participation has its

basis on the possibility of increasing the available information and thus
critical interpretation.

II – Data protection and information circulation

1 - Between Utopias and Principles

Risk of technological progress X impossibility of stopping progress, ruin of the idea

that all progress is positive generates a new anguish.

Fruits of the discrepancy between technological growth and that of regulation

legal/institutional (capacity to control social processes)

Rapid obsolescence of specific legal solutions as a way to make it necessary to

individualization of principles.
2 - Technological changes and institutional innovations

Technological advancements lead to the need for new approaches.

regulation to legislate on computer issues.

Creation of exception rules for the responsibility of those who have files with
strictly personal purpose

- Highlight the subject (public or private) and purpose for the notion and discipline of
circulation of information.

Network scenario (LAN) and, in the legal-institutional environment, data protection.

Increasing relationship between individual interests and forms of circulation of

information.

Union of the personal sphere and the political sphere. Rules for cumulation of information
they begin to focus on the distribution of power in society.

The change in the relationship between the citizen and the information collector is the result of
development of interactive technologies and the dissemination of treatment systems
information. The information collector starts to provide a service.

Information becomes a commodity with this, since through the collected information, the
manager generates a new one, outlining a profile.

Thus, the norms related to opinion polling are growing. This is because this
discipline more than the system refers to the role of the citizen in society
computerized (distribution of power linked to information availability).

The recognition of a right of access to public and private databases,

to controlled powers of the controller, of importance.

Institutional innovation that implements a two-way control system (starting from

people for the databases, including).

It is necessary to achieve a balance between the interests at stake to

ensure the coexistence of the guarantee of individual rights with progressive openness
of society.

Thus, we are not only talking about the risks to the right to privacy here, but of a
expansion of the democratic possibilities of the system.

3 – Privacy: old idea and new problems

Evident need to ensure proper protection of interests.

Old problems: intellectual laziness and inability to see beyond logic

owner.
Precise reasons of government policy that prevent this deeper vision.

Greater sensitivity to the association 'new technologies X risks to privacy'

it is less costly for managers of large amounts of information (in the first
At this moment, this interest was good, now it could jeopardize the evolution of legal discipline.
for our reality).

Defending privacy requires an expansion of the institutional perspective, integrating

individual and collective controls, differentiating the discipline regarding its purpose
information.

Operations of integrated strategies, capable of regulating the circulation of information

as a whole.

4 - The circulation of information between rules and merchandise

Argument that restrictive regulations on information collection and circulation

they are possible in calm moments, but in times of crisis, the crossing is necessary
databases.

Argument that the protection of privacy would result in the transfer of costs to
companies and that excessively rigid discipline would bring difficulties to production and to
international trade.

- Argument for regulation, self-regulation of the market regarding the matter of

privacy.

USA: privacy would receive a market quote, so it would be a service

payment for those in need.

arguments that have privacy in a strictly proprietary logic.

Counter argument: the disparity between the service provider and the user is so great
that one cannot speak of freely expressed sentiment for transactions regarding
privacy necessitates a legislative intervention (unavailable right) seeking,
the legislative intervention, reconstituting basic conditions for proper functioning
the own rules of the market.

Privacy as an integral part of the broader dimensions of the guarantee of rights

civics and the organization of democracy.

Increase in cost. It cannot be taken into account as we are talking about a

interest of no less than the protection of consumers, workers, etc. (values
humans, superiors).

- Research stated that entrepreneurs do not view the costs associated with
data protection. Part, including, argues that it is better for business (producers
of PCs and related topics).
The tendency towards self-regulation is a spontaneous market reaction that acts in a firm manner.
parallel.

The field of data protection has undergone both quantitative and qualitative expansion, in view of
elevated to constitutional norm in some States.

Counter argument to the thesis of the possibility of laws only in periods of tranquility
(without economic crisis).

Argument: during this period the State would try to reduce its costs to increase in
security etc. Counterargument: that the data protection law would be intended to be
an acyclic event.

In moments when the trend is to free oneself from restrictive norms, that is when
increase the risks of authoritarian use of large collections of information,
increasing only the need for legal forecasts of guarantees.

Ex: insertion of data collected by the FBI into the registration of 'possibly' persons
dangerous

Selective access policies increase the need for greater control of information.

A realistic reflection of the subjects of the relationship is necessary to verify if it exists.

excessive disparity of power, seeking legislative intervention, to reconstruct
basic conditions for the proper functioning of the market rules themselves.

With new technologies, a paradigm shift marked by the emergence of

information as a fundamental resource for the social organization of the future, problem of
not to be such a moment accompanied by suitable legal institutions.

It is, therefore, a matter of seeking new institutions suitable for the new situation, definition.
of fundamental principles in this new situation.

The immaterial character of information can make deviations towards less perceptible.
totalitarian practices.

Need not only for strengthening 'passive' defenses, (regulations

restrictive (quest)), but the creation of institutes that make it dynamically valuable.

5 - Principles and instruments in data protection

Attention focused on the stated principles and the necessary instruments for
ensure its effectiveness

Common principles of the Council of Europe convention and the OECD recommendation.

Principle of Correction, Principle of Accuracy, Principle of Purpose (relevance and

non-abusive use and the right to be forgotten), principle of publicity, access
individual (personal information), principle of physical and logical security of data collection
data.
Difference of instruments to ensure effectiveness. Not just a right.
actionable for repair when the right is violated. Direct instruments of enforcement (of
a passive and negative statement into a positive and dynamic one.

Two anticipated characteristics: expansion of individual control through the increase of

cases where information collection depends on consent and, due to the
limitations, of direct exercise, assignment of a general power of oversight to an agency
created specifically for data protection.

Progressive consolidation of a functional approach to data protection.

6 - Around the right of access

By this, control of the information from the information collections in hand was renounced.
public/private.

- Diffuse control, exercised directly by the interested parties. Criticisms: limited use
from the most radical, "right to have been registered openly." Thus, the right to
access would not give any real control over the information collections.

Even though this use has been moderate, its practice has been bothering the
information collections, thus, this has been formally recognized,
forcing the information collectors to adapt.

Regardless of this poor exercise, it is necessary to understand all of the

implicit potentialities in this right of access.

Poor exercise occurs due to excessive cost (in $ or time), lack of information, and lack of
time.

Possible intervention: 'assisted' access by a specialist, individual access right

"integrated" by the presence of a collective subject.

7 – Data protection and freedom of information

8 - Towards the rebirth of consent

(missing the beginning)

- (missing beginning of the sentence) - especially so that 'profiles' can be drawn that, like
We saw, they are goods.

Furthermore, the need to protect fundamental individual values and the

the unavailability of this makes it impossible to define privacy as being the
consent

Personal information has historically always been subject to legal regimes.

differentiated. There was a search for a reduction to terms of weighting between private interest
to privacy and collective interest in publicity. This conceptualization has failed,
especially by the notion that the circulation of data tends to be oriented by
consideration of contexts, functions, and associations.

Search for the identification of a "hard core" of privacy (political opinion,

sexual orientation, faith, race, etc.) and tendency towards the release of information circulation
personal economic content.

- This is explained by the identification between economic and political power as well as by the
demand of the State (here, Welfare State). Need for real equality.

Equality protected by the pursuit of the "hard core," since this prevents positions
discriminatory (including in employment relationships).

The rule must, therefore, prioritize the circulation of economic information, concentrating on the
restrictions on the collection and dissemination of information regarding particularly sensitive information
sensitive (hard core).

9 - Interactive media and information circulation

The problem of excesses and abuses must be addressed through techniques that do not trust.
only with consent.

A direct relationship is established between the purpose of the collection and the data that will be collected.
(efforts are made to avoid the circulation of information among public agencies).

Necessary punctuation of the acquisition of information by the public sector from the private sector.
This circulation of information among sectors increases the need for a discipline.
legal (globalization of information).

This rampant circulation of information caused a "self-defense," which consists of

to lie and die in research.

The amplitude of the collected information allows for the creation of profiles that go through
a circular as merchandise.

The production system becomes ready to quickly meet the demands in

the same could be said about the political system.

This quick response could lead to a substantial equality, giving rise to a

even stronger discrimination. The "categorization" of individuals and groups, furthermore,
begins to negate the ability to perceive subtle nuances, unusual tastes.

Greater possibility of social control by public and private power centers,

hindering innovation.

Highlights the need for a global approach (public and private sector) to prevent the
drafting of pergid (here, including making non-sensitive data sensitive) and the
inclusion in groups of negative connotation. Also, prevent data paradises within.
of the country.
Functional approach, maximum data retention period

10 - For an integrated legal strategy

A fundamental point is the creation of public surveillance bodies (authority

independent administrative), independent, especially, executive (and that,
theoretically, they should not be appointed for this). It exercises a monitoring function
necessary, being the only one who can fulfill the duty of general and continuous supervision (the
diffuse and superfluous control is necessary as an antidote if formal control is
sclerosed)

- Tendentially, multifunctional: monitors the legality of those who act, with

information/data, public sector advisory body, body endowed with a
normative power, autonomous or regulatory power of adapting the established principles
in law.

The legal environment favorable to the circulation of information must have a normative basis of
general clauses, autonomous laws for specific cases administrative authority
independent, discipline of recourse to the judicial authority of a civil nature and not
only constitutional, provision for diffuse control.

11 - Legal techniques and citizen interventions

With the expansions of the discipline due to the development of new forms of
collection, we see that the new rules on the circulation of information increasingly reflect
but the characteristics of the collectors. We see, thus, times a relaxation of the rules
(e.g. collection for personal purposes), at times a greater rigor (TVs), since mere
the use of the method is already subject to information collection.
In fact, it is a possible 'direction', not what the author defends, who advocates against it.
use, including, new technologies unless necessary.

The increase in rigidity with the abandonment of general clauses would only hinder the
monitoring this evolution.

Second direction: increase in citizens' access rights to the possibility of

intervention in the management of systems. This access not only recognizes individual rights,
how to redistribute power.

Technical problems, insufficient financial resources, and political resistance are

effective obstacles to the circulation of information

When those in power perceive this evolution, they tend to direct it.
the evolutionary impulse for community action, distancing from politics.

III – Privacy and the construction of the private sphere

1 - Towards a redefinition of the concept of 'privacy'

Privacy as a dynamic concept that changes as it evolves

technologically.
Trend towards the prevalence of functional definitions.

First paradox of privacy: technology makes the private sphere richer but
more fragile. One escapes the social control of permanent coexistence, this becomes
replaced by a more penetrating and global control (apparent contradiction of
privacy with oneself.

Second paradox of privacy: although the 'hard core' of privacy is

consisting of information that reflects the traditional need for confidentiality,
internally, it incorporates into the concept of 'sensitive' those data that lead to
discrimination, if subject to free movement, especially due to the prohibition of collection by
certain subjects (e.g. employers) and by the exclusion of legitimacy of certain
ways of collection and circulation.

Third paradox: The right to informative self-determination (to control the distribution
of your personal information) develops alongside the right to access information
(the strengthening of the individual right to privacy thus becomes an instrument
to make the spheres of other subjects more transparent and controllable.

4 trends: to the right to be left alone to the right to maintain control over one's own
information, from privacy to informative self-determination, from privacy to non-
discrimination, from secrecy to control.

2 - "Privacy" in an open society: rights and conflicting interests

Tendency to relate privacy to personality, and not to property.

There cannot be a "monopoly" on one's own public presentation.

informational self-determination cannot translate into an absolute bond in relation to
the mode of composition and presentation of information legitimately
available to third parties.

This trend (and the notion of integral protection of personality) does not exclude that the
personal information is viewed as a commodity (e.g. from Equifax and Lotus).

This is because the information society and also the 'service society', having
as a consequence: the transfer of a large share of information by the user of
technologically sophisticated services and the increasing possibility of interconnections with
the expansion of the network.

Among the extremist conditions, informal consent emerges again.

Importance of recognizing privacy as derived from personality for the

resolution of conflict of interests.
The society of classification

1 - to know and classify

Information society - Surveillance society - Classification society (return

of the 'glass man')

There is a search to define who the individual that information technology brings forth is.

User data is always available to their manager.

It becomes harder not to leave traces.

Loss of the autonomous nature of control instruments (moving to the permanent

surveillance).

The possibility of making this information collected by anonymous systems decreases this.
surveillance.

Communication and information technologies show a "natural" tendency to

enter into conflict with the private zone.

Risk of political misuse of this information.

The objective is not to prevent behavior, but to mainly direct consumption.

(new interest, generalization, discrimination as inherent). One seeks to classify.

The right of access cannot be merely formal. For the construction of a

electronic citizenship, access can prove to be a dull weapon if it does not allow
to achieve the goods that truly interest us,

- In fact, profiles, mainly of consumption, have been drawn up and decisions being made
sockets based on these.

2 – Society and life on the screen

Privacy as the right to anonymity, to assume a preferred, new identity, which

deserves to be protected. Redefinition of one's own identity on the internet as an element
essential for personality development.

Virtual life as a new social formation, whereby constitutional guarantees must be

expanded to this new reality.

New identities, like uniforms in the past, that prevent discrimination.

Divergent responses: biological reductionism, reconciliation, and identity as

immutable. In information technology, we see it as the identity resulting from a
incessant construction.
Special protection, thus, for what would have a "loss of dignity" at stake. In this way,
essential to establish minimum protection standards.

Need for individuation of situations in which the request is always illegitimate

information (e.g. employer).

Exit of excessively porous legislations for those that analyze each

technology in a more in-depth way, leading, in fact, to non-acceptance or strong
restriction of certain technologies.

The principle of purpose, thus, assumes a role of extreme importance, especially,

when personal data is not requested but is a 'natural' consequence of it
service.

Shift in the framework of the protection of information, from the principle of access to that of
purpose (preventing the free international circulation of information, which may be
traced individual and collective profiles that lead to discrimination, etc)

The right to leave a trace must be ensured.

The main reasons for restricting guardianship to deprivation are reasons of state interest.
or telea of another individual or collective right, especially the right to information and the
health.

Genetic information as the core of the 'hard core' due to its nature
structural and permanent (breaking point, deconstruction of a vulnerability).

Even this and health have an exception to its protection (sexual partner), appearing here a
communication duty. Even a doctor can break confidentiality to fulfill such duty.

Case: the need for genetic material from another to know one's own information.

negative power, right not to know, privacy as the right to maintain control
about the information itself and to determine the modalities of construction of the sphere
private.

- Change in the concept of 'real', no longer presenting itself as 'external': the 'I' is
constructed, and the rules of social interaction are constructed, not received.

Losing status on the internet can represent the maximum of deprivations.

Multiplication of 'I' capable of composing personality, flexibility of identity

as a way of preserving the concept.

This notion of 'diversity' should indeed be emphasized with the discoveries.

carried out with the human genome research, and all its diversity.

Virtuality as an aspect of reality, this new social organization must be taken into account
in consideration to outline the new paths of rights and citizenship.
3 – Privacy and anonymity

We see here a real clash of principles where the anonymity of one can violate the
privacy of others. (dispute between active and passive privacy)

The pursuit of absolute freedom on the internet faces obstacles in privacy, pornography.
and property.

Privacy Enhancing Technologies (PET), the planning of systems aimed at

creation of technical conditions conducive to privacy protection, combating the
the argument that it is 'natural' for technology to collect data as an excuse for this
collection and storage (programs that automatically delete collected information,
p, ex).

This concern should lead to a relationship between technological innovation and innovation.
social, influencing the way in which the IT infrastructure is planned.

Necessary understanding of the right to informational self-determination (increase of

powers through the design not only of rules but of the architecture of systems.

The multitude of people (partition) to serve the 'data providers' is a

unilateral behavior, which even contradicts entrepreneurial trends of
user protection.

Technological innovation that enables 'individual empowerment'.

To create conditions that enable personal choice of the level of protection

necessary privacy must ensure, at least, an intangible quota of
privacy guaranteed by a rule of supranational character, which will allow, moreover,
market regulation (possible only after this strengthening of power
individual).

4 - The new dimensions of privacy

Social effects of information technologies: information divided between a

plurality of subjects (before, but not of the interested parties); information transfer leaves
from being interpersonal to being in an abstract form (information gathering); increase in
importance of controlling the information that enters the private sphere (right not to
know, about not receiving advertising, etc.); increasing the importance of control over
information that is found in the private sphere (right not to know, not to receive
advertising, etc.); increase in the added value of personal information (change of
paradigm); need to seek "clean technologies" of information, possibility
of the free construction of the private sphere and of the autonomous development of personality
important due to the diminishing boundaries between public and private.

Paradoxes: the expansion of the protection of the private sphere has led to greater transparency
of the own collectors typically public data (opinions), receive the highest protection
private due to the need for protection against discrimination (hence, the guardianship
privacy gains a socio-political character, deriving others, becoming an element
constitutive of citizenship.
We thus have privacy as a fundamental right, the right to self-determination.
informative (to determine the mode of construction of the private sphere in its
totality), a precondition of citizenship (cannot be solely entrusted to self-
regulations or contractual relationships.

5 - Rules and markets

Three perspectives that deserve analysis: anonymity on social networks, one's own space of
market logic and the role and limits of the law.

Regarding the laws, international agreements are necessary, however, until there are none.
in case of these, one should seek other solutions.

The freedom of networks cannot leave everything entrusted solely to the (logic of the market),
not accepting the intangibility of anonymity, resorting to justice only in cases
seeking to hold the network administrator accountable (this would lead to censorship
by the administrators, seeking to reduce costs.

The logic of the market (self-regulation, self-discipline) can prove to be treacherous.

for freedoms. If practiced through deontology or codes of conduct, in
Meanwhile, it is shown as an instrument that will even serve as a starting point for the
developing regulatory principles.

- Financial compensation for the use of data, on the other hand, makes it a
merchandise. The right of ownership over personal information would violate dignity,
besides not being reasonable about personal information due to the size of the
information market.

6 - Guardianship strategies

General indications

Right of opposition to forms of collection and circulation (individual and collective initiative).

Right not to know as a specification of the right of opposition (example of junk fax).

Principle of purpose, with preventive communication to the interested party about how
they will use the cold information.

Right to be forgotten, destroying data or storing it anonymously.

Necessary vdr how can the legislative encompass all these means (self-discipline,
contracts, etc). It can be done through the assignment of a function to define a law.
framework of principles.

To that end, besides the traditional diachronic dimension, we see another, this one indeed chronic, in
The sentiment that adaptation also concerns various situations, but coexists in
the same moment.
Flexibilization of the laws, with an increase in the number of subjects who can intervene
for the protection of privacy without the need for a 'legal centralism'
legislative
7 - Privacy as a fundamental right

We currently live in a confusion between the various forms of social organization

information society, knowledge society, surveillance society and
classification society.

For the information society to evolve into a knowledge society and not
for the other two, it is essential to recognize privacy as a fundamental right.

It is necessary to develop minimum conditions for the rights of the person and the
market mechanisms are compatible.

It is necessary that consent is truly free.

Circulation of information in a system where respect is overshadowed by others

logical.
Towards an Electronic Citizenship

The code on privacy