网络时代妇女隐私权的特殊保护

网络时代妇女隐私权的保护是当今世界各国人权保护的一个薄弱环节,是一个具有时代特点的崭新的课题。2008—2010年,中国制定并基本实现了第一个“国家人权行动计划”设计的主要目标。网络时代对妇女隐私权的特殊保护,应成为新的国家人权行动计划的内容,成为中国人权保护发展进步的重要指标之一。     

Framing human rights: exploring storytelling within internet companies

This article explores human rights storytelling within two of the dominant internet companies, Google and Facebook. Based on interview with company staff as well as analysis of publicly available statements, the article examines how human rights are framed, made sense of and translated into company norms, products, and governance structures. The paper argues that the companies’ framing in many respects resembles that of the United States’ online freedom agenda, celebrating the liberating power of the internet and perceiving human rights as primarily safeguards against repressive governments. The companies see freedom of expression as part of their DNA and do not perceive any contradiction between this standard and business practices that may impact negatively on users’ freedom of expression, such as terms of service enforcement. Likewise, there is no sense of conflict between the online business model and their users’ right to privacy.     

Privacy and confidentiality in social work

Abstract

In the human services confidentiality is a central principle defining the relationship between the worker and the client. In this paper the authors argue that the human services have privileged the notion of confidentiality over the more fundamental right of privacy. They argue there is a persistent confusion between these two concepts and that privacy is an important but neglected ethical concept within human services. The authors discuss the relationship between privacy and confidentiality and identii some of the implications of the privacy concept for practice.     

Lying in defence of privacy: anthropological and methodological observations

This article deals with three topics: lying, privacy and anthropological research. Their complex intertwinement is analysed using fieldwork notes and through engagement with relevant literature from various disciplines. Experiences of privacy, among researchers as well as among respondents, is underexposed in the literature on social research methodology. Furthermore, lying is sometimes the only effective way to protect one’s privacy. Starting from a research experience with lying respondents in Ghana, I discuss the various circumstances and reasons that lead to lying in defence of privacy, and in particular, concerns about respect in the context of research. Next, I return to the concept of privacy and explicate cultural variations in the experience of privacy. I then look at the consequences for research ethics. The paradoxical conclusion is that lying, a discredited tool of deception, is often applied in order to uphold a widely accepted basic human necessity of life – privacy. Qualitative social researchers should take these concerns about privacy and respect into account and engage in conversations that do not threaten the security of their interlocutors.     

Privacy ethics in the age of disclosure: Sweden and america compared

Sweden, a model welfare state, and the United States, with its ethos of rugged individualism, have institutionalized ethical systems for protecting the research subject’s right to privacy. The ethical concerns driving these “codes” of ethics are similar across the two societies, but the institutional systems for protecting privacy, indeed the very definitions of privacy, are different, reflecting variant value systems. The Swedes have an open government but are vigilant and effective guardians of the privacy of individual files. In contrast, the Americans keep their government relatively closed but allow relatively easy access to individual files. Regardless of this basic difference, researchers in both countries are struggling to rethink their ethical systems in the face of rapid development of communications technology in what has emerged as the age of disclosure. This paper begins with the cultural concepts of privacy in Sweden and the United States. Privacy was chosen as the focus of this paper because it stands at the center of deception and disclosure in research, a pressing ethical problem facing sociologists today. Next is a comparison of the institutionalized systems for protecting the individual’s right to privacy in the two countries, followed by a discussion of the social pressures confronting the two systems. The paper concludes with a comparison of the ethical principles utilized by both countries. Kristina Freerks is an instructor of sociology in Sweden.     

‘I don't have anything to hide,but … ': the challenges and negotiations of social and mobile media privacy for non-dominant youth

Drawing from interviews and focus groups with teens in a low-income and ethnically diverse high school in central Texas, this paper explores the unique social privacy challenges and strategies of low-income and non-dominant youth. Situating the research in a broader context in which non-dominant teens are increasingly surveilled, I demonstrate how teens manage social privacy in at least three ways. First, they negotiate liminal boundaries of what constitutes a communal or shareable mobile device, which are structured around financial constraints. Second, through nonuse, they actively resist the ways mobile and social media reconfigure social and physical spaces. Third, they deliberately use multiple platforms as a way to cope with evolving privacy settings, social norms, and technological affordances; this is a deliberate strategy intended to resist social convergence. Because low-income and non-dominant youth are increasingly surveilled by adults, peers, and institutions, it is imperative that they find spaces that afford greater freedom of expression, interest-based communities, and privacy.     

Reconfiguring Child and Parental Rights: A Case for Coerced Contraception

Flagrant child abuse and neglect touches community sensibilities and suggests the option of coerced contraception in dealing with irresponsible contraception. This idea is resisted by the notion that the right to reproduce is fundamental. Law and ethics uphold this right, seeing it grounded in privacy and bodily integrity. Gender, race and class issues also argue against the idea of coerced contraception. This essay challenges these traditional positions by constructing a case for coerced contraception from several viewpoints. On balance, the right to reproduce has considerably less legal and moral weight compared to the birthright of the child not to be harmed and to have an open future. Examined critically, coerced contraception does not represent an unusual or excessive burden. Strict scrutiny and due process issues are addressed in allowing coerced contraception to become public policy. Various objections to this thesis are anticipated and answered. These include, but are not limited to, the ideas that personal dignity and the physician patient relationship are endangered and that a slippery slope would lead to greater restrictions on personal freedom. Charles F. Thurber is Clinical Assistant Professor, University of Virginia School of Medicine, Virginia.     

Harmonizing freedom and protection: Adolescents' voices on automatic monitoring of social networking sites

Automatic monitoring of user-generated content on social networking sites (SNSs) aims at detecting potential harm for adolescents by means of text and image mining techniques and subsequent actions by the providers (e.g. blocking users, legal action). Evidently, current research is primarily focused on its technological development. However, involving adolescents' voices regarding the desirability of this monitoring is important; particularly because automatic monitoring might invade adolescents' privacy and freedom, and consequently evoke reactance. In this study, fourteen focus groups were conducted with adolescents (N = 66) between 12 and 18 years old. The goal was to obtain insights into adolescents' opinions on desirability and priorities for automatically detecting harmful content on SNSs. Opinions reflect the contention between a need for protection online versus the preservation of freedom. Most adolescents in this study are in favour of automatic monitoring for situations they perceive as uncontrollable or that they cannot solve themselves. Clear priorities for detection must be set in order to ensure the privacy and autonomy of adolescents. Moreover, monitoring actions aiming at the prevention of harm are required.     

Why privacy keeps dying: the trouble with talk about the end of privacy

It is a curious fact how much talk about privacy is about the end of privacy. We term this ‘privacy endism,’ locating the phenomenon within a broader category of endist thought. We then analyze 101 newspaper articles between 1990 and 2012 that declare the end of privacy. Three findings follow. First, claims about the end of privacy point to an unusually broad range of technological and institutional causes. Privacy has been pronounced defunct for decades, but there has never been a near consensus about its causes. Second, unlike other endist talk (the end of art or history, etc.), privacy endism appears ongoing and not period specific. Finally, our explanation of the persistence and idiosyncrasy of claims to the end of privacy focuses on Warren and Brandeis’s 1890 negative conception of privacy as ‘the right to be let alone’: namely, modern privacy talk has always been endist because the right to privacy was born out of the conditions for its violation, not its realization. The conclusion comments on implications of that basic proposition.     

Freedom of association and collective bargaining in the platform economy: A human rights-based approach and an ever-increasing mobilization of workers

This paper examines the exercise of the rights to freedom of association and collective bargaining by platform workers. It focuses on several significant developments involving the collective organization of platform workers worldwide, and considers the rights to freedom of association and collective bargaining as human rights. It contends that the shifting context of work has led to changes in modern workplaces, which, in turn, have generated a novel interest in the adoption of a human rights-based approach towards labour protection. This approach considers that all workers are entitled to rights, such as the right to collective bargaining, which derive from international human rights instruments.     

Computer Ethics

Summary

As human service waiters implement computerized information technologies, they operate in areas in which problems of power, de-personalization, and the invasion of privacy are central. In attempting to understand and resolve these issues, studies of computer ethics deal with moral values, economic policy, and other social change impacts associated with computerization. Unfortunately, the diffuse focus of ethical discourse in computing is contusing. This paper, in clarifying the relation of “computer ethics” to issues of personal freedom, social control, and social inequality, seeks to provide human service workers and other professional computer specialists with a framework for identifying the social effects and moral dimensions of computerization.     

Privacy,technology, and conflict: Emerging issues and action in workplace privacy

IV. Conclusion Growing employee awareness of the degree to which their personal privacy is compromised in the workplace, particularly with regards to information/telecommunicatton-system use and work monitoring, has created an organizational and political climate that may yield significant restrictions on employee monitoring and on how employers maintain and distribute employees’ personal information. While both federal and state governments have generally deferred to the right of the employer-as-owner to set conditions of employment that may include intrusions into employee privacy (Grodin, 1991), a number of statutory restrictions have been promulgated or proposed that will significantly expand employee privacy rights in the workplace. Additionally, it is probable that unions will aggressively assert employee privacy rights within the context of collective bargaining, potentially using employee dissatisfaction with privacy intrusions as a basis for organizing nonunion firms.     

The racialization of privacy: racial formation as a family affair

Theory and Society - A right to family privacy is considered a cornerstone of American life, and yet access to it is apportioned by race. Our notion of the “racialization of privacy”...     

Saying Something: The Location of Social Movements in the Surveillance Society

Arguing for social movement-based critiques of public surveillance, this article proposes an alternative approach to the established parameters of research on the contemporary surveillance society. As cities become increasingly organized around a logic of insecurity and fear, there has been an eruption of concern and debate about the expansion of urban public surveillance. But most of the research on this subject has paid little attention to the deliberate, collective forms of political critique raised by anti-surveillance activism. Rather, the predominant focus has been on concerns about privacy rights, civil liberties, and the dilemmas of balancing freedom with security. Moreover, the prevailing critical narrative contends that the radical expansion of surveillance has been largely met with consent from the public. Moving beyond such a discourse of consent, this article examines two examples of cultural interventions that seek to contest the growth of public surveillance, not as a problem limited to the violation of privacy rights but as a process that signifies the metastasizing weaponization of everyday life and the authoritarian circulation of fear. I suggest that the significance of contemporary anti-surveillance activism is found in its embeddedness in broader struggles rather than in the opposition to surveillance as an autonomous political aim.     

Human Services and the Ethics of Computer Matching

Abstract

Computer matching has been extensively used by government, primarily as a means of cost-savings and fraud detection. Despite concerns about the invasion of privacy, clear ethical standards about computer matching have not been established. However, a study of past matching practices reveals an implied set of principles. Efficiency is valued over privacy. Welfare clients and government employees are viewed as having sacrificed the right to privacy. Some due process protections are viewed as legitimate but have not been well-implemented. The newly-passed Computer Matching and Privacy Protection Act of 1988 (PL 100-503) strengthens these due process protections.     

Privacy revisited? Old ideals, new realities, and their impact on biobank regimes

Biobanks, collecting human specimen, medical records, and lifestyle-related data, face the challenge of having contradictory missions: on the one hand serving the collective welfare through easy access for medical research, on the other hand adhering to restrictive privacy expectations of people in order to maintain their willingness to participate in such research. In this article, ethical frameworks stressing the societal value of low-privacy expectations in order to secure biomedical research are discussed. It will turn out that neither utilitarian nor communitarian or classical libertarian ethics frameworks will help to serve both goals. Instead, John Rawls’ differentiation of the “right” and the “good” is presented in order to illustrate the possibility of “serving two masters”: individual interests of privacy, and societal interests of scientific progress and intergenerational justice. In order to illustrate this counterbalancing concept with an example, the five-pillar concept of the German Ethics Council will be briefly discussed.     

Cost-containment,computers and confidentiality

The profession of social work has clear standards to follow in protecting confidentiality when a client discloses information in a psychotherapy session. These standards are examined in relation to an ever-increasing diresrefard for privacy as staff of managed care for mental health services and employee assistance programs gather and store information in computer databases, with the overall objective of cost-containment. Ethical principles are discussed and suggestions are made for safeguarding, the client's right to privacy.     

Union collective action,social movement unionism and worker freedom in New Zealand

Freedom of association can include the right of labour unions to take collective action in the interest of their members. In this regard, it is presumed that unions increase worker freedom. However, there is little literature on how worker freedom as self-actualization is linked to union collective action involving coalition-building with civil society. This article uses the notions of freedom according to Berlin (1969) and MacCallum (1967) to assess the meaning of such coalition-building for worker freedom. It then employs a radical democratic perspective (Laclau and Mouffe 2001) of union engagement with the Just Transition in New Zealand to explore how unions enhance worker freedom.     

Understanding and explaining online personal information-sharing behaviours of New Zealanders: a new taxonomy

Although research evidence shows that people have strong concerns about their privacy online, this does not necessarily mean that they do not share their personal information in varying online relationships. This paper presents New Zealand-based empirical research findings into people’s actual online information-sharing behaviours rather than their attitudes: the motivations, extent, and conditions under which individuals share their personal information in varying online relationships with commercial providers, with government, and on social networking sites. A grounded theory methodology and an abductive analysis were used to identify patterns in the findings and construct a new taxonomy of online information-sharing behaviours: contrary to existing taxonomies, all participants in this study are very privacy aware and make quite deliberate choices about what personal information they share online, with whom, to what extent, and under what circumstances. Four distinctive classifications of people’s online information-sharing behaviours were derived from this study: privacy pragmatists, privacy victims, privacy optimists, and privacy fatalists.     

The Evolution (or Devolution) of Privacy

This paper explores changes in the meaning of privacy. Because individuals understandings and experiences of privacy vary by sociohistorical contexts, privacy is difficult to define and even more challenging to measure. Avoiding common obstacles to privacy research, I examine privacy from the standpoint of its invasion. I develop a typology of privacy invasions and use it to analyze discussions of invasions of privacy in U.S. newspapers. I show that the nature of invasions discussed in the news is increasingly covert and continuous and find empirical support for the often-made claim that the concept of privacy is evolving in meaningful ways.