Alleged right to privacy has increasingly come to be about informational privacy. The amount of information capable of being known about each of us is staggering. A breach of informational privacy is a form of aggression towards one's personal identity.
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7.1. Shoemaker_Informational Privacy and the Presentation of Identity
Alleged right to privacy has increasingly come to be about informational privacy. The amount of information capable of being known about each of us is staggering. A breach of informational privacy is a form of aggression towards one's personal identity.
Alleged right to privacy has increasingly come to be about informational privacy. The amount of information capable of being known about each of us is staggering. A breach of informational privacy is a form of aggression towards one's personal identity.
Self-exposure and exposure of the self: informational privacy
and the presentation of identity David W. Shoemaker Published online: 3 April 2009 Springer Science+Business Media B.V. 2009 Keywords Identity Information technology Data mining Autonomy Informational privacy Privacy in public Self-esteem What is targeting in the long term? Youre getting content about things and messaging about things that are spot-on to who you are. Michael Galgon, Microsofts chief advertising strategist 1 The alleged right to privacy has increasingly come to be about informational privacy, especially in light of persis- tent technological breakthroughs. The amount of information capable of being known about each of us is by now familiar, yet remains staggering. Whenever we use our computers, show a discount card at the supermarket, order a pizza, apply for a loan or job, use a bank or credit card, or engage in a host of other activities, multiple bits of our personal data are collected, collated, distributed, and stored. This state of affairs strikes many as cause for concern, even alarm. But getting clear on the nature of this threat is quite elusive. That there is a zone of informational privacy, in some sense and of some sort, seems uncontro- versial. But of what sense and of what sort? Further, why think we might have a right to informational privacy, such that a breach of that zone would be wrongful? Several have tried to make the case that a threat to informational privacy is a threat to our personal identity. 2 It is difcult to articulate the precise nature of this connec- tion, however. Here is one quite literal attempt: [I]nformational privacy requires [a] radical re- interpretation, achieved by considering each per- son as constituted by his or her information, and hence by understanding a breach of ones informa- tional privacy as a form of aggression towards ones personal identity. 3 Surely this is metaphor run wild. If Im really consti- tuted by my information, which is essentially like software, then gathering my information is just a matter of copying it, so perhaps rather than being alarmed by the practice, thinking of it as an aggression on my identity, I should be attered by it, thinking of it as sharing my identity sharing mewith the rest of the world, and how could that be wrong? Seriously, though, we cannot take the phrase identity theft literally. 4 At any rate, if breaches of informational privacy dont steal me (or even clone me), there nevertheless do seem to be identity-affecting worries we might have about them. After all, if I do have a protected zone of private D. W. Shoemaker (&) Department of Philosophy, Bowling Green State University, Bowling Green, OH 43403-0216, USA e-mail: dshoema@bgsu.edu 1 From an article in the Toledo Blade called Snoops Dig Deeper into Web Habits, March 10, 2008; reprinted from the New York Times. 2 Such authors include Michelfelder (2001), Parker (2002, esp. p. 103), and Robison (1997). While not about informational privacy per se, Reiman (1976) also tries to connect privacy in general with identity. 3 Floridi (2005). 4 This point also reveals why illegal le sharing (of music and lms, e.g.) isnt a case of straightforward theft either. After all, its not as though the information has been taken from the owner, leaving him suddenly without it. Rather, its a case of unauthorized duplication of information still in the owners possession, so the theft is of the prots the owner would otherwise have had if the information had been purchased legally. Of course, theres no such analogous theft occurring in breaches of informational privacy, given that the breached individuals arent for sale. Thanks to Steve Wall for discussion on this point. 1 3 Ethics Inf Technol (2010) 12:315 DOI 10.1007/s10676-009-9186-x information, consisting in information about meinfor- mation about my identity, in other wordsthen a violation of that protected zone (whatever that might consist in) should obviously have an effect of some sort on my identity. But these ideas are terribly vague. It is my aim in this paper to make clearer sense of them. My overall thesis is that the relevant zone wanting protection consists in information about what I will call ones self-identity, the subset of ones properties consti- tuting ones core self and providing an answer to the question of who one really is. The reason for protection against breaches of this zone is that they undermine a certain aspect of ones autonomy, namely, ones ability to manage the public presentation of that self-identity. I begin, however, with a series of brief background discus- sions, about the nature of informational privacy generally, the threats to it from new technologies, and the serious puzzles they raise about the kind of public privacy at stake. At that point, because determining the relevant conception of self-identity is the real key to the argument, I will turn to a more detailed discussion of the strengths and weaknesses of various possible conceptions before settling on what I take to be the most plausible. I will then show how this conception best accounts for the concerns, puz- zles, and values at stake. Theories of informational privacy The concept of privacy has evolved signicantly over the years. Initially, for example, a concern for privacy was a concern primarily about intrusion. Later it was primarily about interference in decision-making. Now it is primarily about others access or exposure to ones personal infor- mation, or informational privacy. 5 But what does this sort of privacy consist in? What does it mean to have it? And what constitutes a wrongful breach of it? I will here briey discuss three leading theories of privacy and privacy rights as they pertain specically to informational privacy. The rst theory about the nature of informational pri- vacy itself is the control theory, which maintains that one has informational privacy to the extent one has control over some zone of personal information. 6 Although there is vagueness in such an account (e.g., whats the relevant zone, what does control consist in, and how much control should one plausibly have?), we may here simply assume that what matters is the extent to which one has control over whether or not to reveal ones personal information. Herman Tavani points out a worry about this theory, therefore, that it seems possible to lack privacy even though one maintains maximal control over the revelation of such information. Suppose for example that I decide to live my life as an open book, to reveal everything about myself to any interested partyperhaps I post all my personal information on a website and then also have web cameras installed in every room of my house and have web-cameramen follow me around outside the house. Here it seems I lack privacy altogether, despite the fact that I had complete control over whether or not to reveal my personal information. 7 This criticism seems unfair, however, given that a control theorist could easily say that ones privacy ranges over a specic domain of generally unrevealed informa- tion, and one has privacy to the extent one exercises control over access to that domain. Consequently, if there is simply no unrevealed personal information left over which one could exercise control, one would have no privacy left either, and this interpretation provides the right way to address Tavanis purported counterexample: one had con- trol over whether or not to reveal ones personal informationones zone of privacybut when one exer- cised that control and revealed it all, ones privacy from then on was indeed completely lost. There was just no information left over which one could exercise access control, so one no longer had any privacy. Nevertheless, the problem of vagueness still hovers over the control theory, so for it to be plausibly adopted and applied, it would need clearly to address what specically counts as the relevant zone of personal information (and why), as well as the extent of the control required (after all, surely one could never have complete control over every bit of information about oneself). 8 Worries of this kind have motivated some to adopt a different general theory of privacy known as the limitation theory, which maintains that one has informational privacy to the extent that information about oneself is limited or restricted in certain contexts. 9 In other words, the domain of information to which others have limited or no access simply constitutes ones zone of privacy. An important worry about this theory, though, is that it fails to appreciate or even recognize the necessity of control in constructing this zone, for often Im the one who grants or denies access to others to enter into it. 10 That is, it seems clear that I can continue to have privacy sometimes even when certain 5 Tavani (2007, pp. 67). 6 Those who have advocated a version of the control theory of privacy (in general) over the years include Fried (1990), Miller (1971), Westin (1967), Rachels (1975), Parent (1983), and Beardsley (1971). 7 Tavani (2007, p. 8). 8 Tavani (1999b, p. 267). 9 Tavani (2007, p. 9). For advocates of the view, see Gavison (1980) and Allen (1988). 10 Tavani (1999b, p. 267; 2007, p. 9). 4 D. W. Shoemaker 1 3 others have access to my personal information if Im the one who has granted that access, but there doesnt seem room for this possibility on the limitation theory. In addi- tion, an implication of the theory is that the greater the extent to which personal information is restricted, the greater my privacy, but it seems odd to say that I have maximal privacy when Im a castaway on a deserted island. The alleged problems with both the control and the limitation theories have motivated a third general theory combining the virtues of the rst two into a hybrid account, a theory called the Restricted Access/Limited Control the- ory (RALC), developed by Moor and Tavani in a series of singly and jointly authored papers. 11 On this view, one has privacy to the extent one is protected from intrusion and information access by others in the context of a situa- tion, 12 where situation is deliberately left vague. In presenting this theory, they make several important dis- tinctions. First, they distinguish between the condition of privacy and the right of privacy, the absences of which are, respectively, a loss and a violation. When one is in fact not protected from the relevant intrusion and information access, one lacks privacy, and where one had such pro- tection before, one has lost privacy. When there is in addition a normconventional, legal, or ethicalthat one ought to be protected in such contexts, one has a right of privacy in that context, and so if one is not therein pro- tected from intrusion and access, ones right to privacy has been violated. 13 So, for example, a zone of normative privacy has been constructed around ones medical infor- mation: one ought to be protected from certain people outside ones medical circle accessing that information, and when such a breach occurs, ones right to privacy has been violated. Notice, then, that control doesnt play a role in the concept of privacy in and of itself. Instead, privacy just consists in there being a normative zone limiting access to information in certain contexts. Nevertheless, for Moor and Tavani, limited control does play a crucial role in the justication of these normative zones. After all, what warrants construction of such a zone around ones medical information? The answer is that people need some limited amount of control over whom they associate with, what jobs they hold, and what insurance plans they select, 14 and so limiting the access that people outside ones medical circle have to ones medical information, say, addresses that need. Limitednot absolutecontrol is also impor- tant with respect to the management of ones personal information. For example, one may waive restrictions on informational access to certain other people, allowing them access without it constituting a breach of privacy. 15 Of these three theories of privacy, I believe the control theory is the least problematic. We have already seen some of the difculties of the limitation theory. There are dif- culties as well with RALC, although it will take discussion of an important puzzle to appreciate just what they are. The puzzle of privacy in public The puzzle, introduced and discussed by Helen Nissen- baum, is that of privacy in public. 16 The cases Nissenbaum asks us to consider here are compelling: public surveillance (e.g., facial recognition scanning at the Super Bowl); the gathering and storing of information at various retailers; public access to birth and marriage records, as well as to various licenses; and the storage of ones online prefer- ences and information on databases, which is then harvested by secondary sources who deploy algorithms to it in order to unearth patterns and relationships, which were previously unknown, and to use this new information, i.e., new facts and relationships in the data to make deci- sions and forecasts. 17 This last is known as data mining, and its the practice on which Ill focus. The puzzle, then, is this: data mining draws from pub- licly available bits of information, indeed, bits that are willingly shared. Nevertheless, people launch vitriolic objections to data mining, the collection and patterning of those bits, claiming that it undermines their privacy inter- ests, perhaps even violates their privacy rights. But how can we make sense of such an objection in light of the public nature of the information mined? 18 Nissenbaum believes there is a genuine privacy interest in such cases, but she also recognizes that it is difcult to construct a justicatory framework for it. Most general accounts of privacy have a blind spot regarding privacy in public, and its easy to see why. The publicly available information about us is often viewed as not very sensitive or intimate, and so as innocuous as it is, any claim to privacy with respect to it will be easily outweighed by 11 Moor (1990, 1997), Tavani and Moor (2001), and Tavani (2007, pp. 913). 12 Tavani (2007, p. 12). 13 Ibid., p. 10. 14 Ibid., p. 12. 15 Ibid. 16 See Nissenbaum (1997, 1998). 17 Tavani (1999a, p. 137). 18 Nissenbaum discusses the case of Lotus Marketplace: Households, which involved a joint effort in 1990 by Lotus Development Corporation and Equifax Inc. to produce a database containing personal information (available in public records) about the lifestyles and spending habits of 120 million people, and then sell it on CD-ROM to marketers. There were approximately 30,000 letters of protest, and in 1991 the companies announced they were abandoning the project. See Nissenbaum (1998, pp. 564565). Self-exposure and exposure of the self 5 1 3 virtually any competing interest. Indeed, once youve exposed that information, you unreasonably restrict the freedom of others when you cry privacy. If youre wearing an ugly hat in public and I see it, what reasonable claim could you possibly have on me not to talk about its ugliness to my friends? 19 And yet this seems to be precisely whats going on when people object to data mining. What might justify this response? There are, of course, purely instrumental worries that may be relevant. For example, I may object to peoples having access to my banking or credit card information, precisely because of the harm they may cause me in using that information to bad ends, e.g., so-called identity theft. But this isnt the sort of complaint that seems to be at issue here, which is allegedly an objection explicitly to the breach of privacy involved, an objection directed to col- lection and patterning of the information in and of itself, and not to the immoral or annoying uses that might be made of it. Nissenbaum offers two considerations in working out a justication for the objection. First, what happens in data mining is a (perhaps objectionable) violation of contextual integrity. That is, the information has been willingly released into one context, with norms attached for appro- priate handling and exchange, but it is now being gathered and patterned in a very different context. So just because information has been willingly exposed, that doesnt mean its up for grabs when divorced from the context of its original exposure. 20 Second, while it may be true that bits and pieces of personal information arent all that sensitive, that doesnt mean that certain collections or patterns of information arent capable of exposing people quite pro- foundly. 21 And insofar as this sort of public exposure is objectionable, one may have a legitimate privacy interest in such publicly available information. Neither consideration does enough to help us out, however. With regard to the rst point, much more needs to be said about the nature of the various contexts in question. For instance, what makes the relevant norms in the two contexts so different, whats the source of our epistemic condence that they are so different, and why think con- textual integrity is a relevant ground for objection anyway? With regard to the second point, how precisely are people being exposed, and exposed profoundly, by the pat- terning of their public information, and in what respects is this exposure objectionable? Furthermore, while the considerations Nissenbaum gives may still point (rather vaguely) in the direction of a possible justication for a right to informational privacy, they fall short of an actual justication until a connection is made to the key values at stake. Nissenbaum suggests a version of the control theory, that to have informational privacy is to have control over how one lives ones life, and this sort of control is among the conditions for a free society, and so enhances peoples capacity to function as autonomous, creative, free agents. 22 This sounds vaguely important but the key word once again is vaguely. How exactly does my web-based prole of you interfere with your autonomy or creativity? Youre still able to do whatever you want, to determine your own behavior, and how you go about doing so is still entirely up to you. Indeed, this connection between violations of informational privacy and setbacks to autonomy is repeatedly trotted out in the literature, with equally vague specications of pre- cisely what the connection is. 23 Threats to autonomy certainly sound scary, but its utterly unclear just why and how violations of informational privacy constitute such threats, and thus utterly unclear just why we should be so scared of them. Nissenbaums answer to the puzzle of privacy in public, while suggestive, is far too vague to be of service. Tavani explicitly suggests that his and Moors RALC theory gains in plausibility because of the way it deals with the puzzle of privacy in public, but his results are, unfor- tunately, just as vague as Nissenbaums. The key to their theory is determining whether or not there should be a declaration of normative privacy regarding this sort of publicly available information. RALC is, after all, context sensitive, and its advocates maintain that it is always the situation or the zone, not the kind of information itself, that is used in determining whether information should be normatively protected. 24 Consequently, Tavani appeals to a publicity principle as relevant in cases of data mining, a principle maintaining that all norms governing personal information should be known to and understood by all affected parties. With this condition in place, the various parties would thereby be in a position to determine whether or not we are in a normatively private situation as we troll the web, and if so, it could then be determined to be a situation subject to various protections. This is just as unsatisfying an answer as Nissenbaums, however. That there is already thought to be a zone of privacy in this public forum seems evident, given the numerous complaints about its breach (and not merely about its loss). But why is this the case, and indeed, should it be the case? I think we can do much better at clarifying 19 Nissenbaum (1998, pp. 571572). 20 Ibid., pp. 581589. 21 Ibid., p. 589. 22 Ibid., p. 592. 23 See, e.g., Nissenbaum (1998, p. 592), Michelfelder (2001, p. 130), Westin (1967, p. 33), Gavison (1980, p. 442), Flaherty (1997, p. 187), and Innes (1992). 24 Tavani (2007, p. 15). 6 D. W. Shoemaker 1 3 just whats going on here, i.e., just what the nature of the (non-instrumental) objection to data mining consists in. 25 In the following two sections, I will argue that the demands for recognition of a zone of informational privacy, as well as protection against its breach, are essentially demands for protection against the unauthorized exposure of ones identity. What, though, is the nature of the identity in question? And what reasons are there, if any, for protecting against its unauthorized exposure? I address the rst question in the next section, and the second question in the section to follow. Self-identity In this section, I want to discuss four different accounts of identity that might be relevant to the establishment of a normative zone of informational privacy. Before discussing these, though, we may rst set aside a sense of identity that is utterly irrelevant here, namely, that of the numerical identity of persons across time. This is the sense thats usually under discussion when talking about personal identity, and such discussants are typically searching for a criterion of what makes X (a person) at some point in time one and the same as an individual Y at some other time. What were looking for here, however, is the nature of identity in a very different sense, one that addresses the more existential question, Who am I really? This is what Marya Schechtman calls the characterization sense of identity, and it addresses the question of which features make someone the person she is. 26 Think of the matter this way. I have numerous proper- ties: I have a pancreas, ten ngers, pinkish skin, two arms, two legs, and various other physical traits, while I also have many psychological traits, such as various beliefs, desires, values, and emotional dispositions. Only a certain subset of these properties makes me who I am as a person, however. Only a certain subset will contribute to an understanding of me (on the part of both others and myself). Only a certain subset is mine, carving out a sense of self both relevant and useful for moral and political philosophy. It is my task in this section to make some suggestions about the proper account of this subset, what I will call an account of self- identity. Before beginning, though, its important to note that I am not maintaining here that the self is some kind of distinct ontological object or that it has certain essential properties. Instead, I simply believe theres some subset of all my properties that is much more relevant than the rest to answering the question, Who am I?a subset providing a sensible understanding of meand so our task is to gure out what makes that subset of properties relevant in this particular way. One way to put the demand here is that we want to nd out the best explanation of what it means for me to be identied with some particular set of properties, and such talk of identication conjures up thoughts of Harry Frankfurts groundbreaking work on the topic. 27 Over many articles, Frankfurt weaves a tale about the nature of identication that winds up looking something like the following: from the set of desires I have to do various things, one (or more) of them is rendered truly mine authorized to move me to actionjust in case I have a higher-order desire that it move me, a higher-order desire with which Im also satised, i.e., with which I have no conicting higher-order desires. 28 Many have disagreed with Frankfurts view over the years, often rejecting it in favor of a more rationalist view, 29 but tracking this debate isnt our concern, for nothing in the neighborhood represents the account of self- identity that were after. Instead, these accounts are all about the nature of self-determination, about what makes the psychological elements that move me truly authorized by my self. But the account of self-identity were looking for is far broader than merely an account of self-authorized motivation. After all, there are many psychological prop- erties central to my self-identity that may actually play no role in motivation, e.g., various theoretical beliefs, emo- tional dispositions, hopes, experience-memories, and so forth. In addition, the Frankfurtian account is really about identication of a moment, about a point in time where a special relation between the self and a particular psycho- logical element is formed, whereas were looking for a much more robust, sustained, and stable story about the self. One might think, then, that the natural way to ameliorate this concern would be to adopt an account of narrative identity, an account developed in most careful detail by Marya Schechtman. On her view, what makes some action, experience, or psychological feature mineproperly attributable to meis that I give it an intelligible place in the self-told story of my life. Insofar as various experiences 25 Getting clear on the nature of the objection to data mining is quite independent from establishing a right against it. Obviously, the former is a necessary condition of the latter, but I dont attempt the latter here. I will, however, say a few words about such a rights establishment towards the end of the paper. 26 Schechtman (1996, p. 2). She calls numerical identity the reiden- tication sense of identity. 27 See various of the essays in Frankfurt (1988), including Freedom of the Will and the Concept of a Person, Identication and Externality, and Identication and Wholeheartedness. 28 See Frankfurt (1999). 29 See, e.g., various essays in Watson (2004), Velleman (2000), and Wallace (2006, esp. the essay Caring, Reexivity, and the Structure of Volition). Self-exposure and exposure of the self 7 1 3 become part of my life story, say, they may alter one anothers nature, or provide interpretive insights into one another, and the unit about whom the narrative is toldthe unity of the various disparate experiences, actions, and psychological features via the story I tellis me, the nar- rative ego. On this view, according to Schechtman, An individual constitutes herself as a person by coming to organize her experience in a narrative self-conception of the appropriate form. 30 Many details remain to be given about such a view, but for our purposes we need merely point out that it too is insufciently robust to provide the account of self-identity were looking for. For one thing, it focuses solely on the incorporation of various psychological properties into the self, but it seems clear that various physical properties as well can be essential to ones identity, e.g., for beautiful men and women, the structure of their physical features may be the key to understanding who they are; for females and racial minorities in America, omission of certain physical facts about them may omit key components of their selves. For another thing, the narrative view is a purely subjective, rst-person account of self-identitymy self is constructed by the story I tellbut in that story I may well deny or obscure truly important and relevant facts about me. Alternatively, while I may not actively engage in denial, I may simply fail to realize important and relevant facts about me, where these nevertheless are essential to an understanding of who I am. Insofar as this purely internally-driven, subjective nature of narrative identity leaves it ill-equipped to account for all aspects of self-identity, we may be attracted to a more externally-driven, objective account. In our third alterna- tive, then, Anthony Appiah draws from Charles Taylor to mark some sociological categories and distinctions that do just this. 31 Among the properties of ourselves we nd important for social life, according to Appiah, there are two dimensions, the collective and personal. Both of these aspects together make up what he calls our social identity. The collective dimension of ones social identity consists in the intersection of ones various collective identities, and these are the individual social categories into which one is judged by others to t, categories of race, gender, sexual orientation, ethnicity, or religion. 32 These are categories for kinds of persons. By contrast, the personal dimension of my social identity consists in the intersection of all those important social properties that dont comprise a recog- nized individual social category, e.g., wittiness, greediness, intelligence, or charmingness. 33 So while there are social categories of white or Catholic folksagain, insofar as they are seen as kinds of personsthere are no social categories of greedy or clever folks. The intersection, then, of both my personal dimension and my collective dimen- sion constitutes my complete social identity. 34 Does this sort of account provide what we want here? In particular, does Appiahs concept of social identity capture all that we think a concept of self-identity ought to capture, and does it properly establish or articulate the value(s) associated with the concept? Heres one reason to worry about the sufciency of the account. For Appiah, what renders some property part of my identity is its social importance. There may, however, be properties of mine that are socially important but arent part of my self-identity, and there may be properties that are part of my self-identity that arent socially important. As an example of the former, suppose that (in a very dif- ferent world) I were extremely beautiful or tall. These properties may be no part of my self-identityI may pay them no mind whatsoever and they may play no role at all as an organizing principle of my lifedespite their social importance. Alternatively, suppose having been made fun of as a child for wearing contact lenses torments me to this day, and I thus take wearing contact lenses to be a dening feature of my life. My being a contact-lens-wearer may thus be a crucial part of my self-identity, despite its lack of social importance (indeed, I may rail against the system for not recognizing such a property as socially impor- tant). 35 Now its of course true that various socially important properties are part of my self-identity. But if their social importance is neither necessary nor sufcient for getting them in there, what is? According to David Copp, the main trouble with Ap- piahs view stems from the fact that it maintains it is essentially other peoples responses to ones properties that determine which of them count as part of ones identity. 36 Now this isnt an entirely accurate charge, insofar as Ap- piah actually says ones properties are incorporated into ones identity in virtue of their being socially or morally important, 37 and a property could be morally important independently of other peoples responses or judgments. But at any rate the general thrust of the worry still holds, for on Appiahs view a propertys being part of ones identity is most denitely not a matter of ones own 30 Schechtman (1996, p. 134). 31 Appiah (1994). See also Taylor (1994). 32 Appiah (1994, pp. 150151). 33 Ibid., pp. 151152. 34 I can envision those who might try to resist this point by citing the stock southern U.S. movie character who drawls to the outsider in a sinister way, Oh, so youre one of them there witty fellers. Nevertheless, this strikes me as more an attempt to create a social kind for easy other-categorization than a recognition of an actual, pre-existing social kind. 35 For examples along these lines, see Copp (2002, p. 368). 36 Copp (2002, p. 368). 37 Appiah (1994, p. 151). 8 D. W. Shoemaker 1 3 feelings or beliefs about it, and this seems far too external a story. We might, then, try again to push a more subjective story, insisting that its only ones own actual attitudes toward the properties in question that determine their identity-status. One such possibility is that a property becomes part of ones self-identity just in case one values it. 38 This option seems mistaken as well, though, given that either one may have a negative attitude towards a property thats still part of ones self-identityas when one hates the fact that one is gay or one is extremely tallor one may have neither a positive nor a negative attitude towards a property that is nevertheless part of ones identityas is the case for many who are straight, white, and male. 39 In addition, one might value some property that isnt a part of ones self-identity, although this may be less obvious. To see this, start with the more obvious point that one could judge a property valuable without it being part of ones self-identity, as when I judge that there is in fact value in being beautiful, but despite being beautiful myself its simply no part of my self-identity. This case might seem clear insofar as judging X valuable doesnt entail actually valuing X, but I also think valuing some property doesnt necessarily make it part of ones self-identity. In the rst place, one may value it very little, as when I value having blue eyes, but being blue-eyed is nevertheless no part of my self-identity. On the other hand, I may value one of my properties a great deal without it being part of my self-identity, as when I value greatly my having two legs and two arms, but knowing that Im two-armed or two- legged is just irrelevant to understanding who I am. The fourth view of self-identity we will consider, then, is Copps own view, according to which a property is part of ones self-identity, roughly, if one has beliefs about it that, in various circumstances, would ground emotions of self-esteempositive or negativein a stable way, where the relevant emotions include pride, shame, humiliation, embarrassment, satisfaction, condence, disgrace, and so on. 40 There are two important things to note about this view. First, it maintains that ones self-identity consists in a set of propositions. Each proposition is that one has a certain property, F. Either one believes the proposition that one has F or one doesnt. If one does, and if that propo- sition grounds an emotion of self-esteem, then the proposition that one has F is part of ones self-identity. However, if one doesnt believe one has F, then if one would nevertheless have certain emotions of self-esteem regarding F in certain counterfactual conditions, then F may still be part of ones identity. For example, I may not necessarily believe that being white and being male are part of my identity, but suppose another white male were to commit some hate crime and I felt ashamed that I too was white and male in that circumstance. If that were the case, the propositions that I am white and that Im male seem to be part of my self-identity. In addition, suppose I were to come to believe I werent white or male (as part of some radical experience machine experiment, say), and as a result I were to feel mortied. This again suggests that being white and male is part of my self-identity, despite my occurrent lack of beliefs about those properties. 41 The second important thing to note is that the emotions of self-esteem are grounded by the propositions which one believes (or would believe in the counterfactual conditions just citedfrom here on out for the sake of simplicity Ill talk about self-identity just in terms of the propositions one actually believes). How, though, does this grounding work? On the one hand, the proposition itself may be the object of esteem, as is the case when one is proud of the fact that one is gay, or the rst female governor of a state, and so forth. On the other hand, one might cite the identity-constituting proposition merely to explain why one feels as one does, as is the case when I feel pride at winning the tiddly-winks contest in virtue of the fact that Ive had partial paralysis in my arm for several years. And sometimes, of course, both forms of grounding may be in place: one identity-consti- tuting proposition may ground an emotion of self-esteem in virtue of its being the object of the emotion, while that emotion is also explained in virtue of another proposition about oneself. How, then, does this account of self-identity deal with the insufciencies of the previous three attempts? The worry about Frankfurtian-style accounts of identication was that they focused solely on the psychological features relevant to motivation at a time, whereas other psycho- logical features may actually be relevant to self-identity, which also requires some sort of stability across time. The self-esteem account easily plugs these holes. On the one hand, the relevant sort of stability is built into the account, for eeting emotions of self-esteem simply dont count to bring their grounding propositions into ones identity. 42 On the other hand, the account incorporates many more fea- turesboth psychological and physicalthan just putative motivating desires as part of ones identity. Indeed, Frankfurtian identication is simply about one aspect of our identity, namely, the respect in which the self is implicated in action. But understanding the self requires much more than this. One worry about the narrative identity account was that it focuses solely on psychological properties, excluding 38 See, e.g., Korsgaard (1996, p. 101). 39 Cf., Copp (2002, pp. 367368). 40 Ibid., e.g., pp. 371375. 41 Ibid., pp. 374375. 42 Ibid., p. 372. Self-exposure and exposure of the self 9 1 3 physical features that are clearly included in peoples identity. In addition, by focusing entirely on the story I tell about my life as the determinant of my self-identity, the narrative identity view has difculty incorporating features I fail to recognize or about which I might deceive myself. The self-esteem account does very well on both counts, however. On the one hand, it can clearly incorporate physical features just in those cases in which beliefs about such features do or would ground emotions of self-esteem in their owners. On the other hand, the self-esteem account doesnt depend on the story the person actually tells herself as determining her self-identity, so it can incorporate fea- tures ignored by that person. It is what ones emotional reactions are or would be that determine ones identity rather than what stories one tells oneself, and this seems right: regarding whats important, our emotional reactions dont lie, whereas we ourselves often do. Finally, the self- esteem account also captures what is intuitively attractive about the narrative identity view, insofar as it too helps make sense of ones life in terms of a narrative structure. As Copp puts it: A persons self-esteem identity can be viewed as a selective narrative about her life, history, situation, social context, plans, and projects. I think it is plau- sible to call this narrative her identity because it is a narrative about her that she herself believes and that grounds her own basic emotional attitude toward herself. If she came to have different beliefs about herself, with the result that this narrative changed, she would feel differently about herself. 43 Finally, the self-esteem theory of identity is preferable to Appiahs social identity view. For one thing, it can incorporate all the relevant socially important properties Appiah discusses, where beliefs about those properties ground emotions of self-esteem. In addition, the self- esteem theory also incorporates properties that arent socially (or morally) important, sometimes being properties one merely wishes were socially important, and sometimes being properties whose social importance one rejects or couldnt care less about. 44 The self-esteem view of self-identity strikes me as extremely plausible, although it will be important for our later discussion to consider some possible counterexamples to it. First, suppose I feel that my obsession with my self- esteem has ruined my life to this point, for it has made me a slave to certain sorts of emotional ups-and-downs. As a result, I work hard at eliminating these emotional reactions (via a study of Buddhism, say), and I become quite suc- cessful. It seems right to say about me that whats central to my identity is now my esteem-independent character, despite the fact that my believing my character is esteem- independent doesnt ground any emotions of self-esteem. Of course, its as yet extremely unclear whether or not we can make sense of someone like this. After all, wouldnt this person be disappointed in himself if he found out hed lost his esteem-independent character? 45 In any event, though, Im more interested in whether or not Copp draws the emotional boundaries of the self in the right place. He focuses on a particular subset of emotional reactions, specically those that implicate self-esteem. Mature emotional reactions like this are, as Ive argued elsewhere, expressions of ones cares, indications of whats important to one. 46 And insofar as the relevant emotions are those of self-esteem, it seems natural to think that these emotional reactions are indeed picking out properties of the self. But why should we think these are the only relevant properties of the self? I think, for instance, that its exactly right to treat beliefs grounding feelings of shame as being just as important to ones identity as beliefs grounding pride, 47 but might there not be non-esteem-related emo- tions that indicate something important about ones identityabout who one isas well? Suppose that I care deeply about how others view my self-identity. Perhaps I am gay, and it matters a great deal to me that people in fact think of me as gay. Suppose further that I believe both that I am gay and that I have this care. My belief that I am gay will of course ground emo- tions of self-esteem, usually pride. But what of my belief that I care deeply about being thought of as gay? Here there will be emotional reactions that are to be expected when this care is undermined, e.g., when people in fact dont think of me as gay, I will feel disappointment or anger. Now these arent emotions of self-esteem, but it never- theless seems as if the proposition that I care about being publicly perceived as gay is an important part of my identity; it will be difcult to understand me otherwise. More generally, I may have certain beliefs about the type of person I am, i.e., beliefs about the nature of my self- identity. Suppose, for instance, that I believe the proposi- tion that Im a person whose identity consists in the set of properties X, Y, Z. Suppose further that I care very much that this is what my identity in fact consists in. If it were to turn out that I were wrong, that this set wasnt in fact what my identity consists in, I would be deeply upset, but I may not necessarily experience any emotions specically rela- ted to self-esteem, e.g., pride or shame. Nevertheless, it seems that the fact that I do believe this and care about it so 43 Ibid., pp. 375376. 44 Ibid., p. 379. 45 Copp has agreed with this sort of reply to the case in correspondence. 46 Shoemaker (2003). 47 Copp (2002, p. 378). 10 D. W. Shoemaker 1 3 much renders it an aspect of my self-identity: Im the type of person who cares about the type of person he is, who cares about what his self-identity actually consists in. In light of such cases, we might either try to amend the account or show how it can handle the cases. One possible amendment would be to suggest that it is simply my set of cares simpliciter that determines my identity, such that if my belief about some proposition grounds an emotional reaction of any kind, its indicative of my caring about the item implicated in the proposition and so its a property of my self, part of my identity. And here we might think that certain properties are more or less central to my identity depending on the depth or strength of the relevant care. The worry about this sort of amended account is perhaps that its too broad, however, for I may have emotional reactions to all sorts of things that have nothing to do with what we think of as my identity (even if we allow a scalar dimension to it). The amended account also loses the theoretical advantages of the Copp version, which makes emotions of self-esteem central to the account precisely because theyre reactions to how we see or understand ourselves, and they seem to be the right sort of indicators for what we ourselves think is central to our nature. Indeed, they are just the sorts of emotional reactions we expect when one nds ones self exposed: pride, shame, embarrassment, mortication, con- tentment, and the like. So there are strong grounds to try to preserve the non-amended account. That said, how might the self-esteem account deal with the reexive cases, those in which beliefs and cares about ones identity are themselves part of ones identity? One way is simply to resist the description. Reconsider the case in which I care that others come to see my actual identity. It seems quite plausible to say that, were I to think people actually dont believe Im gay, Id really be mortied or embarrassed, and not just disappointed or angry. 48 It cer- tainly seems, after all, that Id experience pride were I to believe people actually do think Im gay, for they would be seeing me as I am, seeing my true self. And this is a sort of treatment we could run more widely to the more general reexive cares, for if it matters to me that I be a certain sort of person, it would be hard to see why I wouldnt be proud were I to believe I was that sort of person. In what follows, then, I will adopt and apply the self- esteem account of self-identity more or less as given. Nevertheless, if someone were to balk at its treatment of the reexive cases that we will address, it should still be possible to construct a broader amended version that will yield the same general results, although I wont undertake that construction here. Let us see, then, how this account of identity applies to the case of informational privacy. Given what Ive just said, it may be obvious what the application will consist in, so in comparison to the lengthy treatment of identity weve just undergone, my treatment here will be rather brief. Identity management and autonomy Before our detour into the nature of self-identity, we were looking for justications for both recognition of a zone of informational privacy and protection against its breach. Such justication has to consist in an articulation and defense of the nature and boundaries of the zone, as well as an account of the values at stake when the zone is violated. I believe the view of self-identity just detailed provides us with what we need. The two main intuitive ideas to be advanced here are these. First, the zone to be protected consists in information just about properties that are part of ones self-identity, so the boundaries of this zone will typically be smaller and more restrictive than the boundaries of the zone of infor- mation available about one generally. Second, when this zone is accessed in an unauthorized way, a specic aspect of autonomy is indeed undermined, namely, the ability to manage ones reputation, i.e., to manage the public expo- sure and construal of certain types of information about ones self-identity. In the remainder of the paper, I will try to explain and defend both of these ideas. Start with the rst, that the zone to be recognized and respected consists in information about ones self-identity. This is information about properties that ground ones emotions of self-esteem. It makes perfect sense, then, that this is precisely the sort of information one would want protected, for its being revealed may subject one to the humiliating possibilities of shame, embarrassment, and mortication. Notice too that the worry about exposure of this type isnt about possible instrumental harms, e.g., that someone will go on to do something harmful with this information. Rather, the worry is precisely about the fact that someone just knows certain aspects of ones identity, aspects one would prefer (in this instance) remain unknown (or perhaps little known). The harm is in the unauthorized exposure of ones self in and of itself. This suggests that, contrary to Tavanis RALC theory, it is not the situation or zone, but rather is the kind of information itself, that matters for determinations of normative protection. More can be said about this last point. As mentioned above, the zone of information to be protected will typi- cally be a small subset of all the information there is about one. For instance, I have a pancreas, ten ngers, desires for food, beliefs about the rules of golf, etc., but none of these properties is part of my self-identity, for my beliefs about them wouldnt ground any emotions of self-esteem. As a result, its difcult to think of this information as private or 48 This is a response Copp himself seems to favor (in correspondence). Self-exposure and exposure of the self 11 1 3 to nd a non-instrumental objection to others knowing it. But when such information hits close to home, as it were, being about the true me, then matters are entirely different, for now my self-esteem is at stake. It is thus by means of this distinction (between informa- tion about a person and information about that persons self- identity) that we can resolve the puzzle of privacy in public raised by considerations of data mining. For why would one object to data mining when it simply gathers up information thats already publicly available about oneself and patterns it? Heres one reason: the information thats publicly available tends to be information that isnt part of ones self- identity, whereas the patterning produced by data mining often is. Consider an illustration. Suppose I visit a number of websites one day, making purchases, downloading songs, watching videos, reading blogs. These activities yield vari- ous bits of information about me. Suppose then that a data mining program collects and collates these bits of informa- tion and produces the following prole of me for advertisers: Subject is an upper-middle-class straight white married male who owns an SUV (Sport Utility Vehicle), is a pro- fessor, and has two daughters and a dog. His taste in music and lms suggests he likes non-commercial fare and thinks of himself as independent-minded. He is politically rather liberal, and he provides charitable support to organizations helping those with disabilities. This is a prole that might well have been drawn from dollops of information that separately dont implicate anything about my identity, but when patterned in this way actually do: the proler now purports to know something about me, whereas without the patterning he just knew various unrelated bits about some persons life. Again, the immediate and obvious worry about anothers having this knowledge is that my particular self- identity may well mostly be a source of shame for me. Given various atrocities committed by straight white men, for example (pedophilia, domestic violence, warmonger- ing), I may be deeply ashamed to be one. That those properties are part of my identity is beyond question; that you (a stranger) know that I instantiate those properties that you think about me in that waymay nevertheless be deeply mortifying. What if it turns out, however, that the prole doesnt correctly capture my self-identity? Here it may seem we have a puzzle. Suppose that there are certain scripts for living my life that are attached to being a straight white male, life-scripts by which I have felt tyrannized. 49 As a result, Ive tried and eventually succeeded in rendering the various properties of skin color, gender, and sexual orien- tation outside my true self, making them akin to having a pancreas or ten ngers, no longer associated with any emotions of self-esteem. Why, then, would I object to being proled as a straight white male if those were not aspects of my self-identity any longer? The answer, I believe, is that emotions of self-esteem are still likely to be implicated here, just with respect to different properties. For even though I no longer have beliefs about my being straight, white, and male that ground emotions of self-esteem, I do have beliefs about the absence of such properties from my self-identity that do ground emotions of self-esteem. In other words, there may be facts about aspects of my identity itself with respect to which I feel pride or shame. 50 So one notable fact about my self-identity as a whole may be that theres nothing in it about skin color, gender, or sexual orientation, and my beliefs about this aspect of my current identity may spark real pride when noted and believed by others. Conversely, when this fact isnt noted, or worse, when others believe the opposite about meseeing me as in fact a straight white maleI may well be mortied. A data prole that pegs me in this way makes a mockery of my true identity. Relatedly, I may be mortied when people get my self- identity wrong, period, which is a distinct possibility in data mining. These are cases in which I just dont want people thinking the wrong thing about who I am, despite my not necessarily having any beliefs even about the absence of certain properties from my self-identity. My attitude here indicates that I care about the presentation of my self-identity in such a way that this fact about myself is incorporated into my very self-identity (this is the reexive case discussed earlier). Thus, when I feel mortication at someones incorrect construal of me, its this reexive belief about my self-identity thats implicated. 51 A similar sort of answer might be given to another seeming puzzle. We have focused to this point on the negative emotions of self-esteemshame, embarrassment, morticationthat may be conjured up by data mining. But what if these arent the emotions being conjured up? What if, after all, I take pride in the fact that Im a straight white male? Sure, an emotion of self-esteem is being implicated, but its a positive emotion. Why, then, would I object to that? I may not. In fact, I may like the fact that Ive been proled in this way so that I can receive some advertise- ments and special offers on items I truly want and will 49 See Appiah (1994, pp. 160163). 50 Cf., Copp (2002, p. 374, fn. 23). 51 A former colleague told me a story that provides a perfect analog to this sort of technological case. One day he was driving to work and when stuck at a light he dropped the carrot hed been eating between his legs. As he fumbled around trying to nd it, he glanced up and saw a bus of German tourists next to him, many of whom were staring in disgust at what it looked like he was doing in his car. He said he felt great mortication that this group of strangers would think such a thing of him, that he was some sort of pervert. 12 D. W. Shoemaker 1 3 appreciate. But it remains quite possible for me to object instead, despite the fact that there are no negative emotions of self-esteem being implicated in the prole itself, and the reason may be that, once again, I have a belief about how my self-identity ought to be presented. There may be plenty of things about me that Im proud of, but it may well be that I want to be the one to present them as such. Suppose Ive just won a big award and I cant wait to tell my wife about it, but you call her up and tell her before I can. Youve prevented me from presenting the news in the way I wanted to, and despite the fact that Im still proud of my accomplishment, youve tarnished it. Now this belief about how my self-identity is to be presented may itself ground emotions of self-esteem or it may not. I could be embarrassed when you prevent me from presenting my identity in the manner and forum I want, but I could just be angry. What matters for our purposes, though, is simply that one may have identity- related grounds for objecting to data mining and patterning even when the prole produced highlights elements of ones identity of which one is proud. Indeed, here is the connection to autonomy we had been seeking: when I am prevented from being able to present my self-identity to others in the manner I see t, my autonomy is undermined insofar as I am unable to do what I want with my self: I am rendered unable to expose that self to others on my own terms, unable to be the manager of my own reputation. Breaches of informational privacy thus take away a key element of self-determination, and therein lies the alleged non-instrumental harm. This harm may be in place even for those who wouldve presented precisely the identity presented by their data proler, for it may matter greatly to someone that he or she, and not someone else, be the one who exposes such information. Identifying autonomy as the value underlying informa- tional privacy suggests advocacy of a version of the control theory of privacy, according to which one has such privacy when one has control over ones personal information. Now as we have seen, there are objections to control the- ories generally, but I believe the view as specied here can answer them (while also providing a much sharper version of the control theory). The rst objection was that such theories cant account for cases in which someone reveals all his personal information, given the theorys seemingly absurd implication that because this person exercises con- trol over the release of such information, he still has privacy. As already noted, though, one could respond to this worry by pointing out that the relevant form of control ranges over ones unrevealed information only. The second worry was that it is quite unclear just what this zone of information is, precisely, but our answer to this ought to be obvious: the relevant information is information about ones self-identity. The third worry was a question about the extent of control required, for surely one couldnt have control over every aspect of information about oneself. Our answer is that the extent of control required is simply over the presentation of ones self-identity, and not over all information about oneself; indeed, lots of bits of informa- tion are available about oneself in a variety of forums, but as long as they dont implicate ones self-identity, they arent private in the sense under discussion. This suggests the following more specic and clearer version of the control theory: one has informational pri- vacy when one has control over the access to and presentation of (unrevealed) information about ones self- identity. This theory also fares well against the alternatives. For one thing, its an improvement over the limitation theory, given that what seems to matter is not simply that others have limited access to information about my self- identity, but that I control who has access and who doesnt. In addition, this theory is more plausible than Tavanis RALC theory, which emphasizes restriction of access to certain information in the context of a situation. This is quite vague, recall, providing no clear way to handle the privacy in public challenge, but it also seems wrongly to maintain that its not the type of information that matters for privacy. Instead, where the concern for privacy is solely about the non-instrumental harms attached to someone elses knowledge of certain information, the relevant type of information is simply information about ones self- identity. 52 What emerges from this discussion is what we may call the identity management objection to data mining and proling. People typically have an interest in controlling access to information about their self-identities, an interest serious enough that it may well ground a full-edged right to informational privacy. 53 We may summarize and sys- tematize the claims being made, then, as follows: 1. The Control Theory of Privacy: The domain of informational privacy, the zone to be protected, is information about ones self-identity, i.e., information 52 It may well be that RALC still works best with respect to a broader sense of privacy, where someone elses knowledge of my personal information may also be instrumentally harmful: that person might do something nasty with my information. In those sorts of cases, the domain of relevant information may indeed depend on the context of a situation. My medical information, for instance, probably involves no information about aspects of my self-identity. Nevertheless, the only reason to keep such information private (or restrict access to it) is to prevent harmful uses of it, by insurance companies, say. But when it comes to information whose exposure we deem non-instrumentally harmful, the relevant domain will be, I am suggesting, information about ones self-identity. 53 I do not discuss here, though, whether or not such an interest is in fact serious enough to ground a right. Im only interested in getting clear on the precise nature of the objection to data mining and the values that underline it. Self-exposure and exposure of the self 13 1 3 about all or part of the set of properties about which ones beliefs ground emotions of self-esteem. One has informational privacy to the extent one has control over others access to, and ones own presentation of, such (unrevealed) information. 2. The Identity Management Objection: Patterning and proling drawn from publicly-available bits of infor- mationdata miningis non-instrumentally objec- tionable insofar as it functions as a presentation by an unauthorized other of a construal of (aspects of) ones self-identity, a private matter, and the objectionable- ness here may have one of three sources: (a) where the construal is correct, but the aspects or exposure of the self-identity are shameful or embarrassing to the exposed party; (b) where the construal is correct, and the aspects of the self-identity exposed are ones about which the exposed party is proud, yet the exposed party wanted to be the one doing the exposing; or (c) where the construal is incorrect, which is itself a source of shame or embarrassment for the exposed party, given that partys emotional investment in his or her identity being construed in a certain way. 3. The Harm: The value grounding the objections in each case is a specic aspect of autonomy, namely, the capacity to manage, as much as possible, the presen- tation and public construal of ones self-identity. This aspect of ones autonomy is thus undermined in objectionable cases of data mining. 4. The Right: Insofar as the interest in protecting this aspect of autonomy is sufciently serious, it may ground a right to informational privacy. The basic idea is that if I have a right to informational privacy, I have a right to control or manage the presenta- tion of my self-identity. I also have a right to manage certain public construals of my self-identity, or at least to have some sort of say in determining what others think about the type of person I am. Now certainly I cant control what people in fact think about me. But I can typically have an effect on the ways people construe me in virtue of what aspects of my self-identity I myself expose (or allow to be exposed) as well as how I go about exposing them. What may be objected to in data mining and subsequent prol- ing, then, is that a construal has been effected without ones desired and expected input into the process. A nal note. Some people may not care at all about the management of their identities or various construals thereof. This may be because there arent any properties in their identity that are sources of shame or embarrassment, or it may be because they genuinely dont care how others think of them. But despite the lip service paid to the dictum to pay no mind to what others think about you, or the thought that you should do or be only what you can be proud of, I suspect that it is the rare person who is actually like this. 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