Author Topic: Reasonable Expectations of Privacy  (Read 1842 times)

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Offline 2397

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Re: Reasonable Expectations of Privacy
« Reply #30 on: December 03, 2018, 02:03:59 PM »
I think the problem is that there's enough processing and enough data out there to make a lot of it un-anonymizable.

It's an example of something different, but with the same general flavour - if you turn Locations off in your Android phone, and do not allow for the tracking of your location in any way (but otherwise use your phone for normal things like a normal person would), someone who knows what they are doing can still pretty much construct a map of exactly where you were and when.  I don't have a link but I definitely read a story about it (good skepticism there, Big Mike).

In the same way, my understanding is that there's enough anonymized data out there about us that you can still re-assemble something for individuals.  "This anonymous person drives from this same residence to this same place of work every weekday", that sort of thing.

The standard "can't be used to identify someone" at some point would preclude the keeping of almost ANY data.

If you know that one person has done multiple things over time, you can pin them down. So anything that can be used to single out a specific person, such as traveling from a home to a place of work, needs to not be part of the data to begin with. And each instance of data needs to be tied to no specific person.

Stores can still make a note of things like this shirt sells well on Fridays or whatever.
« Last Edit: December 03, 2018, 02:10:23 PM by 2397 »

Online swan

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Re: Reasonable Expectations of Privacy
« Reply #31 on: December 03, 2018, 05:34:31 PM »
In another nice bit of privacy news... Ford's CEO thinks that leveraging customers' data, both from the financing & purchasing and all of the data your car reports, for marketing is a good idea. It fits too nicely with the EU's idea that car manufacturers should own all the data reported by your vehicles. Of course Ford's spokesperson walked it back, saying that they don't sell any of the protected financial information, but "in the future" they may integrate all of that information to help with other businesses opportunities they are eyeing.

Of course, I'm sure they'll be happy to let government have full access to these driving records too, "to help keep us all safe." Then why do I feel less safe? :(

Offline TheIrreverend

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Re: Reasonable Expectations of Privacy
« Reply #32 on: December 03, 2018, 08:41:56 PM »
Ooh, a Canadian legal topic which correctly uses legal phrasing!  How exciting.

The leading case on the REP is R v Tessling, 2004 SCC 67.  The basic test has existed since the early days of the Charter, that is a) does the individual have a subjective expectation of privacy, and b) is that expectation objectively reasonable?

The basic thing which is protected at law was defined some years before in Plant, where Justice Sopinka stated:

Quote from: Sopinka J
In fostering the underlying values of dignity, integrity and autonomy, it is fitting that s. 8 of the Charter should seek to protect a biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the state.  This would include information which tends to reveal intimate details of the lifestyle and personal choices of the individual.

So, does a person walking through the mall have a subjective expectation of privacy?  I'm not sure that they do.  You're in a public place, you should know that it is highly likely that you are being surveilled.  The additional use of the cell phone data might make the expectation slightly more reasonable, but I'm not entirely convinced.  I admit that I'm really not someone who has privacy concerns in the way that many people do, so I may be biased.
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Online The Latinist

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Re: Reasonable Expectations of Privacy
« Reply #33 on: December 04, 2018, 12:28:15 PM »
I wonder if future generations will just become used to the lack of any expectation of privacy and whether that fact might have the side-effect of causing society of necessity to be more tolerant.  I can imagine a day, for instance, where it might be impossible for anyone to maintain the privacy of his sex life or sexual fantasies but where judging people for their sexual proclivities or using them against them in a public debate or employment decision, etc., would be a strong taboo.
I would like to is undesirable to believe in a proposition when there is no ground whatever for supposing it true. — Bertrand Russell

Offline 2397

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Re: Reasonable Expectations of Privacy
« Reply #34 on: December 04, 2018, 01:46:06 PM »
You'll still have fragmented information and awareness, at least until everyone's doing the surveillance and everyone has direct access to everyone's data. At the moment we often can't get access to police records for ongoing investigations and trials, whoever controls the data will refuse to share it if it doesn't benefit them.