Privacy and Protection of Personal Integrity in the Working Place

Transcription

1 Privacy and Surveillance Technology Interdisciplinary Perspectives ZiF Centre for Interdisciplinary Research University of Bielefeld, Germany February 10-11, 2006 Gordana Dodig-Crnkovic Department of Computer Science and Electronics Mälardalen University Sweden Privacy and Protection of Personal Integrity in the Working Place 1

2 CONTENTS INTRODUCTION PRIVACY DEFINITIONS MONITORING AND SURVEILLANCE SURVEILLANCE TOOLS LEGISLATION WHOSE RESPONSIBILITY? THE UNIVERSAL CORE VALUES FOUND ACROSS CULTURES TRUST AND WORKPLACE PRIVACY INVENTING SOCIALLY DANGEROUS TECHNOLOGY ETHICS OF TRUST LEGITIMACY BY DESIGN AND TRUSTWORTHY COMPUTING CONCLUSIONS 2

3 PRIVACY Privacy is a fundamental human right recognized in all major international agreements regarding human rights such as Article 12 of the Universal Declaration of Human Rights (United Nations, 1948). 3

4 WHAT I LEARNED THUS FAR? Michael: privacy as a social construct Vincent: if humans are not involved, privacy can not be breached Philip: privacy operationalized how to do something Nadia: radical translation? privacy its meaning in post 9/11, balancing or managing priorities Nuala: Identity question at the core of the problem establishing identity Charles Raab: public policy perspective need for more academic research alongside action research privacy as a public good, essential for society at large, not only for an individual 4

5 PRIVACY One of characteristics of private is it is not official. Nevertheless, we expect a certain degree of privacy even in the most official situations. 5

6 INTRODUCTION Disappearance of boundaries between private and professional life: - ubiquitous computing and - ambient intelligence Privacy protection vs. surveillance of employees 6

7 MONITORING AND SURVEILLANCE TOOLS Closed Circuit Television (CCTV) Night vision system Smart cards Telephone taps Computer usage ( monitoring,, Internet monitoring and filtering, instant message monitoring, keystroke logging) Cellular radio/satellite interception Radio Frequency Identification (RFID) Location monitoring... 7

8 COMPUTERS AS TOOLS FOR MONITORING AND SURVEILLANCE Storage Searching, Sorting, Simulation the four basic S s of computing technology makes it unprecedented tools for monitoring and surveillance 8

9 Face Fingerprint / Palm Print Hand and Finger Geometry Handwriting Iris Voice/Speaker Retinal Multimodal 9

10 SPECIFIC METHODS OF WORKER SURVEILLANCE Packet-sniffing software can intercept, analyze, and archive all communications on a network, including employee e-e mail, chat sessions, file sharing, and Internet browsing. Employees who use the workplace network to access personal e accounts not provided by the company are not protected. Their private accounts, as long as they are accessed on workplace network or phone lines, can be monitored. Keystroke loggers can be employed to capture every key pressed on a computer keyboard. These systems will even record information is typed and then deleted. Phone monitoring is pervasive in the American workplace as well. Some companies employ systems automatically monitor call content and breaks between receiving calls. 10

11 SPECIFIC METHODS OF WORKER SURVEILLANCE Video surveillance is also widely deployed. In a number of cases, video surveillance has been used in employee bathrooms, rest areas, and changing areas. Video surveillance, might be acceptable where the camera focuses on publicly-accessible areas. However, installment in areas where employees or customers have a legitimate expectation of privacy, such as inside bathroom stalls, can give the employee a cause of action under tort law. 11

12 SPECIFIC METHODS OF WORKER SURVEILLANCE "Smart" ID cards can track an employee's location while she moves through the workplace. By using location tracking, an employer can even monitor whether employees spend enough time in front of the bathroom sink to wash their hands. New employee ID cards can even determine the direction the worker is facing at any given time. Psychometric or aptitude testing to evaluate potential employees: Such tests purport to assess intelligence, personality traits, religious belief, character, and skills. 12

13 SPECIFIC METHODS OF WORKER SURVEILLANCE Telecommuting Employees who labor remotely from the workplace encounter different privacy challenges. For instance, how can the employer monitor the employee's home without impinging upon non-work work-related related activities? What limits are there to prevent surveillance of the employee during off- hours? What about information collected about non-employee family members who may use work equipment? 13

14 LEGISLATION The Universal Declaration of Human Rights Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. UN s s International Covenant on Civil and Political Rights (ICCPR) 14

15 LEGISLATION The Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data The Organization for Economic Cooperation and Development's Guidelines Governing the Protection of Privacy and Transborder Data Flows of Personal Data 15

16 LEGISLATION PRIVACY AND HUMAN RIGHTS Report Personal Information must be: obtained fairly and lawfully, used only for the original specified purpose, adequate, relevant and not excessive to purpose, accurate and up to date, and destroyed after its purpose is completed 16

17 FAIR INFORMATION PRACTICES APPLIED BY INTERNATIONAL LABOUR ORGANIZATION Employees should have notice of data collection processes. Data should be collected and used lawfully and fairly. Employers should collect the minimum necessary data required for employment. Data should only be collected from the employee, with informed consent. c Data should only be used for reasons directly relevant to employment, ment, and only for the purposes for which the data were originally collected. ed. Data should be held securely. Workers should have access to data. Data should not be transferred to third parties absent consent or to comply with a legal requirement. Workers cannot give up their privacy rights. Medical data is confidential. Certain data, such as sex life and political and religious beliefs, should not be collected. Certain collection techniques, such as polygraph testing, should be prohibited. 17

18 WORKPLACE PRIVACY ISSUES Fair information practices in relation to employee personal data,, especially in relation to: application of OECD Guidelines-conformant principles and processes; care with sensitive data, such as medical information; balanced procedures in relation to evaluative materials; Surveillance of activities using employer-provided provided facilities: at the level of keystroke-rate; rate; at the level of application usage; traffic analysis (e.g. telephone-numbers numbers called and called from, correspondents, web-sites visited) content analysis (e.g. messages and telephone converstions,, content of web-pages visited); Fair dealings by employers (trustworthiness).. A fundamental concern has been that the behaviour of some employers is inconsistent with their policy statements, e.g. some state that they do not monitor, when in fact they do; 18

19 WORKPLACE PRIVACY ISSUES Intrusions into privacy of the person,, such as: substance-abuse abuse testing; polygraph ('lie-detector') testing;... Intrusions into privacy of personal behaviour, such as: audio surveillance; telephone-number number monitoring; telephone conversation monitoring; video surveillance;... 19

20 WHOSE RESPONSIBILITY? AGENCY AND SURROGATE AGENCY The layers of trust, Kainulainen (2001): Individual - machine Individual - individual Individual - (machine) - individual Individual - identifiable small groups (social aspect) Individual - groups/organizations (authority, higher levels of hierarchy and abstraction) Group group Johnson and Powers (2004) study the problem of the responsibility of (autonomous) agents which are used as role or "surrogate" mediators 20

21 WHY VALUE PRIVACY? PRIVACY AND DEMOCRACY In intruding on privacy, which is closely related to freedom and autonomy, surveillance can be considered to have, ultimately, a negative effect on democracy. 21

22 THE UNIVERSAL CORE VALUES FOUND ACROSS CULTURES Caring for children; Trust; Prohibitions against murder. having the following effects: Assuring the continuity of population in terms of number of individuals and ways of behavior; Respecting the commonly accepted set of rules, which provides predictability and stable relationships; Preventing the extinction of the population. (Lawrence M. Hinman,, University San Diego) 22

23 TRUSTWORTHINESS AND WORKPLACE PRIVACY Parallels between Computer Ethics and Medical Ethics: Francis (1993) in the section Ethics of Trust vs. Ethics of Rights discusses autonomy, informed consent and the rights of patients. Basically, the relation between a specialist and a lay- person is of power and subjection and must be grounded on mutual trust. 23

24 THE DESIGN OF COMPUTER SYSTEMS Historically an unconditional trust on the part of the general public in the inherent goodness of technology has been shown to be unwarranted. 24

25 THE DESIGN OF COMPUTER SYSTEMS The design of computer systems has not historically been organized in a democratic way. Designers and users have had little interaction, and users have had little control over the resulting systems, except perhaps through the indirect routes available to them through resistance in the workplace and the refusal to purchase relatively unusable systems for their own use. 25

26 THE DESIGN OF COMPUTER SYSTEMS Yet over the last ten or twenty years, a growing movement, originating in Scandinavia but now increasingly influential in other industrialized countries, is attempting to reform the design of computer systems in a more democratic direction (Bjerknes( Bjerknes, Ehn, and Kyng 1987, Schuler and Namioka 1993). Agre (1994) 26

27 THE DESIGN OF COMPUTER SYSTEMS Technology can go a long way toward protecting the privacy of individuals, but we also need a legal framework to ensure technology isn't outlawed (Bernstein: /.) We can't protect privacy through case law, and self-regulation hasn't worked. Deborah Pierce 27

28 INVENTING SOCIALLY DANGEROUS TECHNOLOGY 1. Build it as safe as you can, and build into it all the safeguards to personal values you can imagine. 2. Tell the world at large you are doing something dangerous. Weiser,,

29 CODES OF ETHICS (Primarily Targeting Designers) ACM (Association for Computing Machinery) BSC (British Computer Society) IEEE (Institute( of Electrical and Electronics Engineers) DataForum CF (Civilingenjörsf rsförbundet) rbundet) 29

30 A PRIVACY CULTURE Whether or not privacy is protected by law or contract, fostering a workplace culture where privacy is valued and respected contributes to healthy human relations, and makes good business sense. 30

31 LEGITIMACY BY DESIGN AND TRUSTWORTHY COMPUTING The first phase of the intentional design for democracy is the explication of the embedded moral significance of ICT while the next is the development of the corresponding technology (Yu( and Cysneiros,, 2002). The existing analyses of the state of the art of privacy issues worldwide (fifty countries in ) bear witness to how much work remains to be done. 31

32 LAYERS OF TRUSTWORTHINESS Trust in the intent of designers Trust in the quality of workmanship Trust in the users 32

33 ETHICS OF TRUST Trust is like the glue holds society together -- without it, we crumble into tiny isolated pieces collide randomly with one another. In a world without trust, individuals cannot depend on one another; as a result, individuals can only be out for themselves. Hinman (2002) 33

34 CONCLUSIONS TRUSTWORTHINESS must be established in the use of ICT, where both users and the technology will be trustworthy. This in the first place presupposes the INFORMED CONSENT of all the parties involved. This trust must be established GLOBALLY because the data contained in networked computers virtually knows no boundaries. 34

35 References Gordana Dodig-Crnkovic Privacy and Protection of Personal Integrity in the Working Place Privacy and Surveillance Technology Interdisciplinary Perspectives - Workshop at ZiF Centre for Interdisciplinary Research, University of Bielefeld, Germany, February 10-11, 2006 Gordana Dodig-Crnkovic, Virginia Horniak Good to Have Someone Watching Us from a Distance? Privacy vs. Security at the Workplace; Ethics of New Information Technology, Proceedings of the Sixth International Conference of Computer Ethics: Philosophical Enquiry, CEPE 2005 July 17-19, 19, 2005, University of Twente, Enschede, The Netherlands ; Brey P,Grodzinsky F and Introna L. Eds. 35

36 The Ethics of Workplace Privacy Sven Ove Hansson og Elin Palm Peter Lang Bruxelles s. Bogomtale fra forlaget. In recent years, new and more intrusive surveillance technology has found its way into workplaces. New medical tests provide detailed information about workers' biology that was previously unthinkable. An increasing number of employees work under camera surveillance. At the same time, computers allow for a detailed monitoring of our interactions with machines, and all this information can be electronically stored in an easily accessible format. What is happening in our workplaces? Has the trend towards more humane workplaces been broken? From an ethical point of view, which types and degrees of surveillance are acceptable, and which are not? From a policy point of view, what methods can be used to regulate the use u of surveillance technology in workplaces? These are some of the questions that have driven the research reported in this book. Written by an interdisciplinary group of researchers in Computer Ethics, Medical Ethics and Moral Philosophy, this book provides a broad overview that covers both empirical and normative aspects of workplace privacy. 36