Nissenbaum, Helen. Privacy in Context: Technology, Policy, and the Integrity of Social Life
(Stanford Law Books). Stanford University Press, 2010. Kindle Edition.
The Thesis
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What people care most about is not simply restricting the flow of information but ensuring that it flows appropriately, and an account of appropriate flow is given here through the framework of contextual integrity.
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This is the right I have called contextual integrity (CI), achieved through the harmonious balance of social rules, or norms, with both local and general values, ends, and purposes.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 4385-4389). Stanford University Press - A. Kindle Edition.
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Context-relative informational norms function descriptively when they express entrenched expectations governing the flows of personal information, but they are also a key vehicle for elaborating the prescriptive (or normative) component of the framework of contextual integrity. It should be clear that the doctrine of “reasonable expectation of privacy,” which has usefully served to adjudicate privacy disputes in countless court cases and policy-making settings, is conceptually closely allied to contextual integrity.
Nissenbaum, Helen (2009-11-Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 24994418-25004420). Stanford University Press - A. Kindle Edition.The prescriptive component of the CI framework is based on a claim that if a new practice violates entrenched informational norms it constitutes a violation of contextual integrity
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Contextual Integrity (CI) has a prescriptive as well as a descriptive facet
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Context-relative informational norms function descriptively when they express entrenched expectations governing the flows of personal information, but they are also a key vehicle for elaborating the prescriptive (or normative) component of the framework of contextual integrity.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2499-2500). Stanford University Press - A. Kindle Edition.
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The approach I recommend The approach I recommend here is to compare entrenched normative practices against novel alternatives or competing practices on the basis of how effective each is in supporting, achieving, or promoting relevant contextual values.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 3323-3325). Stanford University Press - A. Kindle Edition.
- and -
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Electoral voting context: Attempts to interject such new technologies, to improve the process, have shown how past practices, now entrenched, have achieved a delicate balance. Albeit imperfectly, these practices have more or less succeeded in maintaining utmost confidentiality for individual voters while maintaining reliability and accountability, and achieving an accurate count while protecting voters against coercion and (the harm of) retaliation.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 3384-3387). Stanford University Press - A. Kindle Edition.
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The analytical framework
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Contexts are structured social settings characterized by
- activities,
- roles, relationships, power structures,
- norms (or rules), and
- internal values (goals, ends, purposes).
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2551-2552). Stanford University Press - A. Kindle Edition.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2591-2592). Stanford University Press - A. Kindle Edition.
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For example:
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Certain contexts are articulated in great detail, for example, voting stations, courtrooms, and highly ritualized settings such as church services.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2606-2607). Stanford University Press - A. Kindle Edition.
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The scope and definition of contextual integrity as a tool for assessing privacy issues
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Given the myriad norms that govern activities and practices within and across contexts, consider those that are specifically concerned with the flow of personal information -- - transmission, communication, transfer, distribution, and dissemination -- - from one party to another, or others.
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The framework of contextual integrity maintains that the indignation, protest, discomfit, and resistance to technology-based information systems and practices, as discussed in Part I, invariably can be traced to breaches of context-relative informational norms. Accordingly, contextual integrity is proposed as a benchmark for privacy.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2706-2713). Stanford University Press - A. Kindle Edition.
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More analytical framework and terminology
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informational norms regulate the flow of information of certain types about an information subject from one actor (acting in a particular capacity, or role) to another or others (acting in a particular capacity or role) according to particular transmission principles.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2802-2809). Stanford University Press - A. Kindle Edition.
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Using the CI framework to assess privacy concerns of proposed new practices
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I am interested in addressing the question of when and why some of these alterations in activities provoke legitimate anxiety, protest, and resistance.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2887-2888). Stanford University Press - A. Kindle Edition.
---------- Use of contextual integrity model to assess new practices
Definition for the notion of a violation of conceptual integrity
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If the new practice generates changes in actors, attributes, or transmission principles, the practice is flagged a violating entrenched informational norms and constitutes a prima facie violation of contextual integrity.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 2890-2892). Stanford University Press - A. Kindle Edition.
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Problematic side of
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CI assessment as a test
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If conformity with pre-existing informational norms is a measure of contextual integrity, then any new practice that contravenes entrenched norms is flagged as problematic.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 3096-3097). Stanford University Press - A. Kindle Edition.
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Resolution of the dilemma of CI as a test
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In recognition of this presumption, if a new practice breaches entrenched informational norms, I will say that there has been a prima facie violation of contextual integrity. At the same time, if a way can be found to demonstrate the moral superiority of new practices, this presumption could be overcome and what was recognized as a prima facie violation may be accepted as morally legitimate.
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 3152-3155). Stanford University Press - A. Kindle Edition.
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Augmented Contextual Integrity Decision Heuristic1.
- Describe the new practice in terms of information flows.
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- Identify the prevailing context. Establish context at a familiar level of generality (e.g., “health care”) and identify potential impacts from contexts nested within it, such as “teaching hospital.”
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- Identify information subjects, senders, and recipients.
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- Identify transmission principles.
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- Locate applicable entrenched informational norms and identify significant points of departure.
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- Prima facie assessment: There may be various ways a system or practice defies entrenched norms.
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- Evaluation I: What might be the harms, the threats to autonomy and freedom? What might be the effects on power structures, implications
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- for justice, fairness, equality, social hierarchy, democracy, and so on?
- Evaluation II: Ask how the system or practices directly impinge on values, goals, and ends of the context. In addition, consider the meaning or significance of moral and political factors in light of contextual values, ends, purposes, and goals.
- On the basis of these findings, contextual integrity recommends in favor of or against systems or practices under study
Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 3481-3487). Stanford University Press - A. Kindle Edition.
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Nissenbaum, Helen (2009-11-24). Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford Law Books) (Kindle Locations 44183481-44203487). Stanford University Press - A. Kindle Edition.
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Additional Points
“the transparent society,” in which we no longer fight the practices but work to ensure that all are watched and watching equally.
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