“Privacy is Dead!” is a Position of Privilege
I was sitting on a panel recently when someone in the audience interrupted me to yell “Privacy is Dead!” After I recovered from my surprise, I asked, “why do you think that?” His answer? Technology is everywhere. We use it daily in everything we do, and it is constantly collecting, tracking, storing and accessing information about us. We have no privacy.
He isn’t exactly wrong.
As a privacy professional however, I see this position as one of privilege. It’s easier to say privacy is dead or no longer exists because it’s convenient but for vulnerable populations who don’t have that luxury, it’s a matter of harm. Consider how technology reinforces and promotes inequality in these vulnerable populations – the algorithm used in hiring which may be discriminatory; “real-name” policies that do not allow for anonymity which may result in the disclosure of an individual’s gender identity or jeopardize the safety of a sexual assault survivor.
Raising concerns about protecting individual’s privacy amidst continuous advances in technology, surveillance, and data collection are often at the forefront of the minds of privacy professionals, the media, and legislators at both the State and Federal level. Concerns such as online tracking, government surveillance, data breaches, and the widespread use of social media have raised questions about the erosion of personal privacy. Those privacy protections may not account for vulnerable populations often overlooked in decisions about privacy regulations and policy.
Vulnerable populations are individuals who, because of race, class, gender, religion, or sexual identity are more susceptible to privacy violations that result in emotional, financial, physical harm or risk. While it is true that privacy protections – laws, regulations, the concept of “privacy by design” is a constantly evolving space in response to the changing technological and societal landscape, these populations may not be considered in the conversations.
By proclaiming that “privacy is dead,” we ignore these populations and promote the continued injustice. My hope is that any comprehensive data protection laws take these populations into account and help to standardize approaches to protecting data and vulnerable populations.
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