Data Dilemmas in the Information Society: Introduction and Overview - Discrimination and Privacy in the Information Society - page 22

choices in what information they provide about themselves to others (so-called
informational self-determination), 42 this choice is limited to the data in databases
and usually does not pertain to any results of data mining and profiling.
Furthermore, due to the so-called lack of forgetfulness of information
technology, 43 people have even less influence on their digital reputation. In order
to reinforce the informational self-determination of people, Finocchiaro and Ricci
propose the inverse of the right not to know, 44 which is the right to oblivion, 45
providing for the deletion of information which is no longer corresponds to an
individual's identity.
In Chapter 17, Zarsky addresses the commonly heard complaint that there is a
lack of transparency regarding the data that is collected by organizations and the
ways in which these data are being used. Particularly in the context of data mining
and profiling, transparency and transparency enhancing tools have been mentioned
as important policy tools to enhance autonomy. 46 Transparency may also forward
democracy, enhance efficiency and facilitate crowdsourcing, but it may also
undermine policies and authority and generate stereotypes. While acknowledging
that transparency alone cannot solve all privacy and discrimination issues
regarding data mining and profiling, Zarsky provides a policy blueprint for
analyzing the proper role and balance for transparency in data mining and
profiling.
In Chapter 18, Zarsky considers whether the use of data mining can be
conceptualized as a search (possibly an illegal search) and how this perspective
can be used for policy responses. Illegal search is a common concept in criminal
law, but applying this concept in the setting of data mining is novel. Three
normative theories are introduced on illegal searches: these may be viewed as
unacceptable psychological intrusions, as limits to the force of government or as
limits to ´fishing expeditions´, i.e., looking through data of people who raise no
suspicion. Zarsky shows how these theories can be used to understand data mining
as illegal searches and how regulators and policymakers can establish which data
mining practices are to be allowed and which must be prohibited.
1.4.6 Part VI: Concise Conclusions
Part VI of this topic provides some concise conclusions. In Chapter 19, some
general conclusions are drawn and the way forward is discussed. Throughout the
topic it becomes clear that a powerful paradigm shift is transpiring. The growing
use of data mining practices by both government and commercial entities leads to
both great promises and challenges. They hold the promise of facilitating an
42 Westin, A. (1967).
43 Blanchette, J.F., and Johnson, D.G. (1998).
44 Chadwick, R., Levitt, M., and Shickle, D. (1997).
45 The right to oblivion is sometimes referred to as the right to be forgotten. This right was
also included in the EU proposal for revision of the EU data protection legislation that
leaked end of 2011. See: https://www.privacyinternational.org/article/quick-review-
draft-eu-data-protection-regulation
46 Hildebandt, M. (2009).