Database Reference
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information environment which is fair, accurate and efficient. At the same time, it
might lead to practices which are both invasive and discriminatory, yet in ways the
law has yet to grasp.
Chapter 19 starts with demonstrating this point by showing how the common
measures for mitigating privacy concerns, such as a priori limiting measures
(particularly access controls, anonymity and purpose specification) are
mechanisms that are increasingly failing solutions against privacy and
discrimination issues in this novel context.
Instead, we argue that a focus on (a posteriori) accountability and transparency
may be more useful. This requires improved detection of discrimination and
privacy violations as well as designing and implementing techniques that are
discrimination-free and privacy-preserving. This requires further (technological)
research.
But even with further technological research, there may be new situations and
new mechanisms through which privacy violations or discrimination may take
place. This is why Chapter 19 concludes with a discussion on the future of
discrimination and a discussion on the future of privacy. With regard to
discrimination, it is worth mentioning that a shift to automated predictive
modeling as means of decision making and resource allocation might prove to be
an important step towards a discrimination-free society. Discriminatory practices
carried out by officials and employees could be detected and limited effectively.
Nevertheless, two very different forms of discrimination-based problems might
arise in the future. First, novel predictive models can prove to be no more than
sophisticated tools to mask the "classic" forms of discrimination of the past, by
hiding discrimination behind new proxies for the current discriminating factors.
Second, discrimination might be transferred to new forms of population segments,
dispersed throughout society and only connected by one or more attributes they
have in common. Such groups will lack political force to defend their interests.
They might not even know what is happening.
With regard to privacy, the adequacy of the current legal framework is
discussed with regard to the technological developments of data mining and
profiling discussed in this topic. The European Union is currently revising the data
protection legislation. The question whether these new proposals will adequately
address the issues raised in this topic is dealt with.
References
Adriaans, P., Zantinge, D.: Data mining. Addison Wesley Longman, England (1996)
Artz, M.J.T., van Eijk, M.M.M.: Klant in het web. In: Privacywaarborgen voor
Internettoegang. Achtergrondstudies en verkenningen, vol. 17. Registratiekamer, Den
Haag (2000)
Berlin, I.: Four Essays on Liberty. Oxford University Press, Oxford (1969)
Berti, L., Graveleau, D.: Designing and Filtering On-line Information Quality: New
Perspectives for Information Service Providers. In: Ethicomp 1998, 4th International
Conference on Ethical Issues of Information Technologies, Rotterdam (1998)
Blanchette, J.F., Johnson, D.G.: Data retention and the panopticon society: the social
benefits of forgetfulness. In: Introna, L. (ed.) Computer Ethics: Philosophical Enquiry
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