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Christian Social Ethics How should the protection of privacy, threatened by new technologies like radio frequency identification (RFID), be seen from a Judeo-Christian perspective? A dissertation by Erwin Walter Schmidt submitted in accordance with the requirements for the degree of Master of Theology in the subject Theological Ethics at the UNIVERSITY OF SOUTH AFRICA Supervisor: Prof Dr Puleng LenkaBula Co-supervisor: Dr Dr Volker Kessler November 2011 1 © 2012-11-10 UNISA, Erwin Walter Schmidt, student no. 4306-490-6 Summary Radio Frequency Identification (RFID) is a new technology which allows people to identify objects automatically but there is a suspicion that, if people are tracked, their privacy may be infringed. This raises questions about how far this technology is acceptable and how privacy should be protected. It is also initiated a discussion involving a wide range of technical, philosophical, political, social, cultural, and economical aspects. There is also a need to consider the ethical and theological perspectives. This dissertation takes all its relevant directions from a Judeo-Christian theological perspective. On one side the use of technology is considered, and on the other side the value of privacy, its infringements and protection are investigated. According to Jewish and Christian understanding human dignity has to be respected including the right to privacy. As a consequence of this RFID may only used for applications that do not infringe this right. This conclusion, however, is not limited to RFID; it will be relevant for other, future surveillance technologies as well. 2 © 2012-11-10 UNISA, Erwin Walter Schmidt, student no. 4306-490-6 Key terms: Radio frequency identification, privacy, human rights, right to privacy, technology, information and communication technology, privacy enhancing technology, Internet of Things, data protection, privacy impact assessment. Candidate’s Statement I declare that the dissertation entitled “How should the protection of privacy, threatened by new technologies like radio frequency identification (RFID), be seen from a Judeo-Christian perspective?” is my own work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. November 18th, 2011 Erwin Walter Schmidt 3 © 2012-11-10 UNISA, Erwin Walter Schmidt, student no. 4306-490-6 Table of Contents Abbreviations .......................................................................................................... 7 Introduction ............................................................................................................. 9 1 The special case of RFID ........................................................................ 9 2 The subject of this dissertation.............................................................. 10 3 Theological and ethical aspects of the question.................................... 11 4 Relevance of this subject for the actual situation.................................. 13 5 Method of research................................................................................ 15 6 Brief overview and outline of the study................................................ 18 1 RFID and its applications in Western societies............................................. 20 1.1 Components of an RFID system ........................................................... 20 1.2 Literature related to RFID and privacy ................................................. 20 1.3 Description of the actual situation......................................................... 28 1.4 Ethical questions around technological developments.......................... 31 1.4.1 Definition of the term technology ................................................. 32 1.4.2 Historical development ................................................................. 34 1.4.3 Industrial Revolution..................................................................... 36 1.4.4 Nuclear weapons........................................................................... 38 1.4.5 Environmental protection.............................................................. 40 1.4.6 Information age............................................................................. 42 1.4.7 Position of RFID as new technology............................................. 46 1.5 Technical description of RFID.............................................................. 47 1.5.1 How RFID works.......................................................................... 47 1.5.2 Applications of RFID.................................................................... 49 1.5.3 Economical benefits of RFID........................................................ 51 1.5.4 Infringements and protection of privacy ....................................... 54 1.5.5 Attack scenarios and privacy enhancing technologies.................. 56 1.6 RFID in the context of technological development .............................. 58 2 Privacy issues in Christian Ethics ................................................................. 59 2.1 Privacy related literature ....................................................................... 59 2.2 Definitions of privacy and influences on privacy ................................. 60 2.2.1 Privacy in classical Greek thought................................................ 60 4 © 2012-11-10 UNISA, Erwin Walter Schmidt, student no. 4306-490-6 2.2.2 Local privacy................................................................................. 62 2.2.3 Informational privacy.................................................................... 63 2.2.4 Decisional privacy......................................................................... 64 2.2.5 Positive and negative freedom ...................................................... 65 2.2.6 Freedom in Christian thought........................................................ 68 2.3 Privacy in the Judeo-Christian context.................................................. 69 2.3.1 Created in God’s image................................................................. 70 2.3.2 Noah’s privacy.............................................................................. 72 2.3.3 Protection of human beings in the Decalogue and the Law.......... 73 2.3.3.1 The Ten Commandments.......................................................... 74 2.3.3.2 The Mosaic Law....................................................................... 78 2.3.4 Privacy in ancient Hebrew society................................................ 79 2.3.4.1 No privacy in relations.............................................................. 80 2.3.4.2 Protected marriage.................................................................... 82 2.3.4.3 Protected property..................................................................... 82 2.3.4.4 The revelation of sin ................................................................. 84 2.3.4.5 Privacy in the books of the prophets......................................... 85 2.3.5 Privacy in the New Testament ...................................................... 87 2.3.5.1 Jesus’ interpretation of the Ten Commandments...................... 87 2.3.5.2 The commandment of love and the Golden Rule ..................... 89 2.3.5.3 How to deal with sin and sinners .............................................. 90 2.3.5.4 The mark of the beast................................................................ 94 2.3.6 General remarks on the Biblical teaching ..................................... 96 2.4 Privacy in the theological context ......................................................... 97 3 Privacy versus power .................................................................................... 98 3.1 Power over nature.................................................................................. 98 3.2 Governmental power............................................................................. 98 3.3 The influence of technology on governmental power......................... 101 3.4 Privacy as human right........................................................................ 104 3.4.1 Rationale for a right of privacy ................................................... 104 3.4.2 Christian foundations of human rights........................................ 106 3.5 The privacy/power dichotomy ............................................................ 113 5 © 2012-11-10 UNISA, Erwin Walter Schmidt, student no. 4306-490-6 4 Overview of the present political and sociological situation ...................... 114 4.1 Privacy in the context of cultures worldwide...................................... 114 4.1.1 Privacy in cultural anthropology................................................. 114 4.1.2 Critique on the individualism/collectivism dichotomy ............... 117 4.1.3 The privacy/common good balance ............................................ 121 4.2 Legislation on privacy and on RFID................................................... 123 4.2.1 Data protection laws in Europe ................................................... 123 4.2.2 Principles for protecting personal data........................................ 125 4.2.3 RFID legislation in the United States.......................................... 126 4.2.4 RFID regulations in Europe ........................................................ 128 4.3 The global relevance of privacy protection......................................... 130 5 Conclusions and future developments........................................................
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