Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. Group Privacy: New Challenges of Data Technologies Editors: Linnet Taylor Tilburg Institute for Law, Technology, and Society (TILT), P.O. Box 90153, 5000 LE Tilburg, The Netherlands [email protected] Luciano Floridi Oxford Internet Institute, University of Oxford, 1 St Giles Oxford, OX1 3JS, United Kingdom [email protected] Bart van der Sloot Tilburg Institute for Law, Technology, and Society (TILT), P.O. Box 90153, 5000 LE Tilburg, The Netherlands [email protected] 1 Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. Contents Acknowledgements Notes on Contributors 1. Introduction: a new perspective on privacy Linnet Taylor, Luciano Floridi and Bart van der Sloot 2. Group privacy and data ethics in the developing world Linnet Taylor Tilburg Institute for Law, Technology, and Society (TILT), P.O. Box 90153, 5000 LE Tilburg, The Netherlands; email: [email protected]; tel: 0031 616626953 3. Group privacy in the age of Big Data Lanah Kammourieh, Thomas Baar, Jos Berens, Emmanuel Letouzé, Julia Manske, John Palmer, David Sangokoya, Patrick Vinck [email protected]; [email protected] 4. Beyond “Do No Harm” and Individual Consent: Reckoning with the Emerging Ethical Challenges of Civil Society’s Use of Data Nathaniel A. Raymond Signal Program on Human Security and Technology, Harvard University, [email protected] 5. Group Privacy: a Defence and an Interpretation Luciano Floridi Oxford Internet Institute, University of Oxford, 1 St Giles Oxford, OX1 3JS, United Kingdom; [email protected] 6. Social Machines as an Approach to Group Privacy Kieron O’Hara and Dave Robertson Corresponding author: Kieron O’Hara Southampton University; [email protected] 2 Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. 7. Indiscriminate Bulk Data Interception and Group Privacy: Do Human Rights Organisations Retaliate Through Strategic Litigation? Quirine Eijkman Leiden University, [email protected] 8. From group privacy to collective privacy: towards a new dimension of privacy and data protection in the big data era Alessandro Mantelero Politecnico di Torino, [email protected] 9. The Group, the Private, and the Individual: A New Level of Data Protection? Ugo Pagallo Law School, University of Turin; [email protected] 10. Genetic Classes and Genetic Categories: Protecting Genetic Groups through Data Protection Law Dara Hallinan and Paul de Hert Corresponding author: Dara Hallinan, Vrije Universiteit Brussel; [email protected] 11. Do groups have a right to protect their group interest in privacy and should they? Peeling the onion of rights and interests protected under Article 8 ECHR Bart van der Sloot, Tilburg Institute for Law, Technology, and Society (TILT), P.O. Box 90153, 5000 LE Tilburg, The Netherlands; email: [email protected] 12. Conclusion: what do we know about group privacy? Linnet Taylor, Luciano Floridi and Bart van der Sloot 3 Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. Acknowledgements This book had its genesis in a serendipitous conversation between Linnet Taylor and Luciano Floridi at the Oxford Internet Institute in early 2014. Subsequently Mireille Hildebrandt became part of this discussion, and in September 2014, in cooperation with Bart van der Sloot, we organised a workshop on the topic of group privacy at the University of Amsterdam which generated several of the chapters that follow. We thank Isa Baud, Karin Pfeffer and the Governance and International Development group at the University of Amsterdam for supporting that workshop, and also to attendees including Mireille Hildebrandt, Beate Roessler, Nico van Eijk, Julia Hoffman and Nishant Shah, who contributed important ideas and insights to the discussion. For further illuminating conversations, insights and opportunities we also thank Julie Cohen, Nicolas de Cordes, Rohan Samarajiva and Gus Hosein. 4 Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. Notes on contributors Thomas Barr works within HumanityX (Centre for Innovation, Leiden University), Thomas supports organisations working in the peace, justice and humanitarian sector to spearhead innovations in order to increase their impact on society. As part of an interdisciplinary team, he helps partners to turn ideas into working prototypes over short periods of time. With a background in conflict studies and responsible innovation, he focuses in his work and research on both the opportunities and (data responsibility) challenges offered by data-driven innovations for peace and justice. Jos Berens is educated in law and philosophy, and has held prior positions at the Dutch Foreign Ministry and the World Economic Forum. He currently heads the Secretariat of the International Data Responsibility Group, a collaboration between the Data & Society Research Institute, Data-Pop Alliance, the GovLab at NYU, Leiden University and UN Global Pulse. Together, these partners advance the agenda of responsible us of digital data for vulnerable and crisis affected populations. Jos is project officer at Leiden University’s Centre for Innovation, where he focuses on the risks, and the ethical and legal aspects of projects in the HumanityX program. Paul De Hert is full-time professor at the Vrije Universiteit Brussel (VUB), associated professor at Tilburg University and Director of the Fundamental Rights and Constitutionalism Research Group (FRC) at VUB. After having written extensively on defence rights and the right to privacy, De Hert now writes on a broader range of topics including elderly rights, patient rights and global criminal law. Quirine Eijkman (Phd.) is a Senior-Researcher/Lecturer at the Centre for Terrorism and Counterterrorism of the Faculty Campus The Hague, Leiden University and the head of the Political Affairs & Press Office of Amnesty International Dutch section. This paper is written in her personal capacity. Her research focuses on the (side) effects of security governance for human rights, transitional justice and the sociology of law. She teaches (master)courses on Security and the Rule of Law and International Crisis and Security Management. Luciano Floridi is Professor of Philosophy and Ethics of Information at the University of Oxford, where he is the Director of Research of the Oxford Internet Institute. Among his recent books, all published by Oxford University Press: The Fourth Revolution - How the infosphere is reshaping human reality (2014), The Ethics of Information (2013), The Philosophy of Information (2011). He is a member of the EU's Ethics Advisory Group on Ethical Dimensions of Data Protection, of Google Advisory Board on “the right to be forgotten”, and Chairman of the Ethics Advisory Board of the European Medical Information Framework. Dara Hallinan studied law in the UK and in Germany and completed a Master’s in Human Rights and Democracy in Italy and Estonia. Since May 2011, he has been a researcher at Fraunhofer ISI and 5 Authors’ final draft: Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer. since June 2016 at the Leibniz Institute for Information Infrastructure. The focus of his work is the interaction between new technologies - particularly ICT and biotechnologies - and society. He is writing his PhD under the supervision of Paul De Hert at the Vrije Universiteit Brussel on the possibilities presented by data protection law for the better regulation of biobanks and genomic research in Europe. Lanah Kammourieh is a privacy and cybersecurity lawyer and policy professional. She is also a doctoral candidate at Université Panthéon-Assas (Paris 2). Her legal research has spanned topics in public international law, such as the lawfulness of drones as a weapons delivery platform, as well as privacy law, such as the compared protection of email privacy under U.S. and E.U. legislation. She is a graduate of Université Panthéon-Assas, Sciences Po Paris, Columbia University, and Yale Law School. Emmanuel Letouzé is the Director and co-Founder of Data-Pop Alliance. He is a Visiting Scholar at MIT Media Lab, a Fellow at HHI, a Senior Research Associate at ODI, a Non-Resident Adviser at the International Peace Institute, and a PhD candidate (ABD) in Demography at UC Berkeley. His interests are in Big Data and development, conflict and fragile states, poverty, migration, official statistics and fiscal policy. He is the author of the UN Global Pulse's White Paper, “Big Data for Development: Challenges and Opportunities", where he worked as Senior Development Economist in 2011-12, and the lead author of the report "Big Data for Conflict Prevention" and of the 2013 and 2014 OECD Fragile States reports. In 2006-09 he worked for UNDP in New York, including on the Human Development Report research team. In 2000-04 he worked in Hanoi, Vietnam, for the French Ministry of Finance as a technical assistant on public finance and official statistics. He is a graduate of Sciences Po Paris (BA, Political Science, 1999, MA, Economic Demography, 2000) and Columbia University (MA, 2006), where he was a Fulbright fellow. Julia Manske co-leads the project ”Open Data & Privacy“ at Stiftung Neue Verantwortung (SNV), a Berlin-based think tank. In this responsibility she works on the development of privacy frameworks for sharing and using data, for instance in smart city contexts. Furthermore, Julia has expertise in digital policies and digital rights in the context of global development. She is a member of Think Tank 30, an offshoot of the Club of Rome, a Research Affiliate with Data-Pop Alliance in New York and is a Global Policy Fellow of ITS in Rio de Janeiro.