Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-07-06T14:35:37.214Z Has data issue: false hasContentIssue false

2 - Big Data’s End Run around Anonymity and Consent

Published online by Cambridge University Press:  05 July 2014

Solon Barocas
Affiliation:
New York University
Helen Nissenbaum
Affiliation:
New York University
Julia Lane
Affiliation:
American Institutes for Research, Washington DC
Victoria Stodden
Affiliation:
Columbia University, New York
Stefan Bender
Affiliation:
Institute for Employment Research of the German Federal Employment Agency
Helen Nissenbaum
Affiliation:
New York University
Get access

Summary

Introduction

Big data promises to deliver analytic insights that will add to the stock of scientific and social scientific knowledge, significantly improve decision making in both the public and private sector, and greatly enhance individual self-knowledge and understanding. They have already led to entirely new classes of goods and services, many of which have been embraced enthusiastically by institutions and individuals alike. And yet, where these data commit to record details about human behavior, they have been perceived as a threat to fundamental values, including everything from autonomy, to fairness, justice, due process, property, solidarity, and, perhaps most of all, privacy. Given this apparent conflict, some have taken to calling for outright prohibitions on various big data practices, while others have found good reason to finally throw caution (and privacy) to the wind in the belief that big data will more than compensate for its potential costs. Still others, of course, are searching for a principled stance on privacy that offers the flexibility necessary for these promises to be realized while respecting the important values that privacy promotes.

This is a familiar situation because it rehearses many of the long-standing tensions that have characterized each successive wave of technological innovation over the past half-century and their inevitable disruption of constraints on information flows through which privacy had been assured. It should come as no surprise that attempts to deal with new threats draw from the toolbox assembled to address earlier upheavals. Ready-to-hand, anonymity and informed consent remain the most popular tools for relieving these tensions – tensions that we accept, from the outset, as genuine and, in many cases, acute. Taking as a given that big data implicates important ethical and political values, we direct our focus instead on attempts to avoid or mitigate the conflicts that may arise. We do so because the familiar pair of anonymity and informed consent continues to strike many as the best and perhaps only way to escape the need to actually resolve these conflicts one way or the other.

Type
Chapter
Information
Privacy, Big Data, and the Public Good
Frameworks for Engagement
, pp. 44 - 75
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bollier, David, The Promise and Peril of Big Data (Washington, DC: The Aspen Institute, 2010)Google Scholar
Anderson, Janna and Rainie, Lee, The Future of Big Data (Washington, DC: Pew Research Center, July 20, 2012)Google Scholar
Barocas, Solon, “Data Mining: An Annotated Bibliography,” Cyber-Surveillance in Everyday Life: An International Workshop (Toronto, Canada: University of Toronto, 12–15 May 2011)Google Scholar
Sweeney, Latanya, “K-Anonymity: A Model for Protecting Privacy,” International Journal of Uncertainty, Fuzziness and Knowledge-Based Systems 10, no. 5 (October 2002): 557–570CrossRefGoogle Scholar
Ohm, Paul, “Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization,” UCLA Law Review 57, no. 6 (August 2010): 1701–1777Google Scholar
Cranor, Lorrie Faith, “Necessary but Not Sufficient: Standardized Mechanisms for Privacy Notice and Choice,” Journal on Telecommunications and High Technology Law 10, no. 2 (Summer 2012): 273–445Google Scholar
Acquisti, Alessandro and Grossklags, Jens, “Privacy and Rationality in Individual Decision Making,” IEEE Security and Privacy Magazine 3, no. 1 (January 2005): 26–33CrossRefGoogle Scholar
Solove, Daniel J., “Privacy Self-Management and the Consent Dilemma,” Harvard Law Review 126, no. 7 (May 2013): 1880–1880Google Scholar
Manyika, James et al., Big Data: The Next Frontier for Innovation, Competition, and Productivity (McKinsey Global Institute, 2011)Google Scholar
Demystifying Big Data: A Practical Guide to Transforming the Business of Government (Washington, DC: TechAmerica Foundation, 2012)
Frontiers in Massive Data Analysis (Washington, DC: The National Academies Press, 2013)
Warden, Pete, Big Data Glossary (Sebastopol, CA: O’Reilly Media, 2011)Google Scholar
Hildebrandt, Mireille, “Defining Profiling: A New Type of Knowledge?” in Profiling the European Citizen: Cross-Disciplinary Perspectives, ed. Hildebrandt, Mireille and Gutwirth, Serge (Dordrecht, Netherlands: Springer, 2008), 17–45CrossRefGoogle Scholar
boyd, Danah and Crawford, Kate, “Critical Questions for Big Data,” Information, Communication & Society 15, no. 5 (June 2012): 662–679CrossRefGoogle Scholar
Steiner, Christopher, Automate This: How Algorithms Came to Rule Our World (New York: Portfolio/Penguin, 2012)Google Scholar
Mayer-Schönberger, Viktor and Cukier, Kenneth, Big Data: A Revolution That Will Transform How We Live, Work, and Think (New York: Houghton Mifflin Harcourt, 2013)Google Scholar
Fayyad, Usama, “The Digital Physics of Data Mining,” Communications of the ACM 44, no. 3 (March 1, 2001): 62–65CrossRefGoogle Scholar
Weinberger, David, “The Machine That Would Predict the Future,” Scientific American 305, no. 6 (November 15, 2011): 52–57CrossRefGoogle ScholarPubMed
Provost, Foster and Fawcett, Tom, “Data Science and Its Relationship to Big Data and Data-Driven Decision Making,” Big Data 1, no. 1 (March 2013): 51–59CrossRefGoogle ScholarPubMed
Dhar, Vasant, “Data Science and Prediction,” Communications of the ACM 56, no. 12 (December 1, 2013): 64–73CrossRefGoogle Scholar
Gandy, Oscar H., “Consumer Protection in Cyberspace,” tripleC: Communication, Capitalism & Critique 9, no. 2 (2011): 175–189CrossRefGoogle Scholar
Dwork, Cynthia and Mulligan, Deirdre K., “It’s Not Privacy, and It’s Not Fair,” Stanford Law Review Online 66 (September 3, 2013): 35–40Google Scholar
Lerman, Jonas, “Big Data and Its Exclusions,” Stanford Law Review Online 66 (September 3, 2013): 55–63Google Scholar
Crawford, Kate and Schultz, Jason, “Big Data and Due Process: Toward a Framework to Redress Predictive Privacy Harms,” Boston College Law Review 55, no. 1 (2014)Google Scholar
Nissenbaum, Helen, Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford, CA: Stanford University Press, 2010)Google Scholar
Barocas, Solon, “How Data Mining Discriminates,” in Data Mining: Episteme, Ethos, and Ethics, PhD dissertation, New York University (Ann Arbor, MI: ProQuest Dissertations and Theses, 2014)Google Scholar
Secretary’s Advisory Committee on Automated Personal Data Systems, Records, Computers and the Rights of Citizens (U.S. Department of Health, Education, and Welfare, July 1973)Google Scholar
Technology R&D, Data to Knowledge to Action, Washington, DC, November 12, 2013Google Scholar
Steel, Emily and Angwin, Julia, “On the Web’s Cutting Edge, Anonymity in Name Only,” The Wall Street Journal, August 4, 2010
Barbaro, Michael and Zeller, Tom, “A Face Is Exposed for AOL Searcher No. 4417749,” The New York Times, August 9, 2006
Toubiana, Vincent and Nissenbaum, Helen, “An Analysis of Google Logs Retention Policies,” Journal of Privacy and Confidentiality 3, no. 1 (2011): 2CrossRefGoogle Scholar
Dwork, Cynthia, “A Firm Foundation for Private Data Analysis,” Communications of the ACM 54, no. 1 (January 1, 2011)CrossRefGoogle Scholar
Yakowitz, Jane, “Tragedy of the Data Commons,” Harvard Journal of Law & Technology 25, no. 1 (Autumn 2012): 1–67Google Scholar
Wu, Felix T, “Defining Privacy and Utility in Data Sets,” University of Colorado Law Review 84, no. 4 (2013): 1117–1177Google Scholar
Bambauer, Jane, Muralidhar, Krishnamurty, and Sarathy, Rathindra, “Fool’s Gold: An Illustrated Critique of Differential Privacy,” Vanderbilt Journal of Entertainment & Technology Law 16 (2014)Google Scholar
Soghoian, Christopher, “The Problem of Anonymous Vanity Searches,” I/S: A Journal of Law and Policy for the Information Society 3, no. 2 (2007)Google Scholar
de Montjoye, Yves-Alexandre et al., “Unique in the Crowd: The Privacy Bounds of Human Mobility,” Scientific Reports 3 (2013): 1376CrossRefGoogle ScholarPubMed
El Emam, Khaled et al., “A Systematic Review of Re-Identification Attacks on Health Data,” ed. Scherer, Roberta W, PLoS ONE 6, no. 12 (December 2, 2011)CrossRefGoogle ScholarPubMed
Nissenbaum, Helen, “The Meaning of Anonymity in an Information Age,” The Information Society 15, no. 2 (May 1999): 142CrossRefGoogle Scholar
Barr, Alistair, “Google May Ditch ‘Cookies’ as Online Ad Tracker,” USA Today, September 17, 2013
Soltani, Ashkan, “Questions on the Google AdID,” Ashkan Soltani, September 19, 2013
Singer, Natasha, “Acxiom, the Quiet Giant of Consumer Database Marketing,” The New York Times, June 16, 2012
Marx, Gary T., “What’s in a Name? Some Reflections on the Sociology of Anonymity,” The Information Society 15, no. 2 (May 1999): 99–112CrossRefGoogle Scholar
Narayanan, Arvind and Shmatikov, Vitaly, “Myths and Fallacies of ‘Personally Identifiable Information’,” Communications of the ACM 53, no. 6 (June 1, 2010): 24–26CrossRefGoogle Scholar
Statement of the Working Party on Current Discussions Regarding the Data Protection Reform Package (European Commission, February 27, 2013)
Zuiderveen Borgesius, Frederik, “Behavioral Targeting: A European Legal Perspective,” IEEE Security and Privacy Magazine 11, no. 1 (January 2013): 82–85CrossRefGoogle Scholar
Valentino-Devries, Jennifer and Singer-Vine, Jeremy, “They Know What You’re Shopping for,” The Wall Street Journal, December 7, 2012
Waxer, Cindy, “Big Data Blues: The Dangers of Data Mining,” Computerworld, November 4, 2013
Gutwirth, Serge and Hert, Paul, “Regulating Profiling in a Democratic Constitutional State,” in Profiling the European Citizen: Cross-Disciplinary Perspectives, ed. Hildebrandt, Mireille and Gutwirth, Serge (Dordrecht, Netherlands: Springer, 2008), 289Google Scholar
Hardy, Quentin, “Rethinking Privacy in an Era of Big Data,” The New York Times, June 4, 2012
Montgomery, Frances H. et al., “Monitoring Student Internet Patterns: Big Brother or Promoting Mental Health?Journal of Technology in Human Services 31, no. 1 (January 2013): 61–70CrossRefGoogle Scholar
Katikalapudi, Raghavendra et al., “Associating Internet Usage with Depressive Behavior among College Students,” IEEE Technology and Society Magazine 31, no. 4 (Winter 2012): 73–80CrossRefGoogle Scholar
Bakos, Yannis, Marotta-Wurgler, Florencia, and Trossen, David R., “Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts,” SSRN Electronic Journal (2009)CrossRefGoogle Scholar
McDonald, Aleecia M. and Faith Cranor, Lorrie, “The Cost of Reading Privacy Policies,” I/S: a Journal of Law and Policy for the Information Society 4, no. 3 (2008): 540–565Google Scholar
Nissenbaum, Helen, “A Contextual Approach to Privacy Online,” Daedalus, 140, no. 4 (Fall 2011): 32–48CrossRefGoogle Scholar
Cate, Fred H. and Mayer-Schönberger, Viktor, “Notice and Consent in a World of Big Data,” International Data Privacy Law 3, no. 2 (May 20, 2013): 67–73CrossRefGoogle Scholar
Hildebrandt, Mireille, “Who Is Profiling Who? Invisible Visibility,” in Reinventing Data Protection? ed. Gutwirth, Serge et al. (Dordrecht, Netherlands: Springer, 2009), 239–252CrossRefGoogle Scholar
Kuner, Christopher et al., “The Challenge of ‘Big Data’ for Data Protection,” International Data Privacy Law 2, no. 2 (April 23, 2012): 47–49CrossRefGoogle Scholar
Big Data and Analytics: Seeking Foundations for Effective Privacy Guidance (Washington, DC: The Centre for Information Policy Leadership, February 28, 2013)
Tene, Omer and Polonetsky, Jules, “Big Data for All: Privacy and User Control in the Age of Analytics,” Northwestern Journal of Technology and Intellectual Property 11, no. 5 (April 2013): 239–272Google Scholar
Rubinstein, Ira, “Big Data: The End of Privacy or a New Beginning?International Data Privacy Law 3, no. 2 (May 20, 2013): 74–87CrossRefGoogle Scholar
Giovanni Leon, Pedro et al., “What Do Online Behavioral Advertising Privacy Disclosures Communicate to Users?” (presented at the WPES ’12 Proceedings of the 2012 ACM workshop on Privacy in the electronic society, New York, NY: ACM Press, 2012)
Tene, Omer and Polonetsky, Jules, “To Track or ‘Do Not Track’: Advancing Transparency and Individual Control in Online Behavioral Advertising,” Minnesota Journal of Law, Science & Technology 13, no. 1 (Winter 2012): 281–357Google Scholar
Zuiderveen Borgesius, Frederik J., “Consent to Behavioural Targeting in European Law – What Are the Policy Implications of Insights from Behavioural Economics?SSRN Electronic Journal (2013)CrossRefGoogle Scholar
Turow, Joseph, “Self-Regulation and the Construction of Media Harms: Notes on the Battle over Digital ‘Privacy’,” in Routledge Handbook of Media Law, ed. Price, Monroe E, Verhulst, Stefaan, and Morgan, Libby (New York, NY: Routledge, 2013)Google Scholar
Carnegie Mellon News (Pittsburgh, PA: Carnegie Mellon University, August 20, 2013)
Protecting Consumer Privacy in an Era of Rapid Change (Washington, DC: Federal Trade Commission, March 2012)
Nissenbaum, Helen, “A Contextual Approach to Privacy Online,” Daedalus 140, no. 4 (October 2011): 32–48CrossRefGoogle Scholar
Hildebrandt, Mireille, “Profiling and the Rule of Law,” Identity in the Information Society 1, no. 1 (December 19, 2008): 55–70CrossRefGoogle Scholar
O’Leary, Daniel E., “Some Privacy Issues in Knowledge Discovery: The OECD Personal Privacy Guidelines,” IEEE Expert: Intelligent Systems and Their Applications 10, no. 2 (1995): 48–59CrossRefGoogle Scholar
Tavani, Herman T., “KDD, Data Mining, and the Challenge for Normative Privacy,” Ethics and Information Technology 1, no. 4 (1999): 265–273CrossRefGoogle Scholar
Hildebrandt, Mireille, “Who Is Profiling Who?”; Mireille Hildebrandt, “Profiling and AmI,” in The Future of Identity in the Information Society, ed. Rannenberg, Kai, Royer, Denis, and Deuker, André (Berlin: Springer, 2009), 273–310CrossRefGoogle Scholar
Gutwirth, Serge and Hildebrandt, Mireille, “Some Caveats on Profiling,” in Data Protection in a Profiled World, ed. Gutwirth, Serge, Poullet, Yves, and De Hert, Paul (Dordrecht, Netherlands: Springer, 2010), 31–41CrossRefGoogle Scholar
Tverdek, Edward, “Data Mining and the Privatization of Accountability,” Public Affairs Quarterly 20, no. 1 (2006): 67–94Google Scholar
Peppet, Scott R., “Unraveling Privacy: The Personal Prospectus and the Threat of a Full Disclosure Future,” Northwestern University Law Review 105, no. 3 (2011): 1153–1203Google Scholar
Jernigan, Carter and Mistree, Behram F. T., “Gaydar: Facebook Friendships Expose Sexual Orientation,” First Monday 14, no. 10 (September 25, 2009)CrossRefGoogle Scholar
Horvát, Emöke-Ágnes et al., “One Plus One Makes Three (for Social Networks),” ed. Gómez, Sergio, PLoS ONE 7, no. 4 (April 6, 2012)CrossRefGoogle Scholar
Duhigg, Charles, “How Companies Learn Your Secrets,” The New York Times Magazine, February 16, 2012
Nolan, Rachel, “Behind the Cover Story: How Much Does Target Know?” The New York Times, February 21, 2012
Vedder, Anton, “KDD: the Challenge to Individualism,” Ethics and Information Technology 1, no. 4 (1999): 275–281CrossRefGoogle Scholar
Aperjis, Christina and Huberman, Bernardo A., “A Market for Unbiased Private Data: Paying Individuals According to Their Privacy Attitudes,” First Monday 17, no. 5 (May 4, 2012)CrossRefGoogle Scholar
Zarsky, Tal Z., “Desperately Seeking Solutions Using Implementation-Based Solutions for the Troubles of Information Privacy in the Age of Data Mining and the Internet Society,” Maine Law Review 56, no. 1 (2004): 14–59Google Scholar
Gandy, Oscar H., Coming to Terms with Chance: Engaging Rational Discrimination and Cumulative Disadvantage (Burlington, VT: Ashgate, 2009)Google Scholar
Zarsky, Tal Z., “‘Mine Your Own Business!’: Making the Case for the Implications of the Data Mining of Personal Information in the Forum of Public Opinion,” Yale Journal of Law & Technology 5 (2004): 1–57Google Scholar
Manson, Neil C. and O’Neill, Onora, Rethinking Informed Consent in Bioethics (New York: Cambridge University Press, 2012), 73Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×