I am pleased to announce that Alan Westin’s classic work, Privacy and Freedom, is now back in print. Originally published in 1967, Privacy and Freedomhad an enormous influence in shaping the discourse on privacy in the 1970s and beyond, when the Fair Information Practice Principles (FIPPs) were developed.
The book contains a short introduction by me. I am truly honored to be introducing such a great and important work. When I began researching and writing about privacy in the late 1990s, I kept coming across citations to Westin’s book, and I was surprised that it was no longer in print. I tracked down a used copy, which wasn’t as easy to do as today. What impressed me most about the book was that it explored the meaning and value of privacy in a rich and interdisciplinary way.
A very brief excerpt from my intro:
At the core of the book is one of the most enduring discussions of the definition and value of privacy. Privacy is a very complex concept, and scholars and others have struggled for centuries to define it and articulate its value. Privacy and Freedom contains one of the most sophisticated, interdisciplinary, and insightful discussions of privacy ever written. Westin weaves together philosophy, sociology, psychology, and other disciplines to explain what privacy is and why we should protect it.
I was fortunate to get to know Alan Westin, as I began my teaching career at Seton Hall Law School in Newark, New Jersey, and Alan lived and worked nearby. I had several lunches with him, and we continued our friendship when I left to teach at George Washington University Law School. Alan was kind, generous, and very thoughtful. He was passionate about ideas. I miss him greatly.
So it is a true joy to see his book live on in print once again.
What is privacy? This is a central question to answer, because a conception of privacy underpins every attempt to address it and protect it. Every court that holds that something is or isn’t privacy is basing its decision on a conception of privacy — often unstated. Privacy laws are also based on a conception of privacy, which informs what things the laws protect. Decisions involving privacy by design also involve a conception of privacy. When privacy is “baked into” products and services, there must be some understanding of what is being baked in.
Far too often, conceptions of privacy are too narrow, focusing on keeping secrets or avoiding disclosure of personal data. Privacy is much more than these things. Overly narrow conceptions of privacy lead to courts concluding that there is no privacy violation when something doesn’t fit the narrow conception. Narrow or incomplete conceptions of privacy lead to laws that fail to address key problems. Privacy by design can involve throwing in a few things and calling it “privacy,” but this is like cooking a dish that requires 20 ingredients but only including 5 of them.
It is thus imperative to think through what privacy is. If you have an overly narrow or incomplete conception of privacy, you’re not going to be able to effectively identify privacy risks or protect privacy.
In my work, I have attempted to develop a practical and useable conception of privacy. In what follows, I will briefly describe what I have developed.
If the data is in the hands of traditional cyber criminals, the 18-month window of protection may not be enough to protect workers from harm down the line. “The data is sold off, and it could be a while before it’s used,” said Michael Sussmann, a partner in the privacy and data security practice at law firm Perkins Coie. “There’s often a very big delay before having a loss.”
Dr. Seuss’s Green Eggs and Ham is a timeless classic that is read to millions of children. At first the simple rhymes and cute drawings are alluring. But parents will soon discover the book’s terrifying equation: The tiresome repetition of the book multiplied by the number of times a child will want the book read. The result is mind-numbing and will make parents curse the day they decided to make the book part of their child’s library.
The Sony data breach is an exclamation mark on a year that is already known as the” Year of the Data Breach.” This data breach is the kind that makes even the least squeamish avert their eyes and wince. There are at least three things that this breach can teach us: