Privacy and data protection
‘I have nothing to hide!’ is an often-heard statement when it comes to privacy. This also seems apparent from the large amounts of personal information posted by both young and old people in pictures and words on social media, for example.
Take a look at how easily people reveal all kinds of sensitive information:
(In Dutch only)
On the other hand, people say they value their privacy very much. The discussion surrounding the coronavirus app, which notifies people if they have been in close contact with an infected person, shows that privacy as an issue remains very relevant within society. This is referred to as the ‘privacy paradox’: an interesting phenomenon with which to start this chapter about the GDPR.
Privacy paradox
The privacy paradox is a phenomenon where people say they value privacy, while in actuality they exchange their personal data for ‘free’ products and services without much thought or take absolutely no measures to protect their privacy.
Privacy is dead (Daniel J. Solove)
However, Daniel J. Solove, Professor of Law at the George Washington University Law School, calls the privacy paradox a myth created by faulty logic. Solove says that people make decisions about personal privacy risks in very specific contexts. Yet their perception of privacy risks or the value they attach to privacy are, he argues, often much more general in nature. As a result, these two levels – risk in a specific context and in general – are intertwined within the privacy paradox, according to Solove.
The right to make your own decisions about your personal data, the right to decide what personal data we share with whom, for what purpose, and for how long: this is referred to as ‘informational privacy’. And if for one person that means posting videos with sensitive personal data on social media every day, that is fine. This does not make this person more or less entitled to privacy; the very fact that this person can make choices about what they share with others is a form of privacy. So, each person determines the level of privacy they desire. Privacy issues arise when people are unaware that their personal data are being collected or shared without their consent.
