PRE-MODERN INSIGHTS FOR POST-MODERN PRIVACY: JEWISH LAW LESSONS FOR THE BIG DATA AGE
نویسندگان
چکیده
Abstract This article makes the counterintuitive argument that millennia-old approach of Jewish law to regulating surveillance, protecting communications, and governing collection use information offers important frameworks for privacy in an age big data pervasive surveillance. The modern has not succeeded. Notions individual “rights be let alone” “informational self-determination” offer little defense against rampant aggregation. substantive promise a “fundamental human right” largely been reduced illusory procedural safeguards “notice” “consent”—manipulable protections by which individuals “agree” terms with understanding bargain power opt out. Judaism, on other hand, views as societal obligation employs categorical behavioral architectural mandates bind all society's members. It limits waiver these rules rejects both technological capacity related notion “expectations” determinants privacy's content. assumes absence anonymity does depend confidentiality or behavior, whether knowledge is later used shared, subject can show concrete personal harm. When certain types sensitive are publicly known cannot help but visible, still provides their use. language guide policy debates. suggests move from control over mechanism shaping meaning enforcement, regime obligations—personal organizational—to protect privacy. recognizes interconnected nature interests comprehends totality harm surveillance wreaks social relations. conceptual basis extending traditional online spaces new uses. And it dignity unequal bargaining power, aggregation create confining narratives judgments, demands equal protection humans.
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ژورنال
عنوان ژورنال: The journal of law and religion
سال: 2021
ISSN: ['2163-3088', '0748-0814']
DOI: https://doi.org/10.1017/jlr.2021.90