ABSTRACT
… This essay provides an intervention of a purely descriptive sort. First, I lay out several candidates for ethical guidelines that might legitimately undergird privacy law and policy. Only one of the ethical models (the natural right to sanctuary) can track the full scope and implications of fundamental rights-based privacy laws like the GDPR.
Second, the project contributes to the field of descriptive ethics by using a vignette experiment to discover which of the various ethical models people actually do seem to hold and abide by. The vignette study uses a factorial design to help isolate the roles of various factors that may contribute to the respondents’ gauge of what an ethical firm should or should not do in the context of personal data use as well as two other non-privacy-related contexts. The results can shed light on whether privacy-related ethics are different and distinct from business ethics more generally. They also illuminate which version(s) of ‘good’ and ‘bad’ share broad support and deserve to be reflected in privacy law or business practice …
Yakowitz Bambauer, Jane R, Privacy Tradeoffs: Who Should Make Them, and How? (August 13, 2021).
First posted 2021-08-16 14:00:25
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