Today, The Wall Street Journal ran a series of special reports on emerging technological issues. One article of particular import addressed whether people should worry about the loss of their privacy online. The panelists for this article included a lawyer from D.C.; a “senior researcher” from Microsoft; a professor of Journalism; and a technology professional who is a fellow at a major think-tank. Their response to the question – “How much should people care about privacy?” – was insightful, yet as expected, inconclusive. In general, the panelists proffered that Internet users’ need to better inform themselves on how free-market business expression correlates to the way they behavior is monitored online. Until such an understanding is achieved, an individual’s loss, or perceived loss, of privacy online will continue to diminish.
“Our new sharing industry is premised on an innate human desire to connect”; “People want to share”; “Privacy is the most adaptable of rights”; and free content comes with a price “[the consumer’s] own private data”; are but a few excerpts from the panel discussion. As I read through the article, I was once again convinced that what we are really talking about is the expectation of confidentiality, and not the expectation of privacy, online. If this is the case, then people and organization’s need to do a paradigm shift on how they perceive and define the term privacy.
[W]hat we are really talking about is the expectation of confidentiality, and not the expectation of privacy, online.”
Whether via public or private forums, the bargained-for exchange, in accessing a social-networking site, is premised on the service provider holding our most private information in confidence, which creates a totally separate and distinct fiduciary obligation. The very act of disclosure to a third-party (i.e. social media site) demonstrates that the individual has pulled back the curtain on what it deems private, and yet the expectation is that the personal information will not be released in an unauthorized manner.