Keywords
Data privacy, Federal Trade Commission, Artificial Intelligence
Abstract
We approach a privacy singularity in pervasive data collection and inference that may reveal all about our lives. While privacy might not yet be dead, we struggle to maintain its shield for personal autonomy. Part of this contemporary challenge comes from the massive data sets generated every day everywhere. And then the powerful analytics that reveal all. This is further challenged by efforts at data transparency that may reveal too much of one’s life. Preservation of privacy, if we deem it important enough to preserve, must have a robust set of technical and legislative implementations on collection, storage, transmission and use of all such collections of data, public and private. This includes regulation of governmental and private transparency to best assure the protections of the privacy of people. But such protections may conflict with laws protecting freedom of expression or supporting law enforcement, making for greater justification for regulation that demonstrates a compelling need to protect the lives and personal autonomy of others. Yet the importance of protecting that core of people’s lives means we must find a legal/technical curtain to protect those lives from the utter destruction of their privacy and right to personal autonomy.
Recommended Citation
Michael Martin Losavio, The Need for Curtains of the Soul: Privacy Versus Transparency in the Instrumented World of Algorithmic Artificial Intelligence, 17 FIU L. Rev. 309 (2023), https://doi.org/10.25148/lawrev.17.2.7.
Included in
Privacy Law Commons, Science and Technology Law Commons, Supreme Court of the United States Commons
