A Case Against the Peeping Tom Theory of Privacy
WiredIn an Apple commercial that was on heavy rotation last fall, people go around telling strangers intimate information about themselves. A beautiful woman informs a passerby, “My home is in 1,000 feet.” A man in a bathroom stall announces, “I’m currently reading an article titled ‘10 Ways to Keep Sweaty Hands From Holding You Back.’” Finally, you find out what it’s selling: Apple’s privacy protections. “It is our purpose to consider whether the existing law affords a principle which can properly be invoked to protect the privacy of the individual,” declared Louis D. Brandeis and Samuel D. Warren in their classic 1890 essay “The Right to Privacy.” Privacy, they argued, was part of “the more general right of the individual to be let alone.” That idea still animates how privacy is thought of in the 21st century. “We are prisoners of other people’s consent,” write Martin Tisné, the managing director of Luminate, and Marietje Schaake, the international policy director of the Cyber Policy Center. “Even if I refuse to use Facebook or Twitter or Amazon—the fact that everyone around me has joined means there are just as many data points about me to target.” As compelling as that Apple ad is, the Peeping Tom narrative doesn’t capture the collective dimension of data privacy.