Document Type
Article
Publication Date
2022
ISSN
0010-8847
Publisher
Cornell Law School
Language
en-US
Abstract
Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Platforms like Amazon, Facebook, and Google wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by saying they must protect sensitive customer data. In these and other ways, the private sector is exploiting privacy to avoid competition and accountability. This Article highlights the breadth of privacy pretexts and uncovers their moral structure. Like most pretexts, there is an element of truth to the claims. But left unchallenged, they will pave a path contrary to privacy’s ethos by blocking individuals’ data allies—the digital helpers, competitors, and regulators who need access to personal data to advance people’s interests. Addressing this move requires recognizing and overcoming deep tensions in the field of privacy. Although data privacy’s roots are in guarding against access, its future depends on promoting allied access.
Recommended Citation
Rory Van Loo,
Privacy Pretexts
,
in
108
Cornell Law Review
1
(2022).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2898
Comments
Updated edition of paper uploaded on 9/29/22