Within the last ten to twenty years technology has come a long way. We’ve gone from dial up internet
to being able to use AI to essentially do anything we need. With the ever-growing field of technology
comes the need for greater protection of our data. Everything is digitalized these days and that only
makes it easier for criminals to access that data and use it to profit and destroy. With these new laws
that Europe has implemented it is based on a commitment to trust and is built around making sure
anyone with proper access to data does so with the upmost protection. They have created laws that will
bring upon criminal charges to anyone who does not take this obligation seriously. The people who
decide to break these laws, whether intentionally or not will face legal liability in the face of a breach of
information. In this case analysis I will argue that contractarianism shows us that the United States
should follow Europe’s lead because being completely digital can come at a very high price to innocent
people if there are not stronger consequences for ignorance and crimes.
In Elizabeth Buchanan’s article regarding the ethical considerations of big data it is discussed how big
data research is conducted, particularly regarding the case of Twitter and ISIS. Several concepts are
brought into consideration with this article. Firstly, the use of big data analytics presents ethical
challenges that must be addressed. These challenges include issues related to privacy, consent and data
security. The article emphasizes the importance of developing a comprehensive framework for ethical
big data research. Secondly, informed consent is a critical ethical consideration in this type of big data
research. Participants should be adequately informed about the data collection process, the purpose of
the research, and how their data will be used. In this case, Buchanan argues that informed consent was
not possible, as the data was publicly available and the individuals involved did not consent to the
research. This article highlights the need for a comprehensive ethical framework for big data research,
which considers the unique challenges posed by this type of research. The central concepts of informed
consent, data security and more should guide the development and implementation of such a
framework.
Using the ideals of Buchanan’s article, I believe the concepts highlight the need for a comprehensive
approach to privacy and data laws that prioritize individual’s privacy rights, informed consent, data
security and accountability. Europe’s privacy laws are based on the fundamental principle that
individuals have a right to privacy. The U.S. could benefit from adopting similar laws that protect
individual’s privacy rights and ensure that their personal data is not misused. The laws also emphasize
the importance of informed consent as referenced previously. Individuals should be informed about
how their data will be used and they need to be able to give their explicit consent for that use. By
adopting these laws, the U.S. can ensure that individuals have greater control over their personal data
and can make informed decisions about how it is used. Europe’s laws also require that organizations be
held accountable for the data they collect and use, by adopting these ideals we can ensure that
organizations are transparent about their data practices and that they are held accountable for any
misuse. By adapting Europe’s privacy and data laws the U.S. can ensure that the individual’s personal
data is protected and that organizations are held accountable for their data practices.
As we know Contractarianism is a moral theory that emphasizes the importance of mutual agreement
and cooperation between individuals, based on the idea that individuals should act in their own selfinterest. In the context of privacy and data laws, contractarianism suggests that individuals should have
the right to control their personal data and that organizations should respect this right in order to
maintain mutual trust and cooperation. Contractarianism emphasizes the importance of respecting
individual’s rights. By adopting Europe’s privacy laws, the U.S. can ensure that individuals have the right
to control their own information and that organizations are protecting them as they are supposed to.
This also highlights the importance of mutual benefit, by adopting these laws both your average person
and huge corporations could benefit. This is a result of an increased trust in the organizations legal right
to protect data and be accountable for its protection. By adopting these laws, we could establish a social
contract that increases privacy and trust between individuals and organizations.
In Michael Zimmer’s article regarding the ethics of research using Facebook, the ethical considerations
that arise when conducting research using public data on Facebook is discussed. The article highlights
several central concepts including public data, informed consent, privacy and research ethics. To begin,
the concept of public data is central to Zimmer’s argument. Public data refers to the information that is
accessible to anyone on Facebook, including the information that individuals have chosen to make
public themselves. He argues that just because data is public, it does not mean that it is ethical to use it
for research purposes without considering the ethical implications of doing so. Zimmer also argues that
researchers should consider informed consent and, therefore should be transparent about how they will
use that public data and obtain consent from users whenever possible. The concept of privacy is also
important, even when using public data. He argues that researchers should take steps to protect
individual’s privacy, such as anonymizing data and avoiding the use of sensitive information. Zimmer
also argues a huge point that research ethics is a broader concept that encompasses all of the ethical
considerations that arise when conducting research. Researchers should be mindful of the potential
harms that can result from using public data without informed consent, such as exposing individuals to
unwanted attention or discrimination. To the argument on whether the U.S. should adopt Europe’s
privacy laws I believe Zimmer points directly to the absolute need to do so. Like in the points above the
ethical considerations for public data are huge and more will arise as technology grows. If we were to
adopt Europe’s privacy and data laws here in the U.S. we could ensure that researchers using that public
data are required by law to obtain explicit and informed consent from individuals whose data would be
used. This would help protect individuals and their need for privacy as well as researchers from inflicting
harm on those same individuals. Adopting Europe’s privacy laws could help to address the concerns
around algorithmic bias, another key ethical consideration highlighted in Zimmer’s article. The GPDR
includes provisions that require companies to ensure that automated decision-making processes, such
as those used in Facebook’s algorithms, do not result in discriminatory outcomes. As we know
contractarianism implies that individuals in society agree to certain rules and obligations in order to
promote the common good and protect individual rights. In the context of Facebook research,
individuals may reasonable expect that their public data will not be used for research purposes without
their explicit consent. Using public data for research without consent would therefore violate the social
contract between individuals and researchers. Adopting Europe’s privacy laws would uphold the social
contract in terms of contractarianism and promote ethical research practices. It would help ensure that
privacy rights are respected and that research does not perpetuate biases and discrimination as
referenced previously. Overall, Zimmer’s article emphasizes the need for a nuanced and ethical
approach to using public data on Facebook for research purposes. If the U.S. were to adopt Europe’s
privacy laws, this could be a fix all for most if not all of the ethical considerations on public data
research.
In conclusion I believe that the arguments presented in this paper are enough to support the idea of the
U.S. adopting Europe’s privacy laws. Both Zimmer and Buchanan agree on this topic of needing higher
ethical standards when it comes to data research. Not adopting these laws may benefit organizations in
the short term, but for individuals we are losing trust in those organizations every time a breach occurs
and nothing significant is done to resolve the matter. We are constantly being put in danger by our
current lack of privacy laws and nothing is done to protect us. Contractarianism is very clear that the
social contract of all people and organizations should be the same. We all should be looking out for
ourselves and have an understanding and cooperation for others. All of these articles and
contractarianism suggest that we adopt these laws here in the United States to better protect the good
and rights of every individual and hold a higher legal responsibility to the organizations to provide that
protection.