{"id":311,"date":"2023-04-25T17:53:08","date_gmt":"2023-04-25T17:53:08","guid":{"rendered":"https:\/\/sites.wp.odu.edu\/sgantner9\/?page_id=311"},"modified":"2023-04-25T17:58:39","modified_gmt":"2023-04-25T17:58:39","slug":"case-analysis-on-user-data","status":"publish","type":"page","link":"https:\/\/sites.wp.odu.edu\/sgantner9\/law-ethics\/phil-355e\/case-analysis-on-user-data\/","title":{"rendered":"Case Analysis On User Data"},"content":{"rendered":"\n<p>Within the last ten to twenty years technology has come a long way. We\u2019ve gone from dial up internet<br>to being able to use AI to essentially do anything we need. With the ever-growing field of technology<br>comes the need for greater protection of our data. Everything is digitalized these days and that only<br>makes it easier for criminals to access that data and use it to profit and destroy. With these new laws<br>that Europe has implemented it is based on a commitment to trust and is built around making sure<br>anyone with proper access to data does so with the upmost protection. They have created laws that will<br>bring upon criminal charges to anyone who does not take this obligation seriously. The people who<br>decide to break these laws, whether intentionally or not will face legal liability in the face of a breach of<br>information. In this case analysis I will argue that contractarianism shows us that the United States<br>should follow Europe\u2019s lead because being completely digital can come at a very high price to innocent<br>people if there are not stronger consequences for ignorance and crimes.<br>In Elizabeth Buchanan\u2019s article regarding the ethical considerations of big data it is discussed how big<br>data research is conducted, particularly regarding the case of Twitter and ISIS. Several concepts are<br>brought into consideration with this article. Firstly, the use of big data analytics presents ethical<br>challenges that must be addressed. These challenges include issues related to privacy, consent and data<br>security. The article emphasizes the importance of developing a comprehensive framework for ethical<br>big data research. Secondly, informed consent is a critical ethical consideration in this type of big data<br>research. Participants should be adequately informed about the data collection process, the purpose of<br>the research, and how their data will be used. In this case, Buchanan argues that informed consent was<br>not possible, as the data was publicly available and the individuals involved did not consent to the<br>research. This article highlights the need for a comprehensive ethical framework for big data research,<br>which considers the unique challenges posed by this type of research. The central concepts of informed<br>consent, data security and more should guide the development and implementation of such a<br>framework.<br>Using the ideals of Buchanan\u2019s article, I believe the concepts highlight the need for a comprehensive<br>approach to privacy and data laws that prioritize individual\u2019s privacy rights, informed consent, data<br>security and accountability. Europe\u2019s privacy laws are based on the fundamental principle that<br>individuals have a right to privacy. The U.S. could benefit from adopting similar laws that protect<br>individual\u2019s privacy rights and ensure that their personal data is not misused. The laws also emphasize<br>the importance of informed consent as referenced previously. Individuals should be informed about<br>how their data will be used and they need to be able to give their explicit consent for that use. By<br>adopting these laws, the U.S. can ensure that individuals have greater control over their personal data<br>and can make informed decisions about how it is used. Europe\u2019s laws also require that organizations be<br>held accountable for the data they collect and use, by adopting these ideals we can ensure that<br>organizations are transparent about their data practices and that they are held accountable for any<br>misuse. By adapting Europe\u2019s privacy and data laws the U.S. can ensure that the individual\u2019s personal<br>data is protected and that organizations are held accountable for their data practices.<br>As we know Contractarianism is a moral theory that emphasizes the importance of mutual agreement<br>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<br>the right to control their personal data and that organizations should respect this right in order to<br>maintain mutual trust and cooperation. Contractarianism emphasizes the importance of respecting<br>individual\u2019s rights. By adopting Europe\u2019s privacy laws, the U.S. can ensure that individuals have the right<br>to control their own information and that organizations are protecting them as they are supposed to.<br>This also highlights the importance of mutual benefit, by adopting these laws both your average person<br>and huge corporations could benefit. This is a result of an increased trust in the organizations legal right<br>to protect data and be accountable for its protection. By adopting these laws, we could establish a social<br>contract that increases privacy and trust between individuals and organizations.<br>In Michael Zimmer\u2019s article regarding the ethics of research using Facebook, the ethical considerations<br>that arise when conducting research using public data on Facebook is discussed. The article highlights<br>several central concepts including public data, informed consent, privacy and research ethics. To begin,<br>the concept of public data is central to Zimmer\u2019s argument. Public data refers to the information that is<br>accessible to anyone on Facebook, including the information that individuals have chosen to make<br>public themselves. He argues that just because data is public, it does not mean that it is ethical to use it<br>for research purposes without considering the ethical implications of doing so. Zimmer also argues that<br>researchers should consider informed consent and, therefore should be transparent about how they will<br>use that public data and obtain consent from users whenever possible. The concept of privacy is also<br>important, even when using public data. He argues that researchers should take steps to protect<br>individual\u2019s privacy, such as anonymizing data and avoiding the use of sensitive information. Zimmer<br>also argues a huge point that research ethics is a broader concept that encompasses all of the ethical<br>considerations that arise when conducting research. Researchers should be mindful of the potential<br>harms that can result from using public data without informed consent, such as exposing individuals to<br>unwanted attention or discrimination. To the argument on whether the U.S. should adopt Europe\u2019s<br>privacy laws I believe Zimmer points directly to the absolute need to do so. Like in the points above the<br>ethical considerations for public data are huge and more will arise as technology grows. If we were to<br>adopt Europe\u2019s privacy and data laws here in the U.S. we could ensure that researchers using that public<br>data are required by law to obtain explicit and informed consent from individuals whose data would be<br>used. This would help protect individuals and their need for privacy as well as researchers from inflicting<br>harm on those same individuals. Adopting Europe\u2019s privacy laws could help to address the concerns<br>around algorithmic bias, another key ethical consideration highlighted in Zimmer\u2019s article. The GPDR<br>includes provisions that require companies to ensure that automated decision-making processes, such<br>as those used in Facebook\u2019s algorithms, do not result in discriminatory outcomes. As we know<br>contractarianism implies that individuals in society agree to certain rules and obligations in order to<br>promote the common good and protect individual rights. In the context of Facebook research,<br>individuals may reasonable expect that their public data will not be used for research purposes without<br>their explicit consent. Using public data for research without consent would therefore violate the social<br>contract between individuals and researchers. Adopting Europe\u2019s privacy laws would uphold the social<br>contract in terms of contractarianism and promote ethical research practices. It would help ensure that<br>privacy rights are respected and that research does not perpetuate biases and discrimination as<br>referenced previously. Overall, Zimmer\u2019s article emphasizes the need for a nuanced and ethical<br>approach to using public data on Facebook for research purposes. If the U.S. were to adopt Europe\u2019s<br>privacy laws, this could be a fix all for most if not all of the ethical considerations on public data<br>research.<br>In conclusion I believe that the arguments presented in this paper are enough to support the idea of the<br>U.S. adopting Europe\u2019s privacy laws. Both Zimmer and Buchanan agree on this topic of needing higher<br>ethical standards when it comes to data research. Not adopting these laws may benefit organizations in<br>the short term, but for individuals we are losing trust in those organizations every time a breach occurs<br>and nothing significant is done to resolve the matter. We are constantly being put in danger by our<br>current lack of privacy laws and nothing is done to protect us. Contractarianism is very clear that the<br>social contract of all people and organizations should be the same. We all should be looking out for<br>ourselves and have an understanding and cooperation for others. All of these articles and<br>contractarianism suggest that we adopt these laws here in the United States to better protect the good<br>and rights of every individual and hold a higher legal responsibility to the organizations to provide that<br>protection.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Within the last ten to twenty years technology has come a long way. We\u2019ve gone from dial up internetto being able to use AI to essentially do anything we need. With the ever-growing field of technologycomes the need for greater protection of our data. Everything is digitalized these days and that onlymakes it easier for&#8230; <\/p>\n<div class=\"link-more\"><a href=\"https:\/\/sites.wp.odu.edu\/sgantner9\/law-ethics\/phil-355e\/case-analysis-on-user-data\/\">Read More<\/a><\/div>\n","protected":false},"author":26163,"featured_media":0,"parent":207,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/pages\/311"}],"collection":[{"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/users\/26163"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/comments?post=311"}],"version-history":[{"count":2,"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/pages\/311\/revisions"}],"predecessor-version":[{"id":315,"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/pages\/311\/revisions\/315"}],"up":[{"embeddable":true,"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/pages\/207"}],"wp:attachment":[{"href":"https:\/\/sites.wp.odu.edu\/sgantner9\/wp-json\/wp\/v2\/media?parent=311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}