This chapter provides an outlook into the future of “reasonable expectations of privacy”. As has been argued in preceding chapters, the concept should not be deprived of its relation to the “real world”, i.e. individuals’ factually existing (cognitive or normative) expectations of privacy. Unfortunately, however, law’s existing institutional infrastructures and procedures rarely provide the necessary means for achieving this objective. Put simply, most privacy/data protection regimes lack the institutional capabilities to gauge public norms around privacy. The chapter suggests that this deficit could be remedied by expanding participatory design practices which involve ordinary citizens in the development of information technologies and thereby allow for the consideration of their thoughts and attitudes regarding privacy and data protection. The chapter further argues that the principle of “data protection by design” (DPbD), a central element of many contemporary data protection laws, could be interpreted as requiring the institution of such participatory design processes. “Data Protection by Design” could thus help surface stakeholders’ privacy expectations and nudge design processes in directions mindful of these inputs.

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Conclusion and Outlook

  • Paul Friedl

摘要

This chapter provides an outlook into the future of “reasonable expectations of privacy”. As has been argued in preceding chapters, the concept should not be deprived of its relation to the “real world”, i.e. individuals’ factually existing (cognitive or normative) expectations of privacy. Unfortunately, however, law’s existing institutional infrastructures and procedures rarely provide the necessary means for achieving this objective. Put simply, most privacy/data protection regimes lack the institutional capabilities to gauge public norms around privacy. The chapter suggests that this deficit could be remedied by expanding participatory design practices which involve ordinary citizens in the development of information technologies and thereby allow for the consideration of their thoughts and attitudes regarding privacy and data protection. The chapter further argues that the principle of “data protection by design” (DPbD), a central element of many contemporary data protection laws, could be interpreted as requiring the institution of such participatory design processes. “Data Protection by Design” could thus help surface stakeholders’ privacy expectations and nudge design processes in directions mindful of these inputs.