Privacy and Race in the EU

by Solveig Singleton on June 21, 2007 · Comments

An interesting essay on the downstream effects of keeping government from collecting data about race, ethnicity, or religion in France from the National Journal.

The European vision of privacy has always puzzled me. On the one hand, given the power of their welfare state, it makes sense to take some prophylactic measures to prevent a second holocaust. But why grant the powers to begin with, if one believes the risk of their abuse is so high that the government cannot be trusted with information to administer them?


Furthermore the powers granted (such as the restriction of the work week to 36 hours) require the presence of so many human enforcers and inspectors in the field, that it is likely that a good bit of information is being gathered informally–where there are no checks on it. And finally a powerful and malevolent state would not find the data protection rules much of an obstacle to oppression. The data protection rules largely exempt data collected for tax and criminal purposes–a huge loophole. Furthermore they must also exempt data collected by private organizations such as synagogues and trade unions–which of course must keep lists of their members and benefactors, otherwise they would cease to exist. In a crisis, a powerful state would simply reach out and seize this data. The upshot of the data protection is that the government knows exactly where to look for the information it needs.

On the other hand, the collection of data here in the States seems to invite well-meaning attempts at social engineering, which most often fail. But at least we can know that they have failed, and in what respect. A cheering prospect indeed.

Comments Posted in: Privacy, Security & Government Surveillance

  • Rikard
    This might interest you.

    Swedish government may soon get power to spy on its citizens

    On June 17 2008, Sweden's parliament will probably pass a law giving the National Defence Radio Establishment (FRA) the mandate to listen in and store Text messages (SMS), Phone calls (both in wire and mobile), Email, HTTP-traffic etc that passes the Swedish border. Given the nature of TCP/IP, that means most emails (and VoIP).

    Only, it turns out that the FRA has already been doing this (but only the wireless traffic) knowingly in violation with the Swedish constitution.

    Former second in command Anders Wik says (in a recorded conversation with Swedish
    Pirate Party leader Rick falkvinge) regarding the bill in question "[Passing this bill] will make it lawful".

    http://www.thelocal.se/12252/20080605/

    http://english.rickfalkvinge.se/2008/06/04/more...

    MP of the green party, Max Andersson, has officially challenged the minister of Justice, Beatrice Ask, in the Parliament on investigating this constitutional violation.
  • Thomas Riedel
    I understand that you have a degree in philosophy. Then you know that Europeans (at least the ones on the continent) proceed from Kant and Americans from Hobbes. With "proceed" I mean they seem to be caught in a way of thinking so that they rather move in circles than actually move ahead. If you accept this premise, then Europeans are indeed caught in a contradiction which is said - rightly or wrongly - to have been solved by Hegel: the subject is not part of the epistemological system but - according to Hegel - can be linked to it by way of dialectical thinking. If privacy proponents do not recognize this and do not ask for the dialectical relations at work, they will naturally produce nothing but legislation that deserves to be made fun of as in your post. However, I am under the impression that the philosophical basis of American privacy law is perfectly summed up in Hobbes' Leviathan:"The value or worth of a man is, as of all other things, his price; that is to say, so much as would be given for the use of his power, and therefore is not absolute, but a thing dependent on the need and judgement of another." Privacy then deals with exactly the enabling the accumulation and use of social capital which is identical now with money (a resume, a credit report, celebrity status are worth more than money, as this is according to Hobbes impossible, they ARE money. The thing is, however, then money itself is transformed from a mere economic good like any other that can be bought and sold. Into what it is transformed is the question. I have not heard of any neoclassic's idea about this problem.

    Regards,

    Thomas
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