Privacy and Technology: Reconsidering a Crucial Public Policy Debate in the Post‐September 11 Era

• Date: 01 May 2004
• DOI: http://doi.org/10.1111/j.1540-6210.2004.00370.x
• Author: Lisa Nelson
• Published date: 01 May 2004

Special Report 259

Lisa Nelson

University of Pittsburgh

Special Report

Privacy and Technology: Reconsidering a Crucial

Public Policy Debate in the Post-September 11 Era

In the post September 11 era, one truism in the ongoing public policy debate surrounding technol-

ogy and privacy is that there is no easy solution to the increasing presence of technology in our

lives. There are, however, several long-standing guiding principles. We must be wary of extending

political authority to protect privacy without careful contemplation of the consequences. While it

may appear that the idea of balancing technology and privacy is novel, the tension between them

is informed by a broader theoretical framework that is inherent to democracy. Understanding this

broader theoretical framework is helpful in identifying ways to advance the debate toward policy

solutions rather than continuing a dogmatic discussion that juxtaposes technological innovation

with the loss of privacy. The purpose of this discussion is not to settle the public policy debate.

Instead, the aim is to consider how long-standing constitutional doctrine and the theoretical frame-

work of democracy can lend insight into the current debate surrounding privacy and technology.

The events of September 11, 2001, and the ever-increas-

ing prominence of information technology in our lives have

had a significant influence on the nature of public policy

debates on privacy. As society becomes more information

based, the tendency—perhaps necessity—of individuals to

distribute their personal information continues to increase.

Yet, as personal information becomes more important and

is accessible to a greater number of people and institu-

tions, concerns about privacy protection and civil liberties

abound. The escalating information society, together with

the increasing reliance on technology for intelligence gath-

ering and surveillance in the aftermath of September 11,

2001, has resulted in a growing public policy debate re-

garding the balance that should be forged between tech-

nology and privacy.

In these policy debates, however, the terms are often

mired in time-worn dichotomies and stymied by entrenched

political positions. The first step in moving the public policy

debate forward is reconsidering the terms of debate. While

it may appear that the question of balancing technology

and privacy is novel, the tension between them is informed

by a broader theoretical framework that is inherent to de-

mocracy. Understanding this broader theoretical framework

is helpful in identifying ways to advance the debate to-

ward policy solutions rather than continuing a dogmatic

discussion that juxtaposes technological innovation with

the loss of privacy. In other words, there must be a means

of ensuring the ongoing protection of privacy in light of

innovations in information technology and within the con-

text of continued efforts to guard against terrorism. An un-

derstanding of the democratic underpinnings of privacy,

which are affected by the growth of the information age

and the events of September 11, 2001, is essential to a re-

consideration of the terms of the debate. The purpose of

this discussion is not to settle the public policy debate. In-

stead, the aim is to consider how long-standing constitu-

tional doctrine and the theoretical framework of democ-

racy can lend insight into the current debate surrounding

privacy and technology.

Implicitly, the exercise of political authority in the name

of preventing harm informs the current public policy de-

bates regarding the proper balance between technology and

Lisa Nelson is an assistant professor in the University of Pittsburgh’s Gradu-

ate School of Public and International Affairs and a fellow at the Philosophy

of Science Center of the University of Pittsburgh. She also serves as an affili-

ate in the InSITeS Institute at Carnegie Mellon University and the University of

Pittsburgh School of Law. She is a recent recipient of a National Science

Foundation award to study the societal and legal implications of biometric

technology. E-mail: lnelson@birch.gspia.pitt.edu.