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Ethical and Privacy Impact Assessments in the Big Data Era: An Oxymoron
FNRS research associate Research Centre on Information, Law & Society (CRIDS) University of Namur
Antoinette ROUVROY
Outline
I. Epistemic and semiotic challenges.
1. 2. 3. Data intelligence as uncertainty management strategy: competitor rather than target for EIA and PIA? Does data intelligence as new truth regime (conditioning visibility, speakability, intelligibility) still allow time and space for evaluation and critique ? The objectivity of data intelligence deflects concerns or attentions away from the previously privileged perspectives of causality and intentional agency or individual and collective authority. What kind of tests / critiques could EIP and PIA impose on data intelligent systems to deal with issues it doesnt pretend to involve (no causality, no subjects)? Quantification of threats to privacy and data protection: quantification of what? Is privacy the issue? Proceduralization?
II.
1. 2. 3.
Practical challenges
III.
1. 2. 3.
Production of subjectivities
Alerts Pre-emption What is lost
IV.
V.
I.
1. Problematization. Data intelligence materializes in a series of systems aimed at automating the processing going from raw data to knowledge as to relieve human actors from the burden and responsibility to transcribe, interpret, anticipate eachothers, and the worlds events. Data-mining and profiling: contributions to a new uncertainty management strategy, dealing especially with uncertain uncertainties that is, with parts of what EIA and PIA are concerned with.
1. Immanence. Data intelligence metamorphoses singular qualities into measurable quantities up to a point where belief in these numerical images replaces contact with the reality that these images are meant to represent (profiles replace discursive accounts and re-presentations). Immanence dissolves the space of
critique: knowledge is not produced about the world anymore, but from within the digital world. A kind of knowledge that is not tested-by nor testing the world it describes and emanates from. Criteria of validity or legitimacy of predictive models are replaced by criteria of operationality in real time, plasticity, contribution to the fluidification of economic and social life.
3.
Objectivity. This new epistemic universe praises the objectivity of data intelligence yet turns away from the ambitions of modern rationality anchored in empirical experiment and deductive logic. Algorithmic profiling promises enhanced personalization and better consideration for individual needs, merits, preferences and abilities yet without addressing individuals as subjects, through their reflexive capabilities nor through their inscription within collective structures but merely through their profiles (compositions, at supra-individual level, of infra-individual fragments). It does not mean that these capabilities have disappeared, but merely that their rate has dropped.
1.
b.
2.
1.
Proceduralization ?
a. b. c. EIA and PIA assessments vs. decisions and projects ? If NTICs are the solutions, what are the problems? Who decides what is a problem ? Assessing the risks of something is not the same as deciding the orientations, the goals, the finalities of something. Are EIA and PIA depoliticizing the issues ? Are procedural assessments immunizing from further responsibility and accountability? An occasion to assess individual and collective preferences, but how to account for the fact that preferences are socially, technologically, economically, constructed ? Preferences are not spontaneous facts of nature. Contributions of NTICs to the production of their own desirability.
Critique : The virtue consisting in challenging the very categories through which one is predisposed to perceive and evaluate people and situations of the world, rather than merely judging them according to these very categories. Critique is a practice that suspends judgment and an opportunity to practice new values, precisely on the basis of that suspension. In this perspective, critique targets the construction of a field of occlusive categories themselves rather than on the subsumption of a particular case under a pre-constituted category. (Foucault, Butler) Judgement subsumes events of the world under pre-established categories.
V. Conclusion
The urgent need now is to come back on the political and legal grounds in order to re-establish the hierarchy of ends and means, and to guarantee that NTICs remain responsive to human needs and human projects, rather than the opposite. Thank you. antoinette.rouvroy@unamur.be