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Margit Sutrop University of Tartu, Estonia y Hong Kong, 4-5 January 2010 Change in ethical frameworks Change in ethical frameworks Comparison of biometric and human genetic databases databases Lack of public debate as a problem


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Margit Sutrop University of Tartu, Estonia y Hong Kong, 4-5 January 2010

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 Change in ethical frameworks  Change in ethical frameworks  Comparison of biometric and human genetic

databases databases

 Lack of public debate as a problem

Th l i f t t l ti hi

 The analysis of trust-relationship  How to create and maintain trust?

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 Security versus privacy (biometric  Security versus privacy (biometric

databases) and solidarity versus autonomy (HGDs) Common good is superior to (HGDs). Common good is superior to individual rights.

 Is communitarian ethics a suitable ethical  Is communitarian ethics a suitable ethical

framework? Is it able to protect individuals also in nondemocratic societies where the also in nondemocratic societies where the common good can be defined by one group who is in power? who is in power?

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 Privacy and autonomy  Privacy at stake  Privacy and autonomy

at stake

 Presumed/tacit  Privacy at stake  Limited autonomy,

/ consent

 Public interest

broad/open consent

 Public interest

argument: HGDs as argument: Security as highest value Di f th t argument: HGDs as global public goods

 Discourse of hope  Discourse of threat  Discourse of hope

Biometric HGD

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 Sc

Scientific ientific (mapping genes f d

 Threat to privacy

g g for common diseases, understanding the combined effects of genetic lifestyle and

p y

 Possibility of

discrimination and stigmatization

genetic, lifestyle and environmental risk factors)

 Health related

Health related (better and more efficient health care

stigmatization

 Possible psychological

stress when knowing

  • ne’s genetic risks

system, better diagnosis and treatment of diseases)

 Economic

Economic (creation of new j b d l t f

  • ne s genetic risks

 Creation of orphan

diseases

 Individualized medicine

jobs, development of biotech sector, reverse brain drain)

 Individualized medicine

not affordable to poorer countries

Benefits Risks

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 Security

Security (monitor migration, b d h f d

 Threat to

Threat to privacy privacy ( b g combat identity theft and fraud)

 Economic

Economic (cut costs produce efficiency gains for (increasing tension between the principle of security and that of privacy and democracy) produce efficiency gains for administration)

 Convenience in

Convenience in time time (avoid queues faster answers democracy)

 Po

Potential ntial of so

  • f social e

al exclusion usion (border surveillance has divergent effects for d ff f l ) queues, faster answers, immediate access to information)

 Mo

Mobilit bility (vote anywhere, different groups of people)

 Securitisation

Securitisation (more and more issues framed in terms of security concerns) y ( y , services and movement of capital across borders via e-services) terms of security concerns)

 Changing social

Changing social relationship relationships (climate of suspicion)

Benefits Risks

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 Biobanks-dicourse of hope: that HGDs will enable  Biobanks dicourse of hope: that HGDs will enable

us to understand the combined effects of genetic, lifestyle and environmentalk risk factors in the development of a disease improve medical in the development of a disease, improve medical care and health, economic success.

 Biometric databases – discourse of threat:

lth h bi t i id tifi ti t h l although biometric identification technology can be used for various purposes; national security, health, welfare, banking, insuracne commerce, g

  • surveillance. One stresses the dangers of

terrorism, criminal behavior, fraud, tax evasion, free-riding. One wants to increase control over free riding. One wants to increase control over migration and combat terrorism.

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 Scoping paper from Sept 2009 of the EU 7th  Scoping paper from Sept. 2009 of the EU 7th

FP project “Technolife”. (analysis done by the Univ of Bergen Univ of Tartu)

  • Univ. of Bergen, Univ. of Tartu)

 Three large European dabatabases containing

biometric data used for migration and border biometric data used for migration and border security:

EURODAC (fingerprints of asylum seekers) EURODAC (fingerprints of asylum seekers) VIS (the Visa Information System)

SIS (the Schengen Information Sytstem II)

SIS (the Schengen Information Sytstem II),

containing alerts on objects and persons.

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“On this road there is no turning back We are On this road there is no turning back. We are past seriously considering the argument that by introducing biometric identifiers this early by introducing biometric identifiers this early and without a proper public debate, we will forever alter the fundamental fundamental trust rust model model forever alter the fundamental fundamental trust trust model model between citizen and state, consumer and supplier.” supplier.

(Paul de Hert and Annemarie Sprokkereef, “An assessment of the Proposed Uniform Format for Visas and R id P it DG P li D t t Citi ’ Ri ht d Residence Permits, DG-Policy Department Citizens’ Rights and Constitutional Affairs, 2006)

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 Confucius told his disciple Tsze-kung  Confucius told his disciple Tsze-kung

that three things are needed for government: weapons food and trust If a ruler can’t hold weapons, food and trust. If a ruler can t hold

  • n to all three, he should give up the

weapons first and the food next Trust should weapons first and the food next. Trust should be guarded to the end: „without trust we cannot stand“ cannot stand .

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 Trust has been defined as a feeling, an

emotion, a disposition, an activity or knowledge that another will behave in a knowledge that another will behave in a certain way.

 Trust involves a “tacit demand not to betray

th t ti f th h t t ” (O the expectations of those who trust us” (O. Lagerspetz)

 Trust designates human interaction (we  Trust designates human interaction (we

trust individuals, institutions), the essential element of trust is reciprocity

  • reciprocity. (R. Solomon,

F Flores)

  • F. Flores)

 Trust involves risk

risk-one has to place trust without guarantees.

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 Simple trust

Simple trust (naive, infants’ trust for their primary caretakers) primary caretakers)

 Basic trust

Basic trust (provides the basis for entire personalit attit des to ard the

  • rld)

personality, attitudes toward the world)

 Blind trust/mistrust

Blind trust/mistrust (irrational, one sees b t f t ) but refuses to see)

 Authentic trust/mistrust

Authentic trust/mistrust (rational, open to id ) evidence)

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 The complexity of processes makes it

very difficult to be adequately informed very difficult to be adequately informed about the technology and what happens to our data to our data.

 It is important to build trustworthy

institutions Participants’ trust depends

  • institutions. Participants trust depends
  • n their general trust in institutions

governing the database and on the governing the database and on the general level of trust in the society.

 One should discuss both benefits and  One should discuss both benefits and

risks involved.

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 Ethical conduct  Ethical conduct  Awareness

Responsibility of Actors

 Responsibility of Actors  Response and evaluation of threat

(B d Didi L i B b d h (Bernard Didier, Loic Bournon based on the guidelines of OECD in “Towards a Governance f Id tit S it S t ” 2009)

  • f Identity Security Systems”, 2009)
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 Since trust is a relationship, an

i t ti b ildi t t i interaction, building trust requires thinking and talking about trust. Si i l l bili d i k

 Since trust involves vulnerability and risk,

building trust means coming to terms i h h ibili f b h d with the possibility of breach and betrayal.

 What we need is rational authentic trust

based on reflection and resolve.

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Thank you for your attention! Thank you for your attention!