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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


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

  2.  Change in ethical frameworks  Change in ethical frameworks  Comparison of biometric and human genetic databases databases  Lack of public debate as a problem  The analysis of trust-relationship Th l i f t t l ti hi  How to create and maintain trust?

  3.  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?

  4.  Privacy and autonomy  Privacy and autonomy  Privacy at stake  Privacy at stake at stake  Limited autonomy,  Presumed/tacit / broad/open consent consent  Public interest  Public interest argument: HGDs as argument: HGDs as argument: Security as global public goods highest value  Discourse of hope  Discourse of hope  Discourse of threat Di f th t Biometric HGD

  5.  Sc Scientific ientific (mapping genes g g  Threat to privacy p y for common diseases, f d  Possibility of understanding the discrimination and combined effects of stigmatization stigmatization genetic lifestyle and genetic, lifestyle and environmental risk factors)  Possible psychological  Health related Health related (better and stress when knowing more efficient health care one’s genetic risks one s genetic risks system, better diagnosis  Creation of orphan and treatment of diseases) diseases  Economic Economic (creation of new  Individualized medicine  Individualized medicine j b jobs, development of d l t f biotech sector, reverse not affordable to poorer brain drain) countries Benefits Risks

  6.  Security Security (monitor migration, g  Threat to Threat to privacy privacy combat identity theft and b d h f d (increasing tension between ( b fraud) the principle of security and that of privacy and  Economic Economic (cut costs democracy) democracy) produce efficiency gains for produce efficiency gains for  Po Potential ntial of so of social e al exclusion usion administration) (border surveillance has  Convenience in Convenience in time time (avoid divergent effects for queues faster answers queues, faster answers, different groups of people) d ff f l ) immediate access to  Securitisation Securitisation (more and information) more issues framed in  Mo Mobilit bility (vote anywhere, y ( y , terms of security concerns) terms of security concerns) services and movement of  Changing social Changing social capital across borders via relationship relationships (climate of e-services) suspicion) Benefits Risks

  7.  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: although biometric identification technology can lth h bi t i id tifi ti t h l 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.

  8.  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.

  9. “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 forever alter the fundamental fundamental trust fundamental trust trust model rust model 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 Residence Permits, DG-Policy Department Citizens’ Rights and id P it DG P li D t t Citi ’ Ri ht d Constitutional Affairs, 2006)

  10.  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 on 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 .

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

  12.  Simple trust Simple trust (naive, infants’ trust for their primary caretakers) primary caretakers)  Basic trust Basic trust (provides the basis for entire personalit personality, attitudes toward the world) attit des to ard the orld)  Blind trust/mistrust Blind trust/mistrust (irrational, one sees b t but refuses to see) f t )  Authentic trust/mistrust Authentic trust/mistrust (rational, open to id ) evidence)

  13.  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 on 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.

  14.  Ethical conduct  Ethical conduct  Awareness  Responsibility of Actors Responsibility of Actors  Response and evaluation of threat (Bernard Didier, Loic Bournon based on the (B d Didi L i B b d h guidelines of OECD in “Towards a Governance of Identity Security Systems”, 2009) f Id tit S it S t ” 2009)

  15.  Since trust is a relationship, an interaction, building trust requires i t ti b ildi t t i thinking and talking about trust.  Since trust involves vulnerability and risk, Si i l l bili d i k building trust means coming to terms with the possibility of breach and i h h ibili f b h d betrayal.  What we need is rational authentic trust based on reflection and resolve.

  16. Thank you for your attention! Thank you for your attention!

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