Waiving Privacy Rights: Responsibility, Paternalism, and Liberty

Abstract

In this article I argue that privacy rights can be waived, alienated, or forfeited. Like property or liberty rights, the primary issue is one of individual responsibility. After providing a rationale for why privacy is morally valuable, I argue that individuals may waive or forfeit privacy in a range of cases based on consent. Nevertheless, consent to access information does not entail consent to all downstream uses of this information. Moreover, in taking responsibility for waiving or forfeiting access, individual control of private information should be aided, not undermined, by technology.

Keywords: privacy, privacy rights, responsibility, accountability, paternalism, liberty, freedom, waiving rights, inalienable rights, forfeiting rights