Pandemic highlights the need for a surveillance debate beyond 鈥榩rivacy鈥

Pandemic highlights the need for a surveillance debate beyond 鈥榩rivacy鈥

Privacy regulation can鈥檛 keep pace with the supersystems collecting, analyzing and using personal data.

By David Lyon, Director, Surveillance Studies Centre

June 8, 2020

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A silhouetted man stands in front of a digital display.
Governments are implementing surveillance technologies to monitor and control the spread of COVID-19. (Unsplash / Chris Yang)

The coronavirus pandemic has stirred up a surveillance storm. Researchers rush to develop new forms of public health monitoring and tracking, but releasing personal data to private companies and governments carries risks to our individual and collective rights. COVID-19 opens the lid on a much-needed debate.

For example, . The scramble for data solutions is well-meaning, but whether they work or not, they generate risks beyond narrowly-defined privacy.

Everyone has extensive digital records 鈥 health, education, employment, police contact, consumer behaviour 鈥 indeed, on our whole life. Privacy is much more than shielding something we鈥檇 rather not share; surveillance also affects our chances and choices in life, often in critical ways.

Early computerization obliged governments to see that regulation was needed as . At first the data came from credit cards, driver鈥檚 licences and social insurance; today it鈥檚 constant device-use. But privacy regulation alone can鈥檛 keep pace with today鈥檚 supersystems for data collection, analysis and use that generate the kind of negative discrimination that demands data justice.

Surveillance and profit

Shoshana Zuboff鈥檚 book is making headlines for its close analysis of how Google achieves its surveillance, why and with what consequences. Zuboff insists that a new mode of economic accumulation has been rapidly emerging ever since internet-based platforms 鈥 led by Google 鈥 discovered how to monetize the so-called 鈥渄ata exhaust鈥 exuded by everyday online communications: searches, posts, tweets, texts. Beyond the loss of privacy, she sees the destruction of democracy and behavioural modification, citing a former Facebook product manager who says the 鈥渇undamental purpose鈥 of data workers is to influence and alter people鈥檚 moods and behaviour.

One cannot miss Zuboff鈥檚 cri de coeur and its scathing rebuke to the 鈥渞adical indifference鈥 of these platforms. But what will it take to persuade us that today鈥檚 surveillance has become a basic dimension of our societies that threatens more than personal privacy? Surveillance is complicated, arcane and apparently out-of-control but those don鈥檛 excuse our complacency. Rather, they鈥檙e reasons for digging into some of the main dimensions of surveillance, prying open black boxes and reasserting human agency.

Let鈥檚 disturb some common assumptions that surveillance is about video cameras, state intelligence and policing, producing suspects and challenging privacy. Google assuredly does surveillance, which is commonly defined as 鈥.鈥

Two survellance cameras on a white wall.
Personal devices 鈥 mainly smartphones 鈥 provide a way to constantly track and monitor our movements, habits and consumption patterns. (Unsplash / Pawel Czerwinski)

It鈥檚 not just CCTV cameras, it鈥檚 also smart devices

Yes, it鈥檚 our laptops, phones and tablets. Surveillance is now digital and data-driven.

For too long, the stereotypical icon of surveillance has been the video camera. The French roots of the word surveillance means to 鈥渨atch over,鈥 which is what cameras do. And these are becoming smarter, when enhanced by facial recognition technology.

Clearview AI, for instance, scrapes billions of images from platforms such as Facebook or Google, selling services to major police departments in the United States and, until recently, Canada.

But today, what deserves to be the stereotypical icon is the smartphone. This, above all, connects the individual with corporations that not only collect but analyze, sort, categorize, trade and use the data we each produce. Without our permission, our data are examined and used by others to influence, manage or govern us. Data analysis enables prediction 鈥 and then 鈥渘udging鈥 鈥 of specific population groups to buy, behave or vote in hoped-for ways.

It鈥檚 not just the state, it鈥檚 the market

While the state and its agencies often overreach through intelligence and policing strategies, it is the market and not the state that holds the cards in the surveillance game.

Few noticed in the early 20th century that department stores, , kept detailed customer records, giving or withholding credit according to their status.

A pivotal moment was 9/11 when high-tech companies, craving customers after the dot-com bust, offered their services to government.

Today, our massively augmented data profiles indicate value to businesses. Those data are valuable to others too, like election consultants.

Surveillance is for sorting

Surveillance and suspects once belonged neatly together 鈥 those who were thought to be miscreants were watched. But in this big data era, all personal details are up for grabs.

What French sociologist Jacques Ellul worried about in 1954 has transpired: . But Ellul never guessed how this could morph into a global network of systems, far beyond policing, in which everyone becomes a target.

But everyone is not targeted in the same way. Surveillance 鈥 whether for welfare, commerce or policing 鈥 sorts populations into categories for different treatment. This social sorting works in marketing . In China today, .

This is not only about privacy, it鈥檚 also about data justice.

Surveillance is a challenge to digital rights, because it is based on fundamental inequalities and unfair practices. .

Privacy laws rightly protect an individual鈥檚 right to privacy of movement, home and communication in a democratic society. But we need a radical new direction, prompted by our knowing how data analytics, algorithms, machine learning and artificial intelligence are reshaping our social environment. The analysis and uses of the data have to be addressed, invoking new categories such as digital rights and data justice.

Surveillance challenges

Just scratching the surface of 21st-century surveillance reveals how vastly things have changed. The landscape of surveillance has shifted tectonically from following suspects, watching workers and classifying consumers to monitoring and tracking everyone 鈥 now for public health 鈥 on an unprecedented scale.

Privacy is undoubtedly a casualty, and so are basic freedoms of democracy, expectations of justice and hopes for social solidarity and public trust. These demand serious attention, not just from policy-makers and politicians, but from computer scientists, software engineers and everyone who uses a device.

The stakes are high, but the future is not foreclosed.The Conversation

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, Director, Surveillance Studies Centre, Professor of Sociology,

This article is republished from under a Creative Commons license. Read the .

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