From Cyborgs to Quantified Selves: Augmenting Privacy Rights with User-Centric Technology and Design

JIPITEC Vol. 13(1) [2022]

16 Pages Posted: 28 Sep 2021 Last revised: 11 Jul 2022

See all articles by Mark Fenwick

Mark Fenwick

Kyushu University - Graduate School of Law

Paul Jurcys

Prifina; Vilnius University - Faculty of Law

Date Written: September 26, 2021

Abstract

Transhuman enhancements – technologies that boost human capabilities – are everywhere: bodily implants, wearables, portable devices, and smart devices embedded in everyday spaces. A key feature of these technologies is their capacity to generate data from the user side and ‘give back’ that data to users in the form of personalized insights that can influence future choices and actions. Increasingly, our choices are made at the shifting interface between freedom and data, and these enhancements are transforming everyone into human-digital cyborgs or quantified selves.

These personalized insights promise multiple benefits for diverse stakeholders, most obviously greater self-understanding, and better decision-making for end-users, and new business opportunities for firms. Nevertheless, concerns remain. These technologies contribute to the emergence of new forms of post-Foucauldian surveillance that raise difficult questions about the meaning, limits, and even possibility of privacy.

As personal choice becomes increasingly dependent on data, traditional legal conceptions of privacy that presuppose an independent and settled sphere of private life over which an autonomous ‘person’ enjoys dominion become strained. Transformations in the practice of privacy are occurring, and we are experiencing the augmentation of a narrative of the protection of privacy rights of persons with a more situational, human-centered, and technology-driven conception of privacy-by-design. This article describes such privacy enhancing technologies and raises the question of whether such an approach to privacy is adequate to the complex realities of the contemporary data ecosystem and emerging forms of digital subjectivity.

Keywords: Cyborgs, Quantified Self, Personalized insights, Privacy, Surveillance, Transhumanism, User-Held Data, Data Ownership, Wearables, Personal AI, Privacy-by-Design

JEL Classification: K0, K1, K10, K19, K20, K21, K23, K29

Suggested Citation

Fenwick, Mark and Jurcys, Paul, From Cyborgs to Quantified Selves: Augmenting Privacy Rights with User-Centric Technology and Design (September 26, 2021). JIPITEC Vol. 13(1) [2022], Available at SSRN: https://ssrn.com/abstract=3930941 or http://dx.doi.org/10.2139/ssrn.3930941

Mark Fenwick

Kyushu University - Graduate School of Law ( email )

744 Motooka, Nishi-ku,
Fukuoka, Fukuoka 819-0395
Japan

Paul Jurcys (Contact Author)

Prifina ( email )

1 Market Street
San Francisco, CA California 94105
United States

Vilnius University - Faculty of Law ( email )

Saulėtekio ave. 9, building I
Vilnius, LT-10222
Lithuania

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