I’ve Got a Secret: The balance of concealment and revelation Fred Blevens, Professor November 27, 2018 How We Know What We Know

Why is privacy important? It promotes autonomy It protects against scorn/ridicule It helps us control our reputations It can keep others at a distance It shields us against government November 27, 2018 How We Know What We Know

Privacy as a legal concept Intrusion – violation of solitude Publicity of embarrassing private facts Offensive to a reasonable person Not of legitimate public concern Putting a person in a false light Appropriation – use of name, picture or likeness without permission November 27, 2018 How We Know What We Know

Need for an ethics of privacy Law makes public figures “Newsworthiness” loosely interpreted Public places = fair game November 27, 2018 How We Know What We Know

Meaning to insiders/outsiders Desire to learn, to know Desire to gain control Desire to feel superior Longing for enjoyment of knowing Desire to be an intimate November 27, 2018 How We Know What We Know

Bonds that link lying/secrecy Lies are used to guard secrets Lies are used to invade secrecy Secrecy guards lies Secrecy nurtures growth of lies Every lie needs justification; secrets, however, do not November 27, 2018 How We Know What We Know

Secrecy = intentional concealment and that overlaps with privacy Protection of personal space Protection of a name Protection of thoughts Protection of inventions Protection of all aspects of identity You may assume no one will read your diary, but you may choose to hide it anyway. November 27, 2018 How We Know What We Know

Secrecy speaks to power; and it means human autonomy Controlling the flow of information Penetrating secrets empowers as well Four human elements: Identity, what we are Plans, what we intend Action, what we do Property, what we own November 27, 2018 How We Know What We Know

Dangers of secrecy Hurts judgment by shutting off criticism/feedback Allows maintenance of facades that conceal certain traits Lowers resistance to the irrational and pathological Through all of that, it can hurt people, intended or not November 27, 2018 How We Know What We Know

Principles of confidentiality Prima facie duty Displays loyalty to peers Other duties may compete Puts tremendous burden on agent November 27, 2018 How We Know What We Know

Common information flows among global governments Inside government This is the supply side In the public This is the demand side Push disclosure This is proactive Pull disclosure This is reactive November 27, 2018 How We Know What We Know

The federal statute Sunshine Act of 1976 Applies only to the executive branch But NOT the White House or its staff And only those appointed by president 10 exemptions National defense/foreign policy secrets Internal personnel practices That exempted under other laws Trade secrets of private business Accusations of crimes Personnel information that invades privacy Info compiled for ongoing investigations Reports on oversight of financial institutions Info that would hinder agency operations Or threaten stability of the economy Litigation matters November 27, 2018 How We Know What We Know

FOI and government records FOIA passed in 1966 Applies to whole executive branch Except the White House and its staff Covers only material the agency . . . Wrote, commissioned or ordered 9 exemptions National defense and foreign policy secrets Internal personnel rules/practices Trade secrets and financial info obtained . . . By businesses in confidence Internal memos and policy discussions Personal info that would invade privacy Legal investigative information Federally regulated financial organizations Oil and gas well data of private companies November 27, 2018 How We Know What We Know