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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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