Carrier IQ Class Action Lawsuit News- 1/26/2012:  Physical privacy is the right to be free from unwanted, unreasonable intrusions into, or searches of, one’s body. It is concerned with bodily integrity (and, indirectly, emotional integrity, together with human dignity). Issues revolving around physical privacy include schemes for compulsory immunisation, blood transfusion without consent, compulsory provision of samples of body fluids and body tissue, and compulsory sterilisation (Clarke, 2000). Physical privacy also is defined as freedom from contact or monitoring by others.³⁵ Physical privacy is not usually the focus of the discussion on biometric information, but it is difficult to delineate clearly and neatly the relationship between an individual’s bodily integrity and bodily information, on which the demarcation between the rights to physical privacy and informational privacy is based. Determining exactly when bodily matter becomes data and information is challenging—as the case of DNA illustrates. In any case, it is important not to completely sever discussion about use of body data from use of the body; to do so ignores the close and constitutive link between these data and a person’s identity as embodied person (Plogue, 2001).

The fuzzy nature of biometrics poses novel challenges and can create new security holes. Unlike passwords or plain text, each time a biometric is measured the obser­vation might differ. In the case of fingerprint matching, for example, the reading might change because of elastic deformations in the skin when placed on the sen­sor, or because of dust particles, oil, and so on. Moreover the devices that are in use—cameras, sensors, and so on—are, like human eyes and feelings, imperfect; they will not always be able to distinguish subtle differences between people.

The challenge of confronting any radically developing technology is that it must be approached with a broad understanding of the practical and technological reali­ties and limitations. As we embrace the biometric technology, however, we have to pause to consider some of the implications of its widespread implementations, especially its potential risks to privacy. Biometric information is a special category of personal information which is intimately linked to our physical body, while having the potential to become a relatively unique and stable digital representation of each individual in the computer world. Our right to informational privacy and physical privacy may all be at risk with unlimited use of such technology. Ascribing property rights to biometric information may alleviate this risk somewhat but is regarded by many as a relatively controversial move.

Biometrics’ current state of effectiveness still leaves much to be desired. The qual­ity and accuracy level of biometric technology as it now stands do not actually offer the gains in security as demonstrated by many vendors or advocators. Having addressed some of the misconceptions around the technology, it is perhaps worth noting that biometric technology alone can not provide an answer to security is­sues. The inherent nature of biometric technology provides enormous potential for undermining privacy, despite the fact that, as it stands now, such technology does not offer all the matching, tracking and linking possibilities that are commonly envisaged. The inaccuracies and the security risks posed by biometric technology have, rather ironically, added more security problems, something not generally known. As mentioned previously, biometric technology for the near future at least is more likely to function as a convenient alternative or supplement to traditional authentication methods than as a security enhancement tool.

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As Wilson shows, biometric authentication entails a long chain of processing steps, all of which are imperfect. The imperfection is caused by various factors, and is at the same time unavoidable as the body parts measured can never be exactly the same each time. A biometric device has to be able to tolerate to some extent the variations of the input; inevitably this means the system may make mistakes. Consequently, accuracy of a biometric system cannot be measured exactly. The system accuracy is commonly assessed in terms of the system’s ten­dency to generate a False Acceptance Rate (FAR), which is equivalent to a False Match Rate (FMR) or False Rejection Rate (FRR), which is equivalent to a False Non Match Rate (FNMR). These error rates are often just estimated for the portion of user population that is not subject to exception handling^.

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During their headlong rush onto the Internet during the last decade, many organisa­tions have overlooked the importance of human values to the parties that they deal with. Both consumers and small businesspeople feel powerless when they deal with larger organisations. They would like to have “friends in high places” who can help them when they encounter difficulties. They also fear the consolidation of power that they see going on around them, as governments integrate vast data collections, corporations merge and enter into strategic alliances, and “public-private partner­ships” blur organisational boundaries across sectors. As a result, distrust is more commonly encountered than trust.

One context within which trust is critical is the relationship between employers on the one hand, and employees and contractors on the other. In some countries, par­ticularly the USA, employers have been intruding into their employees’ data, into their behaviour—not only in the workplace but also beyond it—and even into their employees’ bodies in the form of substance-abuse testing, and even the insertion of identity chips. Such measures substitute a power-relationship for loyalty, with the result that employees become exactly what the employer treats them as—sullen opponents who are likely to disclose company secrets and even to commit sabotage. The negative impact on corporate morale and performance is even more marked in the case of staff members on whose creativity the organisation depends for innova­tion, because a climate of surveillance and distrust chills behaviour and stultifies creative thought and action (Clarke, 2006a).

The activities of large organisations do not naturally protect the privacy of employ­ees, nor of customers and suppliers. On the contrary, the increase in the scale of corporations and government agencies through the 20^th century, the greater social distance between institution and individual, the greater dependence on data instead of human relationships, and the de-humanising nature of computer-based systems, have together resulted in large organisations both being perceived to be, and being, seriously threatening to privacy. If organisations are to avoid distrust arising from their privacy-invasive behaviour, and particularly if they wish to use their behaviour in relation to people as a means of inculcating trust, then they need to adopt a strategic approach to privacy. This section introduces privacy strategy and outlines key techniques.

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