The question of how to archive the present is already a
political concern in the present. Archiving, in other words, is no longer a matter of
looking back after an event is complete.
So much material is now being stored for analysis, to be carried out either
in the very near term or later when the current massive corpus has grown even
larger.
The current debate over privacy entails a discussion about
archiving data more than it concerns any measurable intrusion into the immediate private
lives of individuals. We object to
privacy policies of social media or financial institutions because they may use
our information later, once it has been stored. The struggle for privacy entails a conflict
about how present data will be used in the future. Privacy today concerns controlling the historical
archive of the future. Should there even
be an archive about us? How can we shape
its content and operation?
The eighteenth century understanding of privacy, from whence
our laws originated, was more immediate; it often involved the bodily intrusion
into domestic space. The private
property that privacy rights protected consisted of land and material objects,
whereas today the debate centers on the potential use of information about
these things. The body of the individual
with rights was implicitly included in the notion of privacy. Habeas corpus was the right of family members
to see the body of their (living) relatives even if they were under government
custody.
Now the debate has moved further to include the virtual existence
of bodies, properties and spaces, i.e. information about these entities. The
threat to privacy is indirectly aimed at these material objects through the
control of information about them.
Because we don’t know what that threat yet is, the debate centers on the
archive, on the collection of data in anticipation of it being used someday
against us.
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