26. “Can You Pass the Job 26. “Can You Pass the Job Test?” Test?” Newsweek (5 May 1986)Newsweek (5 May 1986)

Various forms of testing are once Various forms of testing are once again becoming popular.again becoming popular.

Fourth AmendmentFourth Amendment Can employers require things like Can employers require things like

drug tests as conditions for drug tests as conditions for employment?employment?

Forms of TestingForms of Testing Honesty Tests: polygraph; writtenHonesty Tests: polygraph; written

– Problem of accuracy/reliabilityProblem of accuracy/reliability– Is this a preventative measure or determination of Is this a preventative measure or determination of

guiltguilt Drug TestsDrug Tests

– Problem of accuracy 95%-99% accurate = 1-5 out Problem of accuracy 95%-99% accurate = 1-5 out of every 100 tested will produce inaccurate results.of every 100 tested will produce inaccurate results.

– Some studies rate the error at 25% false positiveSome studies rate the error at 25% false positive– Test may not reflect current drug induced Test may not reflect current drug induced

impairment, but residual drugs in one’s system impairment, but residual drugs in one’s system (THC, Cocaine)(THC, Cocaine)

– Should these only apply to those whose work has a Should these only apply to those whose work has a bearing on public safety?bearing on public safety?

Testing (Cont.)Testing (Cont.) Personality TestsPersonality Tests

– Problem with those that don’t do well on tests Problem with those that don’t do well on tests generally.generally.

Genetic ScreeningGenetic Screening– Can be useful in protecting the employees and Can be useful in protecting the employees and

public from health risks.public from health risks.– May also result in discrimination against May also result in discrimination against

homosexuals, women and those predisposed to homosexuals, women and those predisposed to disease.disease.

– Accuracy problems in terms of both false pos. Accuracy problems in terms of both false pos. and neg.and neg.

27. “Privacy, Morality, 27. “Privacy, Morality, and the Law” W. A. and the Law” W. A. ParentParent Definition of PrivacyDefinition of Privacy Why we value PrivacyWhy we value Privacy Account of the moral and legal Account of the moral and legal

right to privacyright to privacy

Definition of PrivacyDefinition of Privacy Privacy DefinedPrivacy Defined Cultural norms and existing practices.Cultural norms and existing practices. ““Personal information consists of facts Personal information consists of facts

which most persons in a given society which most persons in a given society choose not to reveal about themselves choose not to reveal about themselves (except to close friends, family, . . .) or (except to close friends, family, . . .) or of facts about which a particular of facts about which a particular individual is acutely sensitive and which individual is acutely sensitive and which he therefore does not choose to reveal he therefore does not choose to reveal about himself”(216).about himself”(216).

Value of PrivacyValue of Privacy

Privacy prevents others from obtaining Privacy prevents others from obtaining personal, sensitive information that personal, sensitive information that could be used to acquire power over us.could be used to acquire power over us.

Privacy prevents the scorn or ridicule Privacy prevents the scorn or ridicule due to intolerant views or life styles, due to intolerant views or life styles, habits and ways of thinking.habits and ways of thinking.

Privacy is part and parcel of ‘the liberal Privacy is part and parcel of ‘the liberal ethic’ i.e., a violation of the respect for ethic’ i.e., a violation of the respect for personspersons..

Moral Right to PrivacyMoral Right to Privacy

The value of privacy establishes The value of privacy establishes the moral right to privacy for the moral right to privacy for those that value those that value freedom freedom and and individuality.individuality.

That privacy is a moral right does That privacy is a moral right does not entail that it can never be not entail that it can never be violated.violated.

Criteria of a Wrongful Criteria of a Wrongful InvasionInvasion

For what purpose is the undocumented personal For what purpose is the undocumented personal info. sought?info. sought?

Is this purpose a legitimate and important one?Is this purpose a legitimate and important one? Is the knowledge sought through invasion of Is the knowledge sought through invasion of

privacy relevant to its justifying purpose?privacy relevant to its justifying purpose? Is invasion of privacy the only or the least Is invasion of privacy the only or the least

offensive means of obtaining the knowledge?offensive means of obtaining the knowledge? What restrictions or procedural restraints have What restrictions or procedural restraints have

been placed on the privacy-invading techniques?been placed on the privacy-invading techniques? What protection is to be afforded the personal What protection is to be afforded the personal

knowledge once it has been acquired?knowledge once it has been acquired?

Purpose of the Criteria Purpose of the Criteria (pp.220-221)(pp.220-221) 1-4 deal with the rationale for 1-4 deal with the rationale for

invading privacyinvading privacy– gratuitious invasions: when there is gratuitious invasions: when there is

no purpose; when the purpose is no purpose; when the purpose is less than compelling; when the less than compelling; when the personal facts have nothing to do personal facts have nothing to do with the justifying elements; when with the justifying elements; when the info. could have been obtained the info. could have been obtained by less intrusive measures.by less intrusive measures.

Purpose (Cont.)Purpose (Cont.)

5 deals with the actual invasion of 5 deals with the actual invasion of privacyprivacy– Indiscriminate Invasions: occur when Indiscriminate Invasions: occur when

insufficient procedural safeguards insufficient procedural safeguards have been imposed on the have been imposed on the techniques employed.techniques employed.

6 deals with how the obtained 6 deals with how the obtained info. is treated after the invasion.info. is treated after the invasion.

The Legal Right to Privacy The Legal Right to Privacy

Contemporary jurisprudence could have Contemporary jurisprudence could have benefited from the philosophical analysis of benefited from the philosophical analysis of privacy.privacy.

Griswold v. Connecticut – law recognizes an Griswold v. Connecticut – law recognizes an implicit right to privacy.implicit right to privacy.

Eisenstadt v. Baird – equated the right to Eisenstadt v. Baird – equated the right to privacy with the right to make fundamentally privacy with the right to make fundamentally important choices free from unwarranted important choices free from unwarranted government intrusion.government intrusion.

Many cases conflate the right to privacy with Many cases conflate the right to privacy with the right to liberty.the right to liberty.

28. “Invasions of Privacy 28. “Invasions of Privacy in Social Science in Social Science Research”Research” Nature of rights and the nature of Nature of rights and the nature of

the right to privacy.the right to privacy. Justifiable invasions of one’s right Justifiable invasions of one’s right

to privacy.to privacy. Application to Social Science Application to Social Science

research.research.

The Right to PrivacyThe Right to Privacy

A right to some good “x” is a A right to some good “x” is a understood as having a valid understood as having a valid claim to do or have “x” assuming:claim to do or have “x” assuming:– The person who has the claim is The person who has the claim is

permitted to do or have “x”.permitted to do or have “x”.– The claim is another’s obligation to The claim is another’s obligation to

the person.the person.

Rights and ObligationsRights and Obligations

To claim that one has a right entails To claim that one has a right entails that someone else has either a that someone else has either a positive or negative obligation.positive or negative obligation.

Positive Obligation: obligation to Positive Obligation: obligation to provide someone with “x” or the provide someone with “x” or the means to do “x”.means to do “x”.

Negative Obligation: obligation to Negative Obligation: obligation to refrain from interfering with someone’s refrain from interfering with someone’s doing or having “x”.doing or having “x”.

Privacy and Respect Privacy and Respect for Personsfor Persons Individual autonomy Individual autonomy capable of acting capable of acting

and forming conceptions of the good.and forming conceptions of the good. ““It is surely a truism that control over It is surely a truism that control over

one’s life entails control (to some degree) one’s life entails control (to some degree) over what is known by others about over what is known by others about oneself and control over some set of oneself and control over some set of crucial (private) areas of one’s life.”(225) crucial (private) areas of one’s life.”(225)

GMP-respect for persons GMP-respect for persons abstract right abstract right to privacy.to privacy.

Justifying Invasions of Justifying Invasions of PrivacyPrivacy Specifically – Invasions of privacy Specifically – Invasions of privacy

in social science research.in social science research. Some deception is required to Some deception is required to

perform social science perform social science experiments experiments Milgram studies Milgram studies (Ch.5 study/discussion question (Ch.5 study/discussion question 6).6).

Criteria for Determining Criteria for Determining Unjust Invasions of Unjust Invasions of PrivacyPrivacy CC11: Social scientists unjustifiably : Social scientists unjustifiably

invade their subjects’ privacy invade their subjects’ privacy whenever they manipulate subjects whenever they manipulate subjects into doing something embarrassing into doing something embarrassing or disclosing private embarrassing or disclosing private embarrassing facts, and thereby place their facts, and thereby place their subjects in a false public light or subjects in a false public light or intrude into their private domain.intrude into their private domain.

Alternate CriteriaAlternate Criteria

CC22: Social scientists unjustifiably : Social scientists unjustifiably invade their subjects’ privacy invade their subjects’ privacy under certain conditions when under certain conditions when they manipulate subjects into they manipulate subjects into doing something embarrassing or doing something embarrassing or disclosing private embarrassing disclosing private embarrassing facts, and thereby place their facts, and thereby place their subjects in a false public light of subjects in a false public light of intrude into their private domains.intrude into their private domains.

Problems with CProblems with C22

Trades rights for utilityTrades rights for utility Rights can only be sacrificed for Rights can only be sacrificed for

the protection of competing the protection of competing rights.rights.

Reminder: Both C1 and C2 apply Reminder: Both C1 and C2 apply to situations in which there is not to situations in which there is not consent to the invasions.consent to the invasions.

““Safe” Areas of Social Safe” Areas of Social LifeLife ““It is necessary for social justice and It is necessary for social justice and

the institution of morality that what the institution of morality that what may be called “safe” areas of social may be called “safe” areas of social life be carved out that are almost life be carved out that are almost entirely free from intrusion”(227)entirely free from intrusion”(227)

Violation of safe areas by lying, Violation of safe areas by lying, deception etc. is almost always wrong.deception etc. is almost always wrong.

Safe areas can only be overridden to Safe areas can only be overridden to protect other safe areas.protect other safe areas.

Privacy and Social Privacy and Social Science ResearchScience Research Acc. to Pinkard, social science Acc. to Pinkard, social science

research that invades a safe area research that invades a safe area is always morally unjustified.is always morally unjustified.

Invasions of privacy in tacit, Invasions of privacy in tacit, structured and consensual structured and consensual situations is permissible.situations is permissible.

Agreement of rational persons Agreement of rational persons standard.standard.

Hypothetical Hypothetical AgreementAgreement ““Our judgments in these cases thus Our judgments in these cases thus

should be set in the context of a should be set in the context of a model of moral reasoning that model of moral reasoning that focuses on principles that are focuses on principles that are sharedshared between people and to which we can between people and to which we can imagine people imagine people contractuallycontractually agreeing.”(228)agreeing.”(228)

Hypothetical agreement rests on a Hypothetical agreement rests on a respect for persons.respect for persons.

Context CountsContext Counts Is the laboratory setting a “poker Is the laboratory setting a “poker

game”?game”? Is the subway a poker game?Is the subway a poker game? What would hypothetical agents What would hypothetical agents

agree to or not agree to?agree to or not agree to? Is there a “right” to do research Is there a “right” to do research

that overrides one’s right to that overrides one’s right to privacy?privacy?