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Public mistrust of those in authority and failings of public organisations frame disputes over attribution of responsibility between individuals and systems. Exemplified with examples, including the Aberfan disaster, the death of Baby P, and Mid Staffs Hospital, this book explores parallel conflicts over access to information and privacy. The Freedom of Information Act (FOIA) allows access to information about public organisations but can be in conflict with the Data Protection Act, protecting personal information. Exploring the use of the FOIA as a research tool, Sheaff offers a unique contribution to the development of sociological research methods, and debates connected to privacy and secrecy in the information age. This book will provide sociologists and social scientists with a fresh perspective on contemporary issues of power and control.
Exploring how intelligence professionals view accountability in the context of twenty-first century politics How can democratic governments hold intelligence and security agencies accountable when what they do is largely secret? Using the UK as a case study, this book addresses this question by providing the first systematic exploration of how accountability is understood inside the secret world. It is based on new interviews with current and former UK intelligence practitioners, as well as extensive research into the performance and scrutiny of the UK intelligence machinery. The result is the first detailed analysis of how intelligence professionals view their role, what they feel keeps them honest, and how far external overseers impact on their work Moving beyond the conventional focus on oversight, the book examines how accountability works in the day to day lives of these organizations, and considers the impact of technological and social changes, such as artificial intelligence and social media. The UK is a useful case study as it is an important actor in global intelligence, gathering material that helps inform global decisions on such issues as nuclear proliferation, terrorism, transnational crime, and breaches of international humanitarian law. On the flip side, the UK was a major contributor to the intelligence failures leading to the Iraq war in 2003, and its agencies were complicit in the widely discredited U.S. practices of torture and “rendition” of terrorism suspects. UK agencies have come under greater scrutiny since those actions, but it is clear that problems remain. The book concludes with a series of suggestions for improvement, including the creation of intelligence ethics committees, allowing the public more input into intelligence decisions. The issues explored in this book have important implications for researchers, intelligence professionals, overseers, and the public when it comes to understanding and scrutinizing intelligence practice.
What is the appropriate balance between privacy, security, and accountability? What do we owe each other in terms of information sharing and access? Why is privacy valuable and is it more or less important than other values like security or free speech? Is Edward Snowden a hero or villain? Within democratic societies, privacy, security, and accountability are seen as important values that must be balanced appropriately. If there is too much privacy, then there may be too little accountability – and more alarmingly, too little security. On the other hand, where there is too little privacy, individuals may not have the space to grow, experiment, and engage in practices not generally accepted by the majority. Moreover, allowing overly limited control over access to and uses of private places and information may itself be a threat to security. By clarifying the moral, legal, and social foundations of privacy, security, and accountability, this book helps determine the appropriate balance between these contested values. Twelve specially commissioned essays provide the ideal resource for students and academics in information and applied ethics.
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Accountability protects public health and safety, facilitates law enforcement, and enhances national security, but it is much more than a bureaucratic concern for corporations, public administrators, and the criminal justice system. In Why Privacy Isn't Everything, Anita L. Allen provides a highly original treatment of neglected issues affecting the intimacies of everyday life, and freshly examines how a preeminent liberal society accommodates the competing demands of vital privacy and vital accountability for personal matters. Thus, 'None of your business ' is at times the wrong thing to say, as much of what appears to be self-regarding conduct has implications for others that should have some bearing on how a person chooses to act. The book addresses such questions as, What does it mean to be accountable for conduct? For what personal matters am I accountable, and to whom? Allen concludes that the sticky webs of accountability that encase ordinary life are flexible enough to accommodate egalitarian moral, legal and social practices that are highly consistent with contemporary feminist reconstructions of liberalism.
"Looking to achieve greater results by creating a high-accountability culture in your organization? This book shows you how! By implementing this Accountability process, you can take your team to new levels of excellence. The practical methods outlined in this book will guide you to increase your personal and organization's success"--Book cover
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives. Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior. Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.
Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.