This post explores the concept of data privacy, including the differences between data privacy in the US and Germany, the two countries where I have residency.
While many people don’t expect to have data protection in the digital age, some countries mandate by law that people have the right to privacy, and this is a protection that is undeniably denied to American citizens in many instances. Today I received a local listing email for a service in Texas, though I now live five thousand miles away in a new country. It took my husband two minutes to inform me that my e-mail is public information in the United States, tied into my former address, phone number, birthday, and a host of other personal details that Germans would balk at having online against their will. This broached a very relevant question in this day and age- do American people have an ethical right to more data privacy than US laws allow?
American Living: An Utter Lack Of Digital & Data Privacy
As an American born in the nineties and coming of age in the time of digital expansion, I never considered that I would have a right to digital privacy. In America, information is readily available, and there frankly seems to be nothing people can do about it. Instead, we are taught the harsh truth that once something goes online, its digital footprint can never be erased. But often this digital footprint is out of our control. If American citizens were to search themselves, there is a very good chance they will be faced with their address, phone number, e-mail, relatives, birthday, age, and past residencies. This information will likely be tied into a deeper web of details, as sites like Zillow provide in-depth details about homes that list everything from buying history to annual tax changes.
Is this way of living actually normal? Or does it somehow just feel normal because it became standard? Perhaps people of older generations would give a firm negation to such a way of life, but also people from the current generation in other areas of the world would deeply disagree with how readily accessible personal details are in the United States. While we might elect to put our work history on LinkedIn or don’t bother to remove school history from Facebook, Americans have no control over aspects such as addresses, criminal records, and photos being only a curious Google search away. And in fact, it is such standard practice to search prospective romantic partners that it can feel like a red flag if there is no information shining back after a name is typed into a search engine.
As someone who worked in journalism, I am also quite familiar with freedom of information, as well as how easy it is to track down mostly anyone with a few kernels of knowledge and a little determination and suddenly be rife with personal insight about this stranger. But this is not something that occurs for people around the world. In fact, there are no traces of my new life in Germany except for what I share, nor is contact information under my married name inundated with spam and endless advertisement. This is because plenty of people value their privacy, while the land they live in gives them the right to not be exposed online.
Data Protection & The Right To Privacy
Perhaps nowhere is the difference in data privacy between the US and Germany the most obvious daily as when it comes to photos and video. In the United States, it is very common to take photos and recordings of not only yourself, but also your surroundings, as well of things of interest. People record subjects they find charming or outlandish, such as an elderly couple holding hands or someone causing a scene in public. These videos then make their way to social media and are sent around for public viewing without a second thought. However, a vital element is missing from many of these digital interactions- consent.
Americans, like myself when I first moved to Germany, might be surprised to learn that recording freely is not the standard around the world. While Germans also enjoy capturing moments on camera, there are laws in place to prohibit the filming or photography of people without their consent. In Germany, you cannot have someone on film without their explicit permission, though such permission can be given with something as a smile. For example, a stranger smiling at your lens is acceptable, as is asking someone if you can record them. However, people value their right to privacy and reserve the legal right to not appear in photos and videos that are taken for private or public use.
What Is Datenschutz?
Datenschutz, or data privacy, is a hot topic in Germany. Germans don’t play around when it comes to their right to privacy. There is both federal data protection and data protection for all 16 states in Germany encompassed under the German Data Protection Act (GDPA). The Federal Ministry of the Interior and Community states, “The right to informational privacy, i.e. the right of every person to determine how their personal data is used or disclosed, is part of the general right to free development of one’s personality.”
If you think I am exaggerating, try taking a video of someone in Germany without their consent. Better yet, don’t, because this is a massive faux paus, as well as something deeply offensive and legally punishable. And there is no reason why this shouldn’t be the standard, as people have the right to their image. Even if this is not always a legal right, it should be a moral one. Social media is inundated with videos of people being discreetly filmed, and even though this is often done for seemingly complimentary purposes, there is no reason why consent shouldn’t extend into digital platforms. Exposing other people for internet points shouldn’t be something that is celebrated even if it is normalized.
Who Is Allowed To Breach Data Privacy?
Now while it is an easy rule to follow that we should be conscientious to not film people on the street, it is another question when it comes to safety concerns and being on camera. For one, the government clearly is allowed to film people, as the prevalence of CCTV cameras in many major cities will attest to. However, it is another question to what extent people should be allowed to record others for safety. You will likely not be surprised to hear that Germans cannot film their neighbors with household cameras and need permission from them for the placement of external cameras, while there are also regulations as to how the cameras should be placed.
When it comes to home security, many suburban American households appear to now be equipped with Ring doorbells and similar devices that record who approaches homes and send footage to the homeowner on their phone. These handy security measures are motion-detected and often contain audio, and are thus useful for identifying criminal activity, such as stolen packages, or gathering information in the wake of a local crime. However, they are also used for unnecessary profiling, as well as intrusive spying. Such functions make their true use dubious, though it is undeniably within the right of American legislation for people to have such devices outside of their homes.
While some people are staunch believers in the right to protect their homes, it is nevertheless a difficult situation for those who have an objection to being monitored. Yes, some of these individuals are up to criminal activity, but there are also plenty of innocent citizens who have an aversion to Big Brother peering in on their lives. Unfortunately, there currently seems to be very little that people can do in the United States to prevent their data from being publicly released or to control when they appear on personal recordings. However, it might be time to reevaluate laws given how digitalized the world has become, as well as the effectiveness of data protection laws in other lands. In the meantime, people can be more conscientious about photographing others without their consent.
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