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Copy-edit the Collective Privacy section. (#365)
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Also drops the <a ping> example per today's discussion.

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Co-authored-by: Daniel Appelquist <[email protected]>
Co-authored-by: Nick Doty <[email protected]>
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Privacy principles are often defined in terms of extending rights to individuals. However, there are
cases in which deciding which principles apply is best done collectively, on behalf of a group.

One such case, which has become increasingly common with widespread profiling, is that of information
relating to membership of a group or to a group's behaviour, as detailed in
<a href="#group-privacy"></a>. As Brent Mittelstadt explains, “<em>Algorithmically grouped
individuals have a collective interest in the creation of information about the group, and actions
taken on its behalf.</em>” ([[?Individual-Group-Privacy]]) This justifies ensuring that grouped
people can benefit from both individual and collective means to support their [=autonomy=] with respect
to [=data=] [=processing=]. It should be noted that [=processing=] can be unjust even if individuals
remain anonymous, not from the violation of individual [=autonomy=] but because it violates ideals
of social equality ([[?Relational-Governance]]).

Another case in which collective decision-making is preferable is for [=processing=] for which
informed individual decision-making is unrealistic (due to the complexity of the processing, the
volume or frequency of processing, or both). Expecting laypeople (or even experts) to make informed
decisions relating to complex [=data=] [=processing=] or to make decisions on a very frequent
basis — even if the [=processing=] is relatively simple — is unrealistic if we also want them to have
reasonable levels of [=autonomy=] in making these decisions.

The purpose of this principle is to require that [=data governance=] provide ways to distinguish
[=appropriate=] [=data=] [=processing=] without relying on individual decisions whenever the latter
are impossible, which is often ([[?Relational-Governance]], [[?Relational-Turn]]).

Which forms of collective governance are recognised as legitimate will depend on domains. These may
take many forms, such as governmental bodies at various administrative levels, standards
Collective decision-making should be considered:

<ul>
<li>
When information is about membership in a group or about a group's behaviour.
As Brent Mittelstadt explains, “<em>Algorithmically grouped
individuals have a collective interest in the creation of information about the group, and actions
taken on its behalf.</em>” ([[?Individual-Group-Privacy]])
As <a href="#group-privacy"></a> discusses,
an individual's permission isn't enough to support the [=autonomy=] of other members of the group.
</li>

<li>
When individuals can't realistically be expected to make informed decisions.
This can happen when [=data processing=] is complex
or requests to process data happen very frequently.
</li>

<li>
When individuals have systematically less power
than the organizations asking them to agree to [=data processing=] ([[?Relational-Turn]]).
</li>

<li>
When the [=data processing=] is unjust at a societal level even if an individual remains anonymous ([[?Relational-Governance]]).
</li>
</ul>

Different forms of collective decision-making are legitimate depending on what data is being processed.
These forms might be governmental bodies at various administrative levels, standards
organisations, worker bargaining units, or civil society fora.

It must be noted that, even though collective decision-making can be better than offloading
[=privacy labour=] to [=individuals=], it is not necessarily a panacea. When considering such
collective arrangements it is important to keep in mind the principles that are likely to support
viable and effective institutions at any level of complexity ([[?IAD]]).

A good example of a failure in collective privacy decisions was the standardisation of the
[^a/ping^] attribute. Search engines, social sites, and other algorithmic media in the same vein
have an interest in knowing which sites that they link to [=people=] choose to visit (which in turn
could improve the service for everyone). But [=people=] may have an interest in keeping that
information private from algorithmic media companies (as do the sites being linked to, as that
facilitates timing attacks to recognise [=people=] there). A [=person=]'s exit through a specific
link can either be tracked with JavaScript tricks or through bounce tracking, both of which are slow
and difficult for user agents to defend against. The value proposition of the [^a/ping^] attribute
in this context is therefore straightforward: by providing declarative support for this
functionality it can be made fast (the browser sends an asynchronous notification to a ping
endpoint after the [=person=] exits through a link) and the user agent can provide its [=user=] with
the option to opt out of such tracking — or disable it by default.

Unfortunately, this arrangement proved to be unworkable on the privacy side (the performance gains,
however, are real). What prevents a site from using [^a/ping^] for [=people=] who have it activated
and bounce tracking for others? What prevents a browsers from opting everyone out because it wishes
to offer better protection by default? Given the contested nature of the [^a/ping^] attribute and
the absence of a forcing function to support collective enforcement, the scheme failed to deliver
improved privacy.
Even though collective decision-making can be better than offloading
[=privacy labour=] to [=individuals=], it is not a panacea.
Decision-making bodies need to be designed carefully,
for example using the <a data-cite="IAD#">Institutional Analysis and Development framework</a>.

## Device Owners and Administrators {#device-administrators}

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