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Rationale
We live in the era of Big Data
a huge amount of data is being collected and
analysed effectively.
The 2019 census, Huduma No….
we want data privacy but …
we also want the government to provide services
LEGAL AND ETHICAL ISSUES efficiently

In Computing

Data Confidentiality vs Data Analysis Data Confidentiality vs Data Analysis

At the doc’s…
we want our information
to be private
but…
At the doctors…

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Data Confidentiality vs Data Analysis

So we can benefit from up to

date research
we also
want patient
data to be
analysed

Why?

Data Confidentiality vs Data Analysis Data Confidentiality vs Data Analysis

We want to be free to send Legal and ethical challenges of emerging

tech.
messages to all and sundry
E.g. major advancements in technology
but… that allows us to manipulate things just by
the power of thought.
we also want terrorists to be
With EEG you can control video games,
caught before they attack machines, cars…

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World of Warcraft using the Emotiv EPOC

Data Confidentiality vs Data Analysis Data Confidentiality vs Data Analysis

E.g.:
One firm creating these kits,
Mind manipulated killing in a video game :(
Using a headset costing a few thousand shillings
Emotiv, collects brain data
you can think your way to fast car driving,
murder, mayhem, and all those other
from their > 100,000
“wonderful” things gamers do:/ … users in >100 countries
EEG monitors now easily available in the
market Why?

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Data Confidentiality vs Data Analysis
To improve its apps
E.g.: when gaming, you control the
character with your mind, freeing up your
hands to do other things.
“For science”.
E.g.: paraplegics can control their
wheelchairs with their mind.
Data Confidentiality vs Data Analysis
E.g: zero freedom of
thought/privacy
dissident thoughts = worrying
you are being listened to,
—> harm, discrimination, jail…
—> You will self-censor.
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Data Confidentiality vs Data Analysis
Will this lead to mind reading?
Maybe.
If it does, is that ok?
Unlimited potential for misuse…
Data Confidentiality vs Data Analysis
If your brain is monitored 24-7 you
become afraid to test the truth
of/reject ideas.
Propaganda can then be spread easily
We should think of safeguards before
it’s too late.
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What is Ethics? Ethics vs Law

Derived from the Greek word
Ethos, meaning habit or custom.
Shared set of societal
values/principles that help
differentiate right from wrong.
Are ethics the same as law?
No.
But usually form the basis
for laws.
Laws are also specific
to the jurisdiction.

Ethics vs Law Ethics vs Law

A law tells us to do or not to do
something. Ethics: what should I
This implies there is a recognised, do?
established authority.
This authority decided the
Law: What can I do
allowed/forbidden action is (legally)? …
beneficial to society.

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The Difference between Ethics and Laws What is Ethics?

Ethics: internalised principles
shaping our decisions.
Laws: external rules which if we
disobey society can punish us.
Though the values are shared
not everyone will be ethical.
Laws thus enforce ethical
behaviour.
You can also enforc e it by
ostracising “deviants”.

Legality versus Ethicality Legality versus Ethicality

Many t imes , l aws appl y cle arl y i n our
decisions.
Something can be legal
They lead directly to the appropriate ethical
but not ethical (and vice
conclusion. versa)…
However we can also have bad laws. True?
Dangerous to rely solely on them for moral
guidelines… If yes, examples?

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Legality versus Ethicality Legality versus Ethicality

Jennifer Wagner I = An act that is ethical and legal
(1991)’s taxonomy on II = An act that is ethical but not legal
the relationship between III = An act that is not ethical but is
ethics and law… legal

4 possible states: IV = An act that is not ethical and not

legal

Legality versus Ethicality Illegal BUT Ethical!

I = An act that is ethical and legal ❑ Swiss UBS Bank
vs Whistleblower
Legislation that criminalises discrimination
due to race, gender, disability etc. Christoph Meili
❑ Liechtenstein Tax
II = An act that is ethical but not legal Harbour Banks vs
euthanasia/assisted suicide? Crossing red thieves selling
lights? data
Christoph Meili
source: en-academic.com

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Illegal BUT Ethical! Illegal BUT Ethical!

Panama papers - How the rich exploit secretive
offshore tax regimes/havens.
11.5m files LEAKED from the database of the
world’s fourth biggest offshore law firm,
Mossack Fonseca.
12 national leaders among 143 politicians,
their families and close associates
Kalpana Rawal
Whistleblower = "John Doe”
Why did he do it? "simply because I understood
enough about their contents to realise the scale of
the injustices they described”.
“Life in danger”.
Willing to help prosecutors if granted immunity
from prosecution.

Legality versus Ethicality Legal BUT Unethical!

III = An act that is not ethical but is legal
Apartheid
many many examples… (see following
slides) Racism in the (US) South
IV = An act that is not ethical and not
legal
Rosa Parks
Nyayo/Nyati house activities in the 80’s Infidelity
and 90s.

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Legal BUT Unethical! Legal BUT Unethical!

Political Lobbying Environmental Concerns
The huge lobbying industry: influence peddling.
Companies that engage in
Labour Ethics: (legal) hydraulic fracturing.
Paying minimum wage to full-time employees.
Companies make zero attempts
Working legally with foreign suppliers with to go beyond the letter of the
questionable labour practices
law

Legal BUT Unethical! Legal BUT Unethical!

❑ Marketing Ethics
❑ Marketing tactics walking a fine line between
persuasion and manipulation:
❑ Taking advantage of the uneducated e.g. in US
before the Credit Card Act of 2009,
banks…teens…credit accounts.
❑ Kenya’s predatory mobile lending
❑ Harmful addi ct i o ns by el i ci t in g emo ti on al
responses.
❑ Shinda mamilioni winners type of ads
❑ Business Impacts on Society
❑ Businesses built around products that increase national
obesity or addiction statistics
❑ fast food, cigarettes
❑ Businesses that serve to keep poor people in poverty
❑ marketing expensive sneakers to youth in low-
income market segments
❑ selling high-calorie, low-nutrition foods at a
higher price-per-volume in smaller packages

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What is Ethics? Are ethics the same as religion?

Are ethics the same No.

T h e y are sh ared v al u es
as religion? whose source could be
religion.

Ethics vs Morals

Ethics vs Morals ❑ Morals:

❑ the practice of ethics.
❑ an individual’s
innate sense of what
is good

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Ethics vs Morals Ethics vs Morals
 Morals usually learned
from religious beliefs
 These beliefs are usually
similar
 e.g. thou shalt not steal
Ethics vs Morals
…an i nd iv id u a l’ s i nn ate
sense of what is good
We expect companies to be
ethical.
Yet they are not individuals.
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 However:
 Is abortion moral?
 What about the death
penalty?
 Same sex marriage? or
discrimination on the grounds
of sexual orientation?
Ethical Dilemmas
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Ethical Dilemmas Video: The Trolley Problem:

❑ How do we decide what What is the trolley problem?

is wrong vs what is right?
❑ We have MANY ethical
https://www.youtube.com/
dilemmas ... watch?v=bOpf6KcWYyw

Video: The Trolley Problem:

Are moral decisions

simply about outcomes
or the manner in which
we achieve them?
https://www.youtube.com/watch?v=bOpf6KcWYyw

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Ethical Dilemmas Ethical Dilemmas

❑ Several other ❑ Today such ethical analysis is

c r u c i a l d u e t o t e c h n ol o g i c a l
scenarios possible… advances:
❑ Child vs adult?
❑ decisions made by driverless cars

❑ autonomous military drones (high

❑ Women vs men? value target vs civilian casualties)

Decisions Decisions: Driverless Cars Decisions Decisions: Driverless Cars

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Ethical Dilemmas
❑ Mi ght seem l ike an
easy-to-solve dilemma.
❑ However.
❑ Not rabbit but child?
Ethics Give Us Rules
Ethics are what make it possible
for us to live and interact with
each other in a civilised fashion.
Thus, we voluntarily accept the
rules emanating from ethics.
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Ethical Dilemmas
❑ Might seem like an easily
solvable dilemma.
❑ However...
❑ a couple more videos...
Ethics Give Us Rules
Ethics are a set of shared
values providing rules
that we agree to follow
due to the resulting
benefits…
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Benefits Resulting From Ethics Benefits Resulting From Ethics

Economic Value
Society thrives when each individual
strives to achieve what is best for
themselves.
However, if doing so comes at a cost
to society, then it cannot be
allowed…
Hence the need for shared
societal systems.
Rules limit the things you can do
==> there's a cost associated
with you following the rule.

The Tragedy of the Commons

Video: Tragedy of the commons

The Tragedy of the

Commons Explained in One
Minute:
https://www.youtube.com/
watch?v=jSuETYEgY68

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When we don’t follow the

Ethics Give Us Rules rules…
So when do we follow rules? ❑ Selfishness can lead to devastating effects for
the society.
If the cost of you following the rule is
❑ Overlapping
less than the cost of others NOT
following the rule. ❑ Littering

i.e. the benefit of others following
the rule > the cost of you following
the rule.
❑ Imagine there being no shared value that
littering is wrong.
❑ When you see litter everywhere you won’t
be bothered to look for a trash can

When we don’t follow the When we don’t follow the

rules… rules…
Not adhering to a queue
❑ Plastic bags (sustainability FCFS (first come first served) = equitable distribution of
of the planet) waiting time + minimal arguments/fights
Not reporting crimes
❑ Spamming
what if we replace “reporting crimes” with “snitching”?

❑ Public smoking Plagiarism

no rewards for original works
❑ DUI

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