Lauritz Munch

The stakes associated with an algorithmic decision are often said to play a role in determining whether the decision engenders a right to an explanation. More specifically, “high stakes” decisions are often said to engender such a right to explanation whereas “low stakes” or “non-high” stakes decisions do not. While the overall gist of these ideas is clear enough, the details are lacking. In this paper, we aim to provide these details through a detailed investigation of what we will call the “Simple Stakes Thesis”. The Simple Stakes Thesis, as it will turn out, is too simple. For even if the stakes associated with a specific one-off decision are low—and hence does not engender a right to an explanation—such decisions may nevertheless form part of a high stakes pattern or aggregate of decisions. In such cases, we argue, even a low stakes decision may engender a right to explanation. Not only does this show that the right to explanation is more demanding than so far recognized. It also shows that the stakes thesis is significantly harder to apply in practice.

Most studies on the ethics of privacy focus on what others ought to do to accommodate our interest in privacy. I focus on a related but distinct question that has attracted less attention in the literature: When, if ever, does morality require us to safeguard our own privacy? While we often have prudential reasons for safeguarding our privacy, we are also, at least sometimes, morally required to do so. I argue that we, sometimes, ought to safeguard our privacy for the sake of the possible wrongdoer, in order to prevent the possible wrongdoer from committing a morally defiling act that renders them worse off. I illustrate the variety of cases in which this duty binds us and contrast my view to some other claims in the literature which also purport to show that we sometimes have a duty to safeguard our own privacy.

Andrei Marmor has recently offered a narrow interpretation of the right to privacy as a right to having a reasonable amount of control over one's self‐presentation. He claims that the interest people have in preventing others from abusing their personal information to do harm is not directly protected by the right to privacy. This article rejects that claim and defends a view according to which concerns about abuse play a central role in fleshing out the appropriate scope of a general right to privacy.

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms.