Privacy and Ethics Concerns in Technological and Bio-Technological Applications

 By

 ADEBAYO ADEJARE 

In the seventies and eighties the advent of the personal computer revolutionized our lives and made man exponentially more productive. Today, what is turning our lives around are the many applications of technological and biotechnological advances to almost every facet of the life of man. The widening dimensions and implications give cause for legitimate concern hence it is not surprising that controversy is gradually creeping in.

It is easily convincing that DNA tests be used to ascertain paternity or detect identities or when genetically modified crops are grown to mitigate hunger and starvation but when lie-detector and value profile tests are applied to determine employment and public policy issues and stem cell grown to treat brain diseases and disorders a grey area not easily overlooked emerges. Furthermore, how fast can legislation catch up with these developments to control them? What are the international dimensions of say, space research especially when they impact on the environment? How can the invasion of privacy imminent in most of these developments be managed? Isn't there an ethical/religious dimensions to these issues? These are hot issues now-a-days and lawyers in developing countries are challenged from time to time by the

 novelty of the developments. This short piece sets out to update readers on these developments and highlight inherent dangers.  These inventions happen so fast that even practitioners in science and engineering have to struggle to keep pace.

SCIENTIFIC PROOF OF TRUE IDENTITY

In criminal background checks, the fingerprint of subject is run through the computerized storage/database of the fingerprints of all convicted felons. In rape and other assault cases DNA samples /specimen from the body of the victim is stored and matched with those of suspects to eliminate the innocent. Parents seeking immigration privileges on the basis of blood relationship now have to go through DNA tests to confirm blood relationship. In the case of paternity disputes resolution is easily reached once the disputed child's DNA is matched with that of one of the contending fathers. The 1993 Lagos Nigeria miracle child case where a 65 year old woman claimed to have given birth to a baby was resolved ten years later by application of DNA test. Passports will now contain bio-med information in order to check the trans-border activities of terrorist and other miscreants including drug traffickers and financial crime perpetrators. The latest proposal is that retina identity be used at Airports and all Border posts so that the traveler may not even be aware that his data has been photographically obtained, matched with several databases and stored.

SECURITY APPLICATIONS

Today X-RAY machines are used at Airports all over the world to screen luggage meant for carriage by Aircraft. In the use of perimeter-infusion detection systems everything from infrared rays to microwaves are planted to spot intruders into secured areas. A common case is the automatic doors that open as soon as a customer gets within a specified distance of the entrance currently a common feature in departmental stores today. Video recording of every activity in store and even in parking lots have enabled store security and law enforcement agents to successfully investigate and apprehend store thieves and robbers. They have also provided factual evidence used in civil proceedings especially in occupational liability cases. In Banking, both premises and Automatic Teller Machines now have photo-electric beams that set off alarm systems from cameras. Even private homes now carry Closed circuit Televisions (CCTV) whereby visitors are seen by their hosts even before they press the door-bell. Other applications of intrusion systems include hazardous material locations including nuclear installations, petroleum refineries, military bases, arsenals and storage areas, airports, prisons and other institutions of confinement. Other applications are storage and warehouse operations, marinas docks and storage sites.

Governments and Societies have paid attention to the financial crimes aspect of these applications to the neglect of other implications. The frequent cases of  abuse of the internet is a case in point.

The entire ramifications and implications of these technological and bio-technological developments are absolutely beyond human comprehension. All we have are notes and arguments here and there. It is however undeniable that privacy concerns are serious enough for urgent attention. In the ostensible pursuit of terrorists, novel security issues including frequent and unwarranted access to individuals, their financial information, medical records etc persistently arise. Governments all over the world are currently engaged in acts of questionable legality purportedly undertaken for national security. Perhaps, it is time to pull the breaks. Hence the recent warning by Archbishop Gianfranco Girotti, the Vatican's number two man for church perspectives on sin and penance is timely. In a statement carried by Reuters on Monday March 10, 2008 The Vatican classifies environmental degradation and the “uncharted world of bio-ethics” as modern sins. The “uncharted world” he contends raises novel issues which mankind must denounce because they result in “violations of the fundamental rights of human nature through experiments and genetic manipulation whose outcome is difficult to predict and control," It is also time that Human Rights organizations the world over closely examine recent governmental security initiatives particularly those with trans-border implications for the obvious privacy and other rights issues arising. It is a fundamental tenet of our common law jurisprudence adumbrated in the famous House of Lords decision in LIVERSIDGE VS ANDERSON that even in time of war the constitutional rights and freedoms of citizens must be jealously safeguarded. The down-side of these otherwise utilitarian developments must not be over-looked any further.

Robot  # 1 | 11.03.2008 11:22

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