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The Art of
Privacy
Contents
Introduction
1
Conclusion
29
Bibliography
31
1
Introduction
privacy presented in the digital self-image of the online platform and the
conceptions of privacy that Mattes so effortlessly put aside.
Life Sharing is first and foremost built on the understanding that a
removal of the division between a public and private sphere exists in the
denouncement of a concept of privacy. Writers such as Hannah Arendt
explain that the private is that which lies in the absence of others,14
something which is closed off from the multitude. This at its very root is
placed within a unit considered singular though not always individual,
either in creating the isolated state where the private man does not
appear, and therefore it is as though he did not exist;15 or in the the
forming of a deprived state where he exits in a lesser relation to others.
An isolated state or solitude, can go towards expressing a perfect
private sphere16. Where the public is understood as seen and heard by
everybody and has the widest possible publicity17, prefect privacy depicts
a state completely void of this. This perception is only possible in the
knowledge of a reality beyond the self, as without an understanding of an
outside both public and private blur into non-existence. It is that life
requires the existence of both public and private spheres18 regardless of
a public space containing other people directly. This is seen in the Mattes
hard-drive, a device by which the only way to conduct a perfect private
sphere is to destroy it. No longer obtainable, the digital self-image can not
be thought of as public or private as without connection to its external
digital reality it cannot be beyond itself. The digital self-image contained
within the device therefore exists as part of Mattes private sphere, not
because it is without relation to the other, but because it is in relation to
an outside granting it the potentiality to not be absent of the other. Private
has become public because it has connected to the outside that defined it.
Even if the work is never seen, the work is still public, the outside that
Books, 2009)
33 Jeremy Rifkin. The Age of Access. 101
34 Paul M. Schwartz. Internet Privacy and the State (32 Conn. L. Rev
818). Berkley Law Scholarship Repository. Published 01/01/1999.
Accessed 14/04/2016. 820
35 Alan F. Westin. Social and Political Dimensions of Privacy Journal of
Social Issues. Vol 59 No 2. (Wiley, 2003) 3
36 Ruth Gavison. The Yale Law Journal. Vol 89 No 3. 427
11
the digital self-image that is designed to keep private our digital self-
image and the actions of privacy even from ourselves.
If therefore we place a concept of privacy in the responsibility of a
private-other as a digital requirement, what Deleuze saw as the passive
dangers of computers come to be of far larger importance to the concept
of privacy. The systems designed to maintain a constant handling of the
divide, have a potentiality to go from one to the other without human
interaction or analogue self-responsibility. We place a digitally-based trust
that the system will conduct the handling of the divide for us, with only
superficial guarantee. Theorist Charles Fried makes the case that, one
does not trust machines or animals; one takes the fullest economically
feasible precautions against their going wrong45. In looking to third
parties, our digital self-image invests rather than trusts a system on the
bases that it may economically achieve privacy closer resembling isolation
over deprivation. Yet Fried also states that there can be no trust where
there is no possibility of error46. These systems of storage exploited in
The Others therefore greatly require a consideration of trust both in
marketing and accounting for fault. What is formed is a concept of privacy
that evokes the right to betrayal, that privacy might grant the falsehoods
and fantasies of potentiality and consider the digital just as capable of the
errors of the human.
Eva & Franco Mattes produce a statement so clearly throwing out the
window a concept of privacy that appears both in the ability to access and
the ability to control a digital self-image across a complex divide of private
and public. The digital platform their work details demonstrates a
treatment of a concept of privacy that appears taken from us, yet in fact it
is simply the exploitation of a betrayal we had previously accepted as the
way of a digital world. We now require a reliance on others who see us
better than we see ourselves, others who conceptualize a privacy possibly
no longer ours. It was never that the concept was stupid for Mattes, but
that so few where clever enough to see it coming.
45 Charles Fried. Privacy. The Yale Law Journal. Vol 77 No3. (The Yale
Law Journal Company, 1968) 486
46 Charles Fried. The Yale Law Journal. Vol 77 No3. 486
14
The idea the self-image may come to be no-longer ours is not just old
but artistically methodical. Its been incredible common within
contemporary art to find the gallery walls lined with advertiser imagery,
found object and mass reproduction; taking someone and making them
something else. With the boom in digital production, everyone has gone
mad with the idea: putting beach photos on mountain scenes, swapping
faces with one another or sharing the statues of someone youve never
met. More and more we find the digital self images of other people being
used by artists and anybodies, suddenly the embrace of your husband on
the dockside is the uniform fantasy to laugh about with friends. These
scenarios get considered that actions of an oversharing society47. Where
the analogue figure behind the digital self-image is no longer always the
sharer, where a dockside embrace with his husband may be shared with
the right to do with my body what I wish, and the right to control when
and by whom my body is experienced68. The concealment of the face is
considered an action of privacy that formulates a private that the
presentation of the detached body does not. Much like the sexualized
image69, the removal of the head objectifies the image and defends the
individual an increased level of anonymity regardless of the presence of
the self-image.
The idea of anonymity is seen by Charles Sykes as our need to cover
and hide ourselves an act that not only defines our sense of self, but
create the boundaries that separate public and private70. By choosing to
display the body using the webcam, it would appear the subjects dont
hide in anonymity however, they cover what is considered most
identifiable. The subjects are able to be painted by Hempton with far less
ramification because they pose far less obtainable information of the self
image than the profile pictures of Depoorter. In Tinder In, Depoorter later
found himself backing down and choosing to blur the faces of those
included in the series71. The presentation of their bodies for the purposes
of art was consider less an issue of privacy because it was less identifiable
in the public space. It builds into what Brey considers in that many
people who willingly show their face in a public place would not willingly
participate in lineup at a police station72. The face therefore becomes
considered far more valuable than the presence of the body when
considering the concept of privacy surrounding the self-image, something
investment in facial recognition and file upon file of head-shot
documentation has demonstrated. This anonymity through presence takes
privacy in the relatively generic identity of the body, re-imposed by the
desire of the self for markings and tattoos. Equally this generic anonymity
spreads to what Domenico Quaranta see in "our faces and bodies
reproduced by a webcam are not the face and body of our identity on the
Net, merely part of the data comprising it73. Therefore the fractured,
framed and objective presence of the body rather than the identity of the
face presents a concept of privacy in the anonymity formed through
control over self-presentation74.
Hempton herself however must also feel some attachment to the
identifiable nature of her subjects. In producing the paintings, Hempton
uses large strokes, blocks of color and minimal detailing to produce figures
blurred and somewhat featureless. The webcam though capable of poor
quality in its digital presence75, is designed to reproduce a digital image
almost as clear as the copies used in Depoorters work yet, Hempton
chooses not to recreate this. Her recontextualization adds a level of
anonymity, most noticeable upon the subjects that position there face
before the camera. This action begs a similar question to that posed by
Ruth Gavison in that the question is not whether we should edit, but how
and by whom the editing should be done76. In recontextualizing for the
far more public gallery setting of her work, she responds by respecting a
sense of intimacy and privacy surround her personal private experience
with the subject77. Though the chatroom is a public platform just as seen
with the apps of Depoorter, the one-to-one experience is kept between
the artist and the subject.
In a sense her paintings increase a sense of privacy higher than that
offered as offered by the subjects self-representation. Everything of their
representational identity is understood as available information to the
other, the subject even grants permission for their identity to be
recontextualized as it is, yet she still raises privacy. In doing so she goes
against the principle that individuals have the right to determine on their
own what the good is and to pursue it in their own way78. Gavison in
asking this question would not presume Hemptons actions. She asserts
there should be a presumption in favour of the individual concerned79,
that the privacy should be the place of the subject to increase not the
artist. Nevertheless, Nissenbaum points out that while self-presentation is
an important reason for supporting subjects control over personal
information, there are important contexts in which, because it may hinder
the attainment of goals, purposes, and values, it must give way to
alternative principles of information transmission80. Theoretically a
subject may have their privacy increased or decreased in light of someone
elses intention. A parent for example would have the right to impose a
greater amount of privacy upon there small child so as to protect them
from harm or equally invade their private items so as to ensure they are
safe. Hemptons goal is not to identify the webcam subjects, in fact it
would not depict the concept within the artistic context that she wants to,
hence increasing the subjects privacy is to her benefit.
Both Hempton and Depoorter end up depicting their work with equitable
levels of privacy. Where Hempton increases a privacy through blurring the
images of people happy to depict themselves in perfect clarity; Depoorter
reduces a privacy through combination breaching a societies impression
of privacy, their blurred identities no longer pose violation. The concept of
privacy can therefore lie with the recontextualizer; the artist is responsible
for the treatment of the self-image of the other. Though the concept can
be seen to always lead back to a subject or individual self, in a digital or
analogue setting a concept of privacy can just as much be the
requirement of someone else. Equally the analogue self does not
necessarily formulate the optimum concept in all situations a concept can
be applied too. What is present is that the concept of privacy in fact may
rely less on the individuals own autonomous handling of a digital self-
Gavison insists the ability to watch and listen, however, is not in itself
an indication of physical access88, that the actions of the camera can only
be associated to the principle of attention. However, this physicality is
only in referent to an understanding of solitude89 as a physically tangible
and human experience. As we understood earlier though, solitude is a
total situation that requires understanding of no outside referent to exit
completely without potentiality. The camera as a physical object can
access and move in relation to that access it achieves physically either
through human prosthesis, as Gavisons human relation accepts, or as I
posit, a non-human physical access through human potentiality and
interaction. Giblett even describes that the camera is a device for
shortening the distance between a photographer and his/her object90,
which within Giblett-Trifonova thinking, could be seen as the physical
access of the lens because of its own potentiality for positioning and
movement. Writers Kevin Robins & Frank Webster consider this
phenomenon in earlier writing, considering the camera one of a few
distance-shrinking technologies91. They explain that these new vision
technologies seem to make distance meaningless,92 impacting the object
and the conceptions of privacy such that, devices in there physicality can
produce the same impacts expected of being close in body at previously
accepted distances.
This places cameras such as closed-circuit television (CCTV) surveillance
in an interesting position, in that the physical presence of the device on
the wall, could be seen as a physical access intrusion to public levels of
privacy. The Faceless Project (2002-2008) by Manu Luksch, which
camera, the human imbalances of intention still act upon the self image.
What we see is Brins self-confessed realization that if two sides have
equivalent information, there will still be inequality in their ability to act
upon the data.102 If anything the physicality of the camera can appear to
demonstrate a conception of privacy that acts so as to address power and
more precisely power thats imbalanced103.
Power however can also be wielded behind more traditional forms of
camera with human prosthesis, such as is seen in the physical impact of
the journalistic methods of self-image collection. Taking a concept of
privacy from a camera physicality moves the invasive quality away from
the photographers distance from a subject onto the amount removed by
the camera itself. Dougie Wallace in his photographic project Harrodsburg,
produces journalistic snap shots of the wealthy and affluent non-resident
shoppers. The camera here is very much directed by the actions of
Wallace, Thought in part by Judith J. Thomas as an acceptable act. She
explains it seems to me that if you do go out in public, you waive your
right to not be photographed and looked at. But of course you, like the
rest of us, have the right to be free of annoyance in public places104 There
is a mild contradiction here that positions itself within the disjuncture
between the cameras physical presence and the human eye. To be free of
annoyance is to associate with the closeness and intention of the human
prosthesis of the camera, an action in using the physicality as a tool but
not inherent in it. The device itself stands to represent the public position
as photographable subject potentially captured by the cameras eye, even
if not yet a representational image. This would appear to suggest that
even in the tool between person and object, the cameras physical position
infiltrates a concept of privacy only becoming issuable in the intention of
the human prosthesis allowing it to move.
Interestingly, Wallaces intention for the camera highlighting the
inequality and anonymity the vast wealth closely links to a conception of
110 Manu Luksch. I wish to apply, under the Data Protection Act, for any
and all CCTV images of my person held within your system. I was present
at [place] from approximately [time] onwards on [date]. The FACELESS
Project. Inkjet Prints in Wood Light Boxes. 150x37cm. (2006)
111 Bernard E. Harcourt. Exposed: Desire and Disobedience in the Digital
Age. (Cambridge, MA: Harvard University Press, 2015) 20
112 Hank Prunckun. Counterintelligence Theory and Practice. (Maryland,
USA: Rowman & Littlefield Publishers Inc., 2012) 108
32
Conclusion
Privacy in its most basic sense can be attached to the public and private
divide that the analogue figures digital self-image navigates. Where the
concepts of privacy become complex is in our modern societies indistinct
placement of this divide. Public spaces under private surveillance, digital
networks as new age public realms, the divide is no longer certain, clear
and applicable. Our everyday functions see us abandoning the negotiation
ourselves, leaving the digital self-image to the protections of private-
others that now hold us ransom against ourselves.
Where this divide is seen as a concept of access to the digital self-
image, such as is theorised by Ruth Gavison and Jeffery Reiman, we see a
weakness we now accept. We face being undermined either by others
active intentions or by passive fault of the system at hand. Online storage,
social media and bank records now exist as part of a network where we
create our digital self-images in nothing more than access. Where the
control of a concept of privacy seen by Paul Schwartz and Alan Westin
used to sit with the private self, its now out of reach, capable of locking
us out from our own depiction or preventing us from being left alone in
constant connection and secret data. The control that artists Eva and
Franco Mattes where able to produce within their knowledge of the digital
platform, acquired through experimentation, has been lost to the Web 2.0
era of digital corporations. Building upon systems where the economic
capability can out-weigh the intentions of an analogue self and their
privacy, the everyday now stands a point dependent on a system with
pre-made models and systems with strict foundation. This one-sided
system is not designed to allow us to think about the concept of privacy in
private terms. The digital self-image started off in a reality of free-
software, where now it sits as an access of users to a virtual designed
position with less privacy.
As we accept this, we turn to the digital self-images of others to create
ourselves, utilizing an interconnected world to share and distribute. Where
we do this we become the controllers of a concept of privacy for other
people, we become the private-other. This moment of control in mutual
understanding that anyone can be anyone, we see a right to treat others
34
images as we would treat our own, a digital reality that sees itself so far
removed from its analogue counterparts forming a great divide in this
treatment. As Celia Hempton and Dries Depoorter showed us, the good
and the bad of anothers respect for the digital self-image forms very
different results. As a society, are we so addicted to the world of gossip,
betrayal and unveiling of a digital self-image as entertainment and
expectation, that a concept of privacy could never be considered a publics
responsibility? False-appearances form as a concept of privacy for defense
in this society we are addicted too. But this defense disregards those who
choose to be a true-self in the digital self-image, that those behind aliases
and avatars can be in the world shielded from a public invasion of their
privacy yet still be perfectly true in the eyes of a private-other.
What this constant movement and falsehood of the digital self-image
does produce is a relevance of context for a concept of privacy. Where
Helen Nissenbaum formulates a concept of contextual integrity in light of
Charles Fried, we begin to see a complexity of privacy understood as
many elements. Where this multidirectional consideration is found in what
the information is, who it is for, where it is communicated and how, we
start to understand that a concept of privacy need be broken down in far
closer relation to its scenario of application. Where technology is now able
to act without human interaction, we are producing ourselves in referent
to a possibility, having our conceptions challenged by the potentiality of
an image. Where technology to continue to a point of total self-
dependence, how do we design privacy for cameras, scanners and digital
self-images for a complexity we dont even see ourselves?
We find ourselves loosing a battle to maintain a conception of privacy
that we thought we always had yet, might have already lost in light of
cleaver thinkers, digital changers and non-human eyes. These people may
be artists, they maybe programmers or governments. Whichever they are,
they show us privacy is an art, and if we want it to understand its
complexity, then we better get to work.
35
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