Ethical and Privacy Implications of Biometric Data in Social Media Apps – A Fourth Amendment Perspective

Ethical and Privacy Implications of Biometric Data in Social Media Apps – A Fourth Amendment Perspective

Social media applications obtain a lot of data from users, some of which start from the registration phase. Biometric facial data has become common today such as with the availability of such features to unlock smartphones. The new free social media app requires the uploading of an individual’s photo to showcase their expected appearance in ten years, which is an inviting trait. The app also has drawbacks with the possession and sharing of users’ data, such as John Doe and Jane Doe’s positions. This then begs the question of whether it is ethical to use the app or not due to the significance of the Fourth Amendment in this case.

The Fourth Amendment protects citizens’ privacy against government violations through searches and seizures (Tokson, 2020). Jane Doe stipulated that the app shares facial data with a security firm that helps the government detect terrorists at airports, which might infringe on the Fourth Amendment. Tokson (2020) stipulates that real-time use of facial recognition technology in one instance does not count as a government search and, therefore, does not infringe upon the Fourth Amendment. However, the use in several airports would be considered a search, infringing upon the Fourth Amendment. This leads to an ethical conundrum.

I would use this app for several reasons. First, for recreational activities, I would use the app for its purpose of portraying an older version of myself. Recreation tends to be fun and yields pleasure for me. Second, from a utilitarian perspective, with my data, I would be helping the government protect everybody from terrorists, and safety leads to happiness. Security would create the greatest happiness for the majority. Therefore, a utilitarian would say it is right to use the app despite their retention of personal data. Social contract theory dictates that an action is considered moral when it aligns with societal rules and standards (Rachels & Rachels, 2019). Consistently, social contract theorists would say it is right to use the app as a safe society that falls under society’s standards of security from terrorists. This position would then outweigh the Fourth Amendment, which protects citizens’ privacy.

References

Rachels, S., & Rachels, J. (2019). The Elements of Moral Philosophy (9th ed.). McGraw-Hill Education.

Tokson, M. (2020). The Emerging Principles of Fourth Amendment Privacy. THE GEORGE WASHINGTON LAW REVIEW, 88(1). https://www.gwlr.org/wp-content/uploads/2020/05/88-Geo.-Wash.-L.-Rev.-

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A new social media app is offering itself to you for free. If you upload a picture to it, the app will show how you will look in 10 years. John Doe, a friend of yours, says not to use the app as it will then possess your biometric facial data. Jane Doe, another friend of yours, says that she heard the app shares facial data with a security firm that helps the government detect terrorists at airports. Should you use this app?

Ethical and Privacy Implications of Biometric Data in Social Media Apps – A Fourth Amendment Perspective

Why or why not? If John Doe is right, would a utilitarian say it is right to use the app? Why or why not? If Jane Doe is right, would social contract theorists say it is right to use the app? Consider the role the Fourth Amendment plays here.