Busting the 'Nothing to Hide' Argument

We've all heard the argument before: "Why should you worry about the government looking into your personal records if you have nothing to hide?" Daniel J. Solove, an associate professor of law at The George Washington University Law School, analyzes that argument in a recently published paper titled "I've Got Nothing to Hide and Other Misunderstandings of Privacy."

Solove argues that "the question assumes faulty assumptions about privacy and its value." Those who make the "nothing to hide" argument fail to understand the chilling effect that surveillance has on public discourse, the fact that small bits of private data (which an individual may not object to being uncovered) when put together form a larger and more intimate profile (which an individual may object to), and the mistake of having one's profile mistakenly associated with a group that is labeled as threatening.

Here's an excerpt from the paper, which was published in the latest issue of the San Diego Law Review:

[T]he problem with the “nothing to hide” argument is that it focuses on just one or two particular kinds of privacy problems â€" the disclosure of personal information or surveillance â€" and not others. It assumes a particular view about what privacy entails, and it sets the terms for debate in a manner that is often unproductive.

It is important to distinguish here between two ways of justifying a program such as the NSA surveillance and data mining program. First is to not recognize a problem. This is how the “nothing to hide” argument works. It denies even the existence of a problem. The second manner of justifying such a program is to acknowledge the problems but contend that the benefits of the NSA program outweigh the privacy harms. The first justification influences the second, for the low value given to privacy is based upon a narrow view of the problem.

The key misunderstanding is that the “nothing to hide” argument views privacy in a particular way â€" as a form of secrecy, as the right to hide things. But there are many other types of harm involved beyond exposing one’s secrets to the government.