Quote:
Originally Posted by Togira Ikonaka
Disclosing actual real-life personal details is somewhat different to them allowing access to what you've dedicated in your HoM. They haven't disclosed anything which could be used to link and account to a person at all, all it does is link some of the contents of an account to the name of the account, information which can, in some cases, be obtained just by seeing the character ingame. If you've ever had your Mini Panda out on display ingame isn't that consent for Arenanet to release the information on their servers? After all they've already shown your Panda to a whole load of people ingame.
Please do, assuming you have legal training or actual expertise. It's something which greatly interests me.
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Well, I could quote myself again as you see the majority does not see this as much of an issue at all. It is REALLY hard to argue convincingly on the right to privacy and why it is an important right.
The main reason is that 'right to privacy' is a very vague or intangible concept. (I don't know if this makes sense, not an english native speaker.) While everyone will agree that it IS an important right, you will rarely find two people who agree on what it specifically entails and its limits.
As a starting point we can confirm that it is an important right and that any breach requires a reason. Not only that but the benefits of this reason must outweigh the downsides of violating the right to privacy. It is in most cases a conflict of interests. As such 'right to privacy' is a fluid concept and often hard to authoritatively ascertain. (the fact that it often involves international and interlegal law does not help ease the process)
Now for "our case" we will have to assume that at least some people might have an interest in keeping their HoM data private. While the majority might not feel this way we can probably agree that some people might, or more importantly that some people might come to this conclusion in the future. It is at this point unclear what(if any) consequences there will be to this information being publicly available. Things like HoM "discrimination" might come up, or there might be more serious issues - who knows. This is part of the reason it's hard to argue the case of right to privacy, it is often hard to predict possible development and potential problems. (Think of social media, Facebook etc, many people have put up very private information often without realising possible consequences. Many of them were hard to foresee and more will probably arise in the future.)
It is true that the data per se does not directly link to a specific individual, but also cases where the individual might be indirectly identified are included. I am also in doubt as to whether the in-game persona can be said to represent the individual or not. Like when you interact in game are people playing with "you" or are they playing with your avatar? I'm inclined to go with the first option. Regardless there is no doubt when it comes to applying privacy law(norwegian law in my case, which is similar to most of european law), the data ARE linked through your in-game nickname to an actual person.
I must admit I have not read "the small print" when I bought my account but apart from that I have not given my consent to make public information related to my account. You bring up as an example that someone who displays a title or a panda in game might be said to have given consent. Well yes, sort of - but even if you make some information public to a limited group of people it does not follow that you would want that information spread to a much wider group of people. For many privacy issues it is the "widespreadedness" that causes the most problems. (Relate to paparazzi photos of celebrities, it's when stuff ends up on the internet the problems arise.) Keep in mind that the entire HoM has been made public. The fact that consent is missing is probably the most serious part of this issue, for some it might seem as a flaw in integrity on Anet's part. Consent is the prime justification for publication, but it is not the only one. I will not comment on other justifications for publication in great detail but there are three types: consent, established in law or it is considered necessary for specific tasks. The key word being necessary.
As to the conflict of interest in this case we have some people voicing concern about having their account data made public weighed against (probably) an easy way of implementing the HoM calculator. The alternative would be (I guess) to require login and password. Do the benefits outweigh the downsides? Could there be other downsides or benefits I have not mentioned?
This is probably too much of a wall of text and people will flame me for being "paranoid". I'm not too fussed about the issue personally but I can see potential problems which is why I chimed in. And you asked me to get into more detail.