The notion of privacy and intimacy has changed significantly in recent years. This change is actually gradual and has been occurring for decades. Just consider the concept of "appropriate" in the context of expected female behavior in society throughout history, from the need to wear... chaperones ...and ladies-in-waiting, in the revolution caused by the miniskirt, and even in the standards still used in some cultures today to signal decorum and modesty.
The redefinition of privacy is relevant when considering the legal regulation of behaviors because rules must serve the interests of society. If future generations understand that brushing their teeth and sleeping on social media is commonplace, this fact will carry weight and must be taken into account when regulating conduct, otherwise there is a risk that rules will be created that do not reflect people's desires and expectations, and therefore, at the end of the day, will be empty rules.
The present and the different generations
Technology has advanced exponentially since forever, and the gap between the generation that creates the norms and the one that will potentially benefit from these norms has never been so evident. The legislators and regulators who are writing how people and companies should behave in the data society were, for the most part, born into a world that was still analog. This acclimatization they have had to undergo in recent times, although it has transported them to the present, which is the future of yesterday, has not instilled in their minds the meaning of being born and existing "from the beginning" in a connected world. This is not something that is learned; it is rather an intuition and a characteristic.
We remain trapped in patterns that may apply to our generation, but which certainly will not be replicated among those who succeed us. We are preoccupied with closing the curtains, but it is pointless to barricade the window if there are cameras inside the house transmitting everything that happens.
Digital literacy and the future of regulation.
To deal with this paradigm shift, it is important, first and foremost, that people receive education, digital literacy, and information about the consequences of their choices. Only then will they be able to act in an informed way, including accepting rules with which they do not intrinsically agree or adjusting them according to their real needs.
Beyond literacy, it is fundamental that the generation that legislates and regulates listens to the generation that is regulated, which will receive and reap the fruits of its labor. It is necessary, especially on points of disagreement, to engage in dialogue and compromise. The attitude of "I know what's best for you" has no place in times of digital constitutionalism, global regulation, and universal access to the connected world. If the idea is for the law to continue fulfilling its social function, and not become an empty protocol, then laws must make sense to those they intend to benefit.
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