  Biosensed information represents an emerging class of data with the potential
for massive, systematic, and remote or casual collection of personal
information about people. Biosensors capture physiological signals in addition
to kinesthetic data to draw intimate inferences about individuals' mental
states. The proliferation of sensors makes detection, interpretation, and
inference of these previously subtle - or otherwise invisible - emotional and
physiological signals possible from proximate and remote locations. These
sensors pose unprecedented challenges to individual privacy in public through
remote, precise, and passively collected data. This paper examines the unique
nature and inferential potential of biosensed data by creating a taxonomy of
signals that may be collected remotely, via casual contact, or from traces left
behind, and considers how these data may be collected and used to create novel
privacy concerns - particularly in public. Since biosignals may often be
deduced from visual data, this paper uses historic and recent photography cases
to explore how social norms evolved in response to remote collection in public.
A contextual integrity privacy heuristic is then used to probe the need for new
norms and remedies specifically for biosensing privacy threats. This analysis
examines the extensibility of relevant legal frameworks in the European Union
(EU) and United States (US) as a privacy remedy, and conclude with a brief
outline of possible legal or social remedies that may address privacy needs in
public with biosensing technologies.
