Privacy News Highlights
13—21 April 2006
Contents:
US – DHS Chief:
Single Biometric Identity Card for Multiple Uses Is The Goal
CA – Day Says No to ID Cards for Travel to U.S. –
Passports Will Suffice
CA – Sex Registry Plan Under Fire: Conservatives Aim For
Major Expansion
CA – Privacy Commissioner Rules Surveillance Videotapes
May Be Used In Litigation
CA – Retired Deloitte Partner: Adopt Stiffer Penalties
for Privacy Violations
CA – B.C. Information and Privacy Commissioner
Investigates Security Breach
CA – Alberta Crook Used Dumped Credit Data
CA – Choose ‘Yes’ On Census, Urges Group
US – Federal Government Seeks Input on How to Fix Credit
Reporting System
US – FTC Calls for International Anti-Spam Efforts
US – FTC Settles CAN-SPAM Charges Against Two Big
Spammers
US – AOL Blames “Glitch” for Blocking Some Critical
E-mail
US – County Web Sites Exposing Sensitive Data
WW – Encryption Still Underused In Financial
Transactions, Warns PwC
EU – Article 29 Working Party: Adopt Data Retention
Directive With Caution
EU – EU Watchdog Warns About Anti-Terror Rules
UK – Information Commissioner Issues Guidelines for Sale
of Customer Databases
US – More Phishing at Tax Time
UK – Survey: 81% Give Up Sensitive Info for Chance to Win
Easter Eggs
AU – Major ISPs Say No to Porn Filter Trial
CA – Watchdog: Canadian Money Laundering Laws Lax
UK – Information Commissioner Criticized for FOIA
Implementation
CA – Nymity Interview with Ken Anderson on PHIPA
AB – Health Records Legislation Updated To Reflect
Current Technology
US – Survey: HIPAA Compliance Behind Schedule For Some
Healthcare Companies
US – California Gov. Signs Bill to Track HIV Cases by
Patient Name
CA – Saskatchewan Government Laptop Containing Health
Data Stolen
US – Security Breach at New Jersey Medical and Dental
School
US – University of South Carolina Students’ SSNs
Accidentally Exposed
US – Judges Finds Wells Fargo Not Negligent in Data Theft
Case
US – Religious Groups Join Fight Against National IDs
UK – ID Database Will Become National Population Register
US – EFF Reports on “Unintended Consequences” of DMCA
US – DNA Samples From All Suspects Controversial
US – Sprint Nextel Unveils GPS-Enabled Cell Phones
US – Ponemon Institute Conducts Outsourcing Survey
US – Terrorists’ Web Chatter Shows Concern About Internet
Privacy
UK – UK Computer Misuse Act to be Updated
US – Librarians Win as U.S. Relents on Secrecy Law
US – Wisconsin Launches New Privacy Office
US – ChoicePoint’s Privacy Chief Takes Steps to Improve
Privacy Protections
US – Nuala O’Connor Kelly Appointed to Serve as New IAPP
Board Member
US – Portland Picks Company to Operate Free Wireless
Network
US – Cases Show Anti-Cyberstalking Laws Not Always
Effective
US – NIST Releases Guide to Computer Security Log
Management.
US – RFID Travel Cards Could Pose Privacy Threat
US – Tech Industry Attacks State Anti-RFID Laws
US – Wal-Mart Plans to Use New RFID Tags. RFID-Enabled
Forklifts
US – Privacy Controversy May Delay National Animal ID
System
UK – Theme Park to Start RFID Tagging Visitors
AU – Researchers Prove RFID Tags Vulnerable to Attacks
US – Data Protection: A Big Issue for Small Businesses
US – Study: Data Security Spending Rises
US – Survey: Many Companies Placing Stock in Promise of
Data Governance
EU – France Launches Electronic Passports
US – Medical Smart Cards Proposed For California Migrant
Workers
US – AT&T Seeks to Hide Documents Implicating
Collusion with NSA
US – Law Enforcement Wiretaps Vulnerable to Phreaking
KR – Korea Gov’t to Monitor Online Communities Monthly
US – Pennsylvania DA Offers Guidelines for School Bus
Taping
US – Mandatory ISP Data Retention: U.S. to follow E.U.
example?
AU – Private Data Is Up For Grabs
US – TSA Appoints New Privacy Chief
US – GAO: Feds Must Standardize Info-Sharing Policies
US – Time Running Out On Federal Data Breach Notification
Law
US – Privacy Advocates Oppose Employment Verification in
Federal Immigration Bill
US – Arizona House Approves Notification Bill
US – California’s Senate Public Safety Committee Hears ID
Theft, Phishing Bills
US – Maine Sale of Wireless Phone Records Now Outlawed
US – New York (Westchester County) Enacts ID Theft Law
US – Privacy Concerns Surround Use of Devices to Help
Keep Truckers Alert
Secretary
Michael Chertoff said the Homeland Security Department’s goal is to develop a
single biometric card that could allow people to use the same card to meet the
requirements of multiple access and security programs at border crossings. The
department is seeking to create an integrated system for a new program to serve
travelers who frequently cross the border and an existing trusted traveler
program for Canadians, Mexicans and truck drivers. [Source]
[Text of Chernoff
Remarks]
The
Conservative government said this week it has no plans to introduce a new
national identity card for citizens travelling to the
At
a time when a
The
Office of the Privacy Commissioner of
During
an upcoming review of PIPEDA, retired Deloitte partner Robert Parker said Canadian
governments should consider the adoption of tougher penalties for violations of
the law. Privacy Commissioner Jennifer Stoddart is posting information about
offenders on her Web site - but that is the only penalty, according to Parker. [Source]
A computer containing information about Fraser Health
Authority employees who sought counseling is missing from the
A crook used stolen credit card information to buy a
laptop computer after an
An
The FTC joined 29 other countries this week in calling
for increased cooperation between nations in combating spam. The FTC signed off
on a set of anti-spam recommendations by the OECD. Among the top OECD action
items are calls for government agencies such as the FTC to have the power to
take action against spammers located outside their jurisdiction and increased
information sharing between countries. The OECD also said there should be
greater cooperation in international efforts to reduce the incidence of
inaccurate information about holders of domain names. [Source] [Source]
Two
more large-scale spammers have settled charges with the FTC that they sent
commercial e-mails in violation of the CAN-SPAM
Act. According to the FTC, the firms sent millions of unwanted and unsolicited
e-mail while concealing the true identity of the sender. [Source]
America
Online apparently began blocking e-mail on its servers containing the Web
address of a petition against the company’s upcoming certified-mail program, an
issue the company called a “glitch.” An AOL spokesman said the issue arose
because of a software glitch that “affected dozens of Web links in messages,”
including the Dearaol.com. [Source]
Counties around the
22% of those who accept financial transactions do not
encrypt the data they receive to ensure its confidentiality and integrity,
according to PwC research. Fewer than one-third of smaller firms encrypt the
data they receive. [Source]
The EU’s Article 29 Working party has released a
two-page opinion that outlines some concerns about the recently approved Data
Retention Directive. The purpose of data retention, which will allow investigators
to identify certain details about calls and emails but not their content, is to
make relevant information available for the detection and prosecution of
crimes. Member states must retain the data for a minimum of six months but no
longer than two years. The WP warned in its opinion that member states must
implement the Directive with “measures curtailing the impact on privacy.” [Source] [Source]
[Opinion]
Peter
Hustinx, the EU’s data protection supervisor, used his annual report this week
to warn the 450 million citizens of EU countries that they better be aware that
the new EU data retention legislation was approved without adoption of proper
privacy safeguards. The law, which requires the retention of email and
cell-phone call data, and the plans to approve passports and visas with
biometric technology, could lead to privacy violations, Hustinx warned. Hustinx
said he was prepared to file complaints of any privacy rights violations with
the EU’s high court in
The UK Information Commissioner’s office has released
guidelines regarding the sale of customer databases following a business’s
closure. According to the guidelines, the data can be used only in the manner which
was indicated when the information was initially collected; if it is to be used
for other purposes, the new owners must obtain express consent from those whose
information is in the database. The guidelines also address the length of time
the data may be kept. [Source] [Source] [Source]
Phishing
incidents continue to escalate, according to the Anti-Phishing Working Group.
Record levels of phishing emails that seek to trick people into divulging
personal financial information were seen in January and February. Phishing
incidents in those months were sharply higher than at any time in 2005. This
tax season, the IRS has warned about the fake emails intended to trick people
into believing they originate from the federal agency. The phishers’ level of
sophistication is increasing with particular emails timed to coincide with
current events. Phishing experts also are seeing an increase in “crimeware,”
which cyber criminals install without a user’s knowledge to capture keystrokes
or redirect them to a Web site that looks like their intended destination - but
actually is a fake site to allow a hacker to gather personal information. [Source]
Organizers of the annual information security event
outside
Australia’s two largest ISPs, Telstra and Optus, have
rejected invitations to co-operate in the most extensive internet content
filtering experiment ever carried out in the country. The trial, to be launched
in
Gaps in Canadian laws that are supposed to combat
money laundering and terrorist financing must be filled - and fast, says a
federal watchdog.
The
Ken Anderson, Assistant Commissioner, Information and
Privacy Commissioner/Ontario, provides his perspective on the Personal Health
Information Protection Act including the impact of it being deemed
substantially similar to PIPEDA. He also discusses challenges for health
information custodians, the number of complaints received, how orders can
extend beyond health information custodians, cross-border transfers of personal
health information and the prospect of changes to privacy legislation in
Legislative
amendments under Bill 31, the Health
Information Amendment Act, will help address technical enhancements to
provincial electronic health records, coordinate the retention periods for
records held by professional bodies and clarify disclosure rules. “These
amendments aim to balance individual privacy with the protection of the public
and the public health system,” said Iris Evans, Minister of Health and
Wellness. Proposed amendments will:
§
allow information disclosure among governments and some third parties
for the purposes of paying for services and ensuring accountability;
§
allow discretionary disclosures for reasons of public safety and to
prevent or report public health system fraud; create consistency with the Health Professions Act;
§
allow Alberta Health and Wellness to better track drug trends;
§
facilitate greater use of the electronic health record by giving
pharmacists and doctors more complete patient drug histories; and
§
protect the privacy of Albertans by ensuring their health and other
personal information cannot be automatically disclosed in response to a
Phoenix
Health Systems and Healthcare Information and Management Systems Society found
in its most recent survey that 20% of healthcare companies are “unable or unwilling
to implement federal privacy requirements.” This week, another HIPAA deadline
hits that requires companies - with less than $5 million in revenue - to meet
security standards. The survey found that 55% of large healthcare providers and
72% of insurers met HIPAA’s security requirements, which took effect a year
ago. [Source]
Gov.
Arnold Schwarzenegger signed a bill Monday that will require epidemiologists
tracking the spread of HIV in
A
laptop containing personal health records for about 1,500 people in
A computer security breach at the
A database containing the Social Security numbers of
as many as 1,400
A US District Judge in
Critics of federal legislation to establish nationwide
identification standards are tapping into religious groups to galvanize
resistance to the statute. The authors of a
The
A
new report from the Electronic Frontier Foundation takes aim at the Digital Millennium Copyright Act, a
controversial law enacted seven years ago to protect intellectual property in
the digital age. “Unintended
Consequences: Seven Years Under the DMCA“ is a collection of well-known and
obscure stories about the misuses of the DMCA. [Source] [PDF Report:]
A bill pending in the Kansas Legislature would require
authorities to take DNA samples from all suspects arrested for felony crimes. The
DNA, taken with a swab of skin cells lining the mouth, would be entered into
the state’s DNA database used to identify suspects in unsolved crimes. State
Rep. Kasha Kelley,
Sprint
Family Locator, a GPS feature that allows parents to check up on their children’s
whereabouts, is the latest in location-based services that cell phone companies
are expected to offer in the next few years. Sprint Nextel’s service costs $10
a month and works on most of its current phones. To dispel the perception that “Big
Brother is watching,” the child will receive a text message each time their
phone is pinpointed. Location-based services have become more commonplace in
businesses. But the wireless companies have been careful to introduce the
technology to consumers because of privacy concerns. [Source]
[Commentary]
[Concerns over GPS
child tracking]
US – Ponemon Institute Conducts Outsourcing Survey
Larry
Ponemon has done a survey to gauge how much Americans are troubled by
outsourcing of data to foreign countries. While most people expressed concern
about outsourcing of medical records, those surveyed were less worried about
the transfer of financial information and other information overseas. One of
the survey’s notable findings was that
Postings
on jihadist Web sites indicate that terrorist groups are seeking advice about
spyware, Internet privacy and password protection. One forum posted a
terrorist-linked group’s how-to guide on remaining anonymous online. The advice
included a suggestion to use a software program that erases Web addresses or
other identifiable information. [Source] [Source]
The
After
fighting ferociously for months, federal prosecutors relented and agreed to
allow a
Gov.
Jim Doyle has opened a new state office, the Office of Privacy Protection, to
handle identity theft complaints. Staffed by four people, the office will help
state, local and federal authorities investigate identity theft crimes. The
state office also will help ID theft victims, lawmakers and businesses. [Source]
Carol
DiBattiste is the architect of a new system of checks and balances to prevent
another security breach at the company. DiBattiste heads an independent office
that reports to ChoicePoint’s board of directors’ privacy committee. Hired
shortly after the data broker’s infamous data breach became public in February
2005, DiBattiste is focused on tightening controls for customer credentialing,
alignment of privacy and security and introducing prevention measures to
insulate the data broker from security breaches. [Source]
April
18, 2006 – Nuala O’Connor Kelly, General Electric Company’s Chief Privacy
Leader and Senior Counsel, has been named to the International Association of
Privacy Professionals’ (IAPP) board of directors, the IAPP announced April 18.
[Source]
MetroFi
Inc. said it was selected by the city of
State
legislatures took notice around 1999 and began passing laws that make
cyberstalking a crime. Three months ago, President Bush signed federal
anti-cyberstalking legislation. But some cases make it clear that the problem
is not easily legislated away and show how devastating it can be to individuals
caught in its web. [Source]
NIST
has announced a new draft document, SP 800-92, Guide to Computer Security Log
Management. Many logs within an organization may contain records related to
computer security events. Organizations are facing larger quantities, volumes,
and varieties of computer security logs, and also need to address requirements
to analyze and retain certain logs to comply with Federal legislation and
regulations, including FISMA, HIPAA, the Sarbanes-Oxley Act of 2002, and the
Gramm-Leach-Bliley Act. As a result, many organizations have a greater need for
computer security log management--the process for generating, transmitting,
storing, analyzing, and disposing of computer security log data. Log management
assists in ensuring that computer security records are stored in sufficient
detail for an appropriate period of time. [Source] [Source]
Future government-issued travel documents may feature embedded
computer chips that can be read at a distance of up to 30 feet, a top Homeland
Security official said this week, creating what some fear would be a threat to
privacy. Jim Williams, director of the Department of Homeland Security’s
US-VISIT program, told a smart card conference that such tracking chips could
be inserted into the new generation of wallet-size identity cards used to ease travel
by Americans to
Political climate unfriendly to ID devices, backers
say: In at least a dozen states, the electronics industry has been waging a
battle against a rash of proposed laws aimed at limiting—and in some cases
outlawing--use of electronically readable chips in personal identification documents.
No states have enacted such laws yet, but bills have been up for debate in
Beginning
June 30, Wal-Mart will stop using Gen 1 tags on cases and pallets it receives
from suppliers, the company announced recently. The retailer plans to switch to
Gen 2 tags, which have shown improved read rates of products in motion. The
company also announced that it is launching a pilot testing of RFID-enabled
forklifts at six Sam’s Club locations. [Source]
Opposition to establish a National Animal
Identification System (NAIS) is complex, but appears centered on privacy issues
and the increased implementation costs, which could be borne by producers. The
objective of establishing a national animal ID program is to enhance the animal
disease surveillance and monitoring system and improve trace-back capabilities
should a reportable animal disease event occur. The proposed plan calls for
establishing a system that allows complete trace-back within 48 hours of a confirmed
reportable disease event. [Source]
[Source]
[Source]
[Source]
[Source]
[Source]
[Source]
[Source]
[Source]
Academic researchers in
We’re all aware of recent security breaches that
caused major banks to reissue thousands of customers’ debit and credit cards.
But we’re less aware of small business security breaches, and what we don’t
know can hurt us. Here are some chilling facts from the Small Business
Technical Institute:
* More
than half of all small businesses in the
* Almost
one-fifth of small businesses don’t use virus-scanning software for e-mail.
* More
than 60% don’t protect their wireless networks with encryption.
* Two-thirds
of small businesses don’t have an information security plan. [Source] [BBB Toolkit]
Growing incidents of data breaches have led to
companies to spend more on protecting their data. Nearly 40% of new security
spending by businesses in 2007 will be directed towards protecting data,
research firm Gartner said this week, indicating a shift from securing the
network to shielding information. Increasing incidents of data loss, the rising
costs associated with each incident, and the public disclosure that companies
have to make after a data breach have led to the change, said Gartner. “The
rate of data breaches has increased materially over the last two years,” said a
Gartner VP. “There’s more information out there than ever and there’s actual
financial value attached to that data, which has attracted the bad guys.” [Source]
A
recent survey conducted by data broker Experian’s QAS division for data quality
management finds that companies estimate that 6% of lost sales are the result
of poor management of customer data. Many organizations are unsure which versions
of their customer records are accurate and updated. A growing trend embraced by
IT and security executives is the adoption of data governance - a recipe for
managing information across an organization based on a set of business
processes and policies designed to ensure that data is handled accordingly and
by trained data handlers. IBM formed a data
governance council in 2004, which includes members from about 50 IT and
security experts who are IBM customers. [Source]
A
AT&T is seeking the return of technical documents
presented in a lawsuit that allegedly detail how the telecom giant helped the
government set up a massive internet wiretap operation in its
Graduate
students at the
The South Korean government plans to monitor the
nation’s online communities every month, to crack down on an increasing number
of personal information dealers within the virtual world. The Ministry of
Information and Communication on Sunday said the targets of the monthly
surveillance plan would be cyber cafes, and peer-to-peer (P2P) file-sharing
sites. [Source]
The use of microphones on school bus surveillance
cameras takes bus companies and schools into an “unsettled legal area,” but
does not violate the state’s wiretap laws, Allegheny County District Attorney
Stephen A. Zappala Jr. said last week. Zappala issued guidelines to school
districts on how to keep surveillance legal and called on lawmakers to amend
the law after state police raised questions about one bus company’s practice of
taping students’ actions and voices on buses. “I hope a public debate plays out
on this issue,” Zappala said during a news conference. [Source]
New requirements for ISPs to retain customer data are
being explored in the
The national telecommunications watchdog is yet to
protect a massive database containing personal information on every Australian
with a phone number. It is 2 1/2 years since the Australian Communications and
Media Authority first raised concerns about misuse of the data. An industry
standard to restrict business use of the Integrated Public Number Database was
expected to be in force by the second half of 2004, but it has been delayed. Instead
of releasing a final standard, as expected, ACMA will release a further draft
that will then be subject to further public consultation. [Source]
The
Transportation Security Administration (TSA) has announced the appointment of
Peter Pietra to serve as the agency’s director of privacy policy and
compliance. The Homeland Security Department said in a news release that Pietra’s
appointment, as well as increased staffing in TSA’s privacy office, demonstrates
the department’s commitment to privacy. Pietra most recently served as TSA’s
assistant chief counsel for information law. [Source]
More
than four years after the 2001 terrorist attacks, the federal government still
lacks processes and policies to improve how agencies share terrorism-related
and sensitive-but-unclassified (SBU) information, the Government Accountability
Office said today in a new report. “Until government wide policies and
processes on sharing are in place, the federal government will lack a
comprehensive road map to improve the exchange of critical information needed
to protect the homeland,” the report states. GAO found that the 26 agencies it
reviewed have 56 different SBU designations. No government wide rules, however,
determine how they are applied or how they differ. More than half of the 26
agencies reported they have problems sharing information, the report states.
The Homeland Security Department, for instance, told GAO that it had posted SBU
information for state and local partners to public Internet sites. [Source] [Report] [Report Highlights]
Congress
has yet to sort out the differences that are stalling the passage of a single
national standard that would make it easier for companies to comply with one
law rather than individual state laws. With the recent passage of bills in
Legislation
that would require all employers to use a system to screen job applicants
against federal databases to determine whether they are eligible to work in the
The
Arizona House has unanimously approved a bill (HB2484) that would require
companies to notify
California
Sen. Chuck Poochigian has introduced a package of bills designed to address ID
theft and phishing crimes. A bill to combat “High-Tech Phishing Scams,” passed
the committee unanimously yesterday. Noting that the 15% of all phishing scams
originate from
It’s now illegal in
A
device that tracks how often and how long truckers blink is intended to help
prevent crashes in cases of driver fatigue. But in cases of lawsuits and
employee discipline, drivers are asking questions about their privacy and who
controls the data the devices collect. [Source]
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