Privacy News Highlights
14—24 July 2006
Contents:
CA – Passport
Database to Use Facial Imaging to Catch Terrorists
CA – OPC Publishes PIPEDA Review Discussion Document
CA – OPC Awards $388,319 for Research on Privacy Issues
CA – Nova Scotia Re-Enacts PATRIOT ACT Legislation
CA – Some Passport Exemptions Likely: U.S. Homeland
Security Boss
CA – New Software in Use to Create Reports About
Government Employees
US – Opinion: Less is More When it Comes to Collecting
Customer Data
US – CDT, CAP Issue Report on Consumer Privacy and
Protection
UK – U.K. Government Looks at Strengthening Anti-Spam Law
CA – OPC Releases Fact Sheet: The Risks of Metadata
UK – Doctors Attack NHS IT System: Patient
Confidentiality at Risk
UK – Department of Health Minister Announces Taskforce
for Electronic Records
US – New Program Promotes Design of Innovative Personal
Health Record Systems
UK – Information Commissioner Issues Annual Report
US – Ponemon Survey: Will Privacy Concerns Thwart
Personalization Efforts?
WW – CDT Launches Technology Policy Blog
WW – Austria Joins Privacy International’s SWIFT campaign
US – Congress Investigates Financial Surveillance Program
UK – British Banks Get Power to Investigate, Cancel Cards
Used for Net Child Porn
US – US Wants Passenger Info Before Overseas Departures
UK – Police DNA Database ‘Is Spiralling Out of Control’
AU – Unsecured E-Mail Sparks Dispute Among Australian
Doctors
US – Public Computer May Have Exposed More than 100,000
Private Records
US – Northwestern Notifies Affected Students and Applicants
of Data Security Breach
UK – British ID Card Plan Stalls
NZ – New Zealand Examines Voluntary ID System
CA – Identity in a Dangerous Time: Why Canadians Need a
National Identity Card
EU – Dutch Court Rules for Protecting File-Sharers’
Identities
WW – Study: Americans Trust Canada With Their Personal
Data
WW – Congressional Hearing Focuses on Problems of Social
Networking Sites
US – Illinois Callers Take Advantage of ID Theft Hotline
UK – UK Group Seeks To Model U.S. ID Theft Center
AU – Australian Parliament Considers DNC Bill
US – U.S. Regulators: Banks Need ID Theft Prevention
Program
US – Homeland Security Names New Permanent Chief Privacy
Officer
US – Electronic Voting Machines Under Legal Attack
US – RFID Technology Captures Attention In U.S., U.K.
US – Report Recommends Stronger Measures to Improve RFID
Data Security At DHS
WW – HP Introduces Tiny Radio Chips Capable of Large Data
Storage
US – RFID Records to be Implanted in 280 Patients
WW – Microsoft Shutters Windows Private Folders
WW – Security Vendor: Hackers Striking Databases in
Record Numbers
CA – Survey: Companies Tell Employees to Leave Devices At
Home
CA – Fears as Canadian ISP spies on its customers
AU – Australia Smartcard Gurus Appointed
US – GSA to Seek Smart Card for Social Security
CA – Hidden Cameras Discovered at Toronto Police
Association Headquarters
US – Privacy Lawsuit Against Alleged AT&T / NSA
Collaboration Receives Green Light
US – Groups Appeals Government Eavesdropping Ruling
US – Bush Blocked Internal Probe of Domestic-Surveillance
Program
CA – Toronto Wifi Set to Launch in September
US – Court Rules that Californians’ Calls Can’t be
Secretly Recorded
US – Veterans Affairs Faulted in Data Theft
US – Bush Administration Withdraws Free Credit Monitoring
for Veterans
US – White House Sets Deadline for Data Encryption
US – OMB: Data Security Incidents Must Be Reported Within
One Hour
US – Lawmakers Agree on Internet Database of Sex
Offenders
US – Groups Oppose Vote on Weak Data Breach Bill
CA – Study Examines Efficacy of Privacy Protection
Policies, Monitoring Techniques
US – Study: More Workers Fired for Misuse of Email
A high-tech system to prevent terrorists and other
criminals from obtaining passports will eventually contain the photographs of
about 21 million Canadians, according to newly available documents. Passport
The Office of the Privacy Commissioner (OPC) has
published a discussion document entitled “Protecting
Privacy in an Intrusive World“ that describes several issues they identified
as warranting consideration in the upcoming PIPEDA review. The OPC welcomes
input and comment by September 7, 2006, in order to develop its submission to
Parliament during the formal review of PIPEDA. The document discusses the
following issues: Commissioner’s Powers; Consent (varia); Disclosure of
Personal Information before Transfer of Businesses; Work Product; Duty to
Notify; Transborder Flows of Personal Information; and
Sharing
Information with Other Data Protection Authorities. (Source)
The OPC announced that 11 organizations will be
awarded a total of $388,319 for research into emerging privacy issues, including:
surveillance technologies; privacy policies aimed at children; the use of DNA
by law enforcement; the certification of privacy professionals; digital rights
management technology; health privacy; and the de-identification of personal
information. This is the largest amount of funding that has been awarded to
researchers in the Program’s history and twice as many institutions are being
funded in comparison with last year. [Source] [Backgrounder]
After dying on the Order Paper with the announcement
of a June election, the Government of Nova Scotia has re-enacted the Personal
Information International Disclosure Protection Act. The bill received
second reading on July 6; was considered by Committee on July 10-11; and passed
by the Committee of the Whole House on July 13, 2006. [Full
text of legislation] [Text
of second reading debate]
The U.S. Secretary of Homeland Security said while in
A new business intelligence system that is compiling
reports on government employees’ salary information, retirement eligibility and
other personal data, may create privacy risks for workers, according to a
privacy impact assessment summary done by the Treasury Board of Canada
Secretariat. The OPC also conducted a review of the software, but a spokeswoman
declined to comment publicly on what feedback it provided to the Treasury
Board. [Source]
Larry Ponemon, president of the Ponemon Institute,
explores the perils businesses face by collecting too much information. He said
that “most American companies still collect too much personal information from
their customers without giving them a choice on how this data is used, shared,
sold or retained.” A new study by the Ponemon Institute found that just more
than half of large U.S.-based companies offer their customers the choice to
opt-out. The study also found that 23% of these companies offer a consent or
opt-in approach. This piece concludes with steps companies should take to
foster trust with customers with the use of reliable privacy and security
safeguards. [Source]
[See also: Privacy
and security of customer data needs attention]
The Center for Democracy and technology (CDT) Joined
with the Center for American Progress (CAP) to release a new report about
online privacy and consumer protection. “Protecting Consumers
Online: Key Issues in Preventing Internet Privacy Intrusions, Fraud and Abuse,”
identifies measures essential to safeguarding consumer privacy in the digital
age. The report was issued in conjunction with an event to frame upcoming FTC
hearings on consumer protection. [Consumer Privacy Report]
The
Extract: “Over the past several years, there have been
a number of incidents in which “document metadata” has caused professional and political
embarrassment. The metadata reveals, sometimes to the contrary of public
assertions, how, when and by whom a document was created and into whose hands
it travelled. In this fact sheet, we look at the risks associated with metadata
and we offer some suggestions on how you can minimize those risks.” [Source]
Doctors have spoken out against the controversial
£12.4bn NHS IT system that is over budget and behind schedule, claiming that
patient confidentiality is being put at risk by the system. Writing in the
British Medical Journal, a series of doctors have said that it is unwise to put
the medical records of the entire population on one computer. The news comes
just days after an investigation by the Parliament’s Public Accounts Committee
(PAC) painted a picture of a project in crisis. [Source]
The aim of the Taskforce is to aid the introduction of
the first phase of the NHS Care Records Service by addressing outstanding
issues and concerns of patients and the clinical profession about the creation
of the summary care record. In conjunction with NHS Connecting for Health, it
will draw up an agreed plan for the implementation of the nationally available
summary record. At the end of November it will report to Ministers. [Source]
[First Set of
Certified E-Health Records Available]
The Robert Wood Johnson Foundation (RWJF) has
announced Project HealthDesign: Rethinking the Power and Potential of Personal
Health Records, a new $3.5 million national program to stimulate innovations in
personal health information technology. Project HealthDesign encourages health
and technology pioneers to imagine a next generation of personal health record
(PHR) systems that would empower patients to better manage their health and
health care. The Call for
Proposals (CFP) invites applicants to create consumer-focused personal
health applications and test prototypes with target populations. Details at: www.projecthealthdesign.org .
Richard Thomas stressed in his annual report that
government initiatives that involve sharing information have clear benefits,
but public trust and confidence are key ingredients for success. Thomas said he
does “not want data protection to be wrongly blamed for preventing sensible
information sharing.” Citizens also must be informed about how the government
is using their information and given choice, when feasible. [Source]
A recent Ponemon Institute survey examined the
relationship between consumers’ privacy preferences and their attitudes about
the personalization of Internet content. The findings provide evidence that
personalization is not viewed as a diminishment of privacy. In fact, it appears
that people who care the most about privacy see real value in receiving content
that is tailored to their interests and purchasing preferences. Some results:
·
8% of Americans are privacy-centric. Daily events that reduce confidence
in their sense of privacy or the safety of their sensitive personal information
will have a significant impact on their actions.
·
72% of Americans are privacy-sensitive. Privacy is important to them,
but they will not change their behaviors or information-sharing practices.
·
About 20% of Americans are privacy-complacent. They really don’t care
very much about the sharing or selling of their most sensitive personal
information, such as Social Security numbers. [Source]
CDT has launched PolicyBeta, a new blog dedicated to
expanding the dialogue about technology policy, civil liberties and preserving democratic
values in the digital age. PolicyBeta will feature regular posts on issues
ranging from domestic surveillance to spyware, and will provide CDT experts an
opportunity to discuss in detail the latest trends and developments affecting
the technology policy debate. CDT is encouraging journalists, technologists,
academics and interested individuals to visit the blog regularly and
participate in the discussion. [PolicyBeta]
[Press Release]
The international financial surveillance programme run
by the
The Bush administration failed to adequately inform
Congress of the recently revealed secret banking surveillance program by
briefing only a handful of members, according to the chairwoman of the
Subcommittee on Oversight and Investigations of the House Committee on
Financial Services. At a hearing about the program Tuesday, N.Y. Rep. Sue Kelly
said she has asked for a GAO investigation of the program. The government is
using broad, secret subpoenas to review confidential financial transactions
from a banking consortium that routes data in more than 200 countries. [Hearing Information
on “The Terror Finance Tracking Program] [Washington Defends Banking
Surveillance] [Other: Bank
Of Canada Governor Says He Was Not Briefed On U.S. Program ] [OPC
cannot ignore border privacy activist]
Homeland security officials proposed last week making
airlines transmit passenger names and other information to the government
before an international departure, a change designed to keep suspected
terrorists off U.S.-bound flights. If approved, the security initiative would
reverse current policy of requiring that manifests for flights originating in
foreign countries be transmitted shortly after takeoff. The proposal seeks to
improve security as well as end the inconvenient and sometimes embarrassing
practice of ordering flights diverted or turned around if manifest information
raises suspicion with
The security of the police National DNA Database is in
question following the disclosure of confidential emails which reveal that a
private firm has secretly been keeping the genetic samples and personal details
of hundreds of thousands of arrested people. Police forces use the company LGC
to analyse DNA samples taken from people they arrest. LGC then supplies the
information to the National DNA Database. Yet rather than destroy this
afterwards, the firm has kept copies, together with highly personal demographic
details of the individuals including their names, ages, skin colour and
addresses. In a separate twist, evidence has emerged that the Home Office has
given permission for a controversial genetic study to be undertaken using the
DNA samples on the police database to see if it is possible to predict a
suspect’s ethnic background or skin colour from them. Permission has been given
for the DNA being collected on the police database to be used in 20 research
studies. These latest disclosures, which were unearthed following a series of Freedom
of Information Act requests by The Observer and the campaign group
GeneWatch, will give rise to fears that many DNA samples being collected by
police from innocent people could be misused. ‘
A
Cyber intruders accessed 9 desktop computers at
Plans for a mandatory national ID card in the
The
Don Lenihan, president of Crossing Boundaries, argues
that far from being an Orwellian concept, a single smart I.D. card could
eliminate layers of bureaucracy from municipal, provincial and federal
government services. The British government, as he points out, will require
national I.D. cards by 2013, not just to avert terror threats, but because this
is part of Tony Blair’s vision of government in the new century. “Denial will
not change the course of history,” Lenihan concludes. “Just as the Luddites
failed to slow - let alone stop - industrialization, burying our heads in the
sand will not stop new technologies from changing how we do things.” [Source]
In a verdict on 13 July 2006, the court of appeals in
A recent survey by the Ponemon Institute shows that Americans
have significant reservations regarding the offshoring of personal information.
The survey found that 42% of Americans are concerned about overseas data
processing. Interestingly, the location where data is processed can increase or
decrease a consumer’s concern – with
MySpace.com and other immensely popular social
networking sites on the Internet were portrayed as emerging playgrounds for
sexual predators as lawmakers considered a measure to restrict their access in
publicly funded schools and libraries. “This is the hottest issue of the day,”
Texas Attorney General Greg Abbott told reporters after testifying before a
House subcommittee examining possible new federal restrictions to protect young
Internet users from pedophiles. State attorneys general have called for such
communities, particularly MySpace, to improve age and identity checks.
MySpace’s safety czar says any technical solution must be part of a set that
includes education and cooperation with law enforcement. [Age
Verification at Social networking Sites] [Source]
[Background] [MySpace
hold talks with parents over paedophile fears] [Networking
sites could help hackers] [MySpace
parent company pledges millions for safety campaign] [Thieves Find Easy Pickings on Social Sites]
[NCH Study: Parents
Ignorant of Children’s Net use] [Hacked Ad Seen on MySpace
Served Spyware to a Million] [Source]
A new identity theft hotline in
The National Consumer Council is recommending that the
If Parliament approves the Do Not Call Register Bill,
Australians will be able to register their private and cell phone numbers on a
list administered by the Australian Communications and Media Authority. Under
the bill, telemarketers would be required to submit their list, pay a fee and
then get their list back from the authority after the removal of all the
registered numbers. Civil penalties for a first offense would be $220 and up to
$1.1 million for a corporation with a previous offense. The Federal Court also
could order an offender to compensate a victim for loss or damage. If passed,
the bill also would require outsourced telemarketing agreements to include a
provision that specifically requires the vendor and its employees to comply
with the bill. [Source]
Federal regulators are inviting public comment on the
“Red
Flags Rule,” which would require lenders and creditors to have identity
theft prevention programs in place. The plans must contain policies and
procedures to respond to ID theft by flagging patterns and practices involving
established accounts and account applications that indicate a consumer’s
identity may be at risk. For example, an address change is one red flag that
often indicates that an ID thief is seeking to get money, documents and other
items sent to a new address assigned to the thief. The comments may be
submitted through mid-September. The officials said this week that banks and
creditors face risks to “their safety and soundness” when customers suffer from
identity theft. [Federal
Reserve Proposals for Comment Web page] [Source] [Source]
The DHS has named Hugo Teufel III as Chief Privacy
Officer for the agency. The role was previously held by Nuala O’Connor Kelly,
who left the post ten months ago. The interim CPO for the agency, Maureen
Cooney, recently took a position with the Center for Information Policy
Leadership. [Source]
A coalition of groups that have filed lawsuits
challenging e-voting machines. Lawsuits have been filed in at least nine
states, alleging that the machines are wide open to computer hackers and prone
to temperamental fits of technology that have assigned votes to the wrong
candidate. [Source]
The inspector general at the DHS has found
inadequacies in an RFID database that stores personal information. The report
indicates the security shortfalls could allow unauthorized or undetected access
to the sensitive information collected as part of the US-VISIT program. The
Director of the US-VISIT Program said account management procedures have been
strengthened already for the database. [Source]
Researchers at Hewlett-Packard plan to introduce a
wireless technology on Monday that they say enables a handheld electronic
reader to give information about almost any object. The researchers have
designed a system based on an experimental wireless chip that can be attached
to a painting, a photo, a bracelet... The HP Memory Spots are new tiny chips
that can store hundreds of thousands of bytes of information. While the chips
are similar to RFID, the company said the new technology was intended to serve
a different purpose than tracking products. The new chips reportedly have data
protection features. [Source]
RFID implant manufacturers VeriChip have announced
that 280 patients from the New Jersey area will have health records chips
inserted under their skin as part of a trial into the use of the technology to
manage long-term conditions. Volunteers who are patients of the
Following an outcry from corporate customers,
Microsoft is removing an add-on feature to Windows that allowed users to create
password-protected folders. The feature was introduced as a free download last
week. Almost immediately, people raised questions over how businesses would
grapple with the ability of individual workers to encrypt their data. [Source]
Hackers are striking databases in record numbers,
trying to pilfer a rich trove of personal and financial data, a security vendor
said. SecureWorks is detecting up to 8,000 attacks per day on databases owned
by its clients, up from an average 100-200 attacks per day in the first 3
months of this year. [Source]
In a survey of 259 companies Sun Microsystems Canada commissioned
from Ipsos-Reid, 30% of the businesses had policies that banned MP3 players
from workplaces. The theft and loss of employee laptops have raised the concern
among executives who have elevated data security on their list of concerns,
according to the firm’s research. The increased risk posed by small digital
devices capable of storing large quantities of data has led companies to adopt
policies seeking to bolster data security. [Source]
A
statement by a major Canadian internet service provider that it will be
monitoring customers’ cyber activities for possible reporting to government
agencies has sparked concern among privacy advocates.
In its new service agreement, which took effect on
June 15, Bell Sympatico told customers it “reserves the right from time to time
to monitor the service electronically, monitor or investigate content or the
use of the service provider’s networks”. Bell Sympatico, the statement went on
to say, would “disclose any information necessary to satisfy any laws,
regulations or other government request”. [Source]
[Source]
Global technology consultancy Booz Allen Hamilton has
been appointed lead advisor to the Office of Access Card and will act as
project manager for the $1.1 billion implementation. Human Services Minister
Joe Hockey said “the access card is being approached as a critical piece of
national infrastructure.” [Source]
[Source]
The General Services Administration (GSA) will issue
solicitations seeking smart-card services and devices next month on behalf of
the Social Security Administration. In recent notices, GSA said it will release
the requests for proposals by Aug. 4. The RFPs will be issued more than two
months before the late October deadline for agencies to start issuing Personal
Identity Verification cards to new employees under Homeland Security
Presidential Directive 12. The cards must meet FIPS 201-1, and there is
widespread concern that many agencies will struggle to meet the upcoming
deadline. [Source]
[EDS to
Provide ID management services for GSA]
A federal court judge denied the government’s and
AT&T’s motions to dismiss the a lawsuit filed by the Electronic Frontier
Foundation against AT&T alleging collaboration with the NSA in a massive
and illegal surveillance program, violating privacy. [Source] [Source]
[Source]
[Background]
[See also: AT&T Agrees
To Pay $500,000 to End FCC Probe into Breach of Customer Privacy]
A coalition of civil liberties groups and technology
companies, including Pulver.com and Sun Microsystems, is appealing a federal
court ruling that forces ISPs to create backdoors for government wiretapping.
That 2-1 ruling said that Internet providers must rewire their networks and
follow a complex scheme of eavesdropping regulations. The deadline is set for May
2007. [Source]
US Attorney General Alberto Gonzales said yesterday that
President Bush personally blocked Justice Department lawyers from pursuing an
internal probe of the warrantless eavesdropping program that monitors
Americans’ international calls and emails when terrorism is suspected. Under
sharp questioning from Senate Judiciary Committee chairman Arlen Specter, Mr.
Gonzales said that President Bush would not grant the access needed to allow
the probe to move forward. [Source] [Coverage] [Coverage]
A plan to bring wifi connectivity to
The
In a
blistering report, the inspector general’s office in the Department of Veterans
Affairs said a series of missteps led to theft of hardware containing data on
millions of veterans and held up response after the fact. The report, published
Tuesday, blames agency officials for acting “with indifference and little sense
of urgency” after the loss of the computer hardware in a house robbery. [Source] [
The U.S. government said last week that it would no
longer offer free credit monitoring for up to 26.5 million veterans whose
sensitive information was stolen since the data had been recovered. The
announcement came one week after the FBI determined with what it said was a
“high degree of confidence” that the information stored on a Veterans Affairs
employee’s laptop and external drive had not been accessed. [Source]
The White House has set an early August deadline for
government agencies to encrypt sensitive data after the embarrassing theft of
millions of veterans’ personal information, but experts warn a quick technology
fix will not cure security problems. While encryption and other security
technology can help, slipshod handling of data and equipment, poor training and
the slow moving government bureaucracy are seen as the main causes of
vulnerability. [Source]
In an effort to improve the federal response to data
breaches putting personal information such as SSNs at risk, the OMB is
eliminating the distinction between suspected and confirmed breaches for
reporting purposes. In a July 12
memorandum to all CIOs, Karen Evans, administrator of OMB’s Electronic
Government and Information Technology division, said that
Key members of Congress have agreed on a sweeping bill
that would create the first national Internet database and laws designed to
improve the tracking of convicted sex offenders. The bill aims to help police
locate more than 100,000 offenders who are registered but haven’t updated their
whereabouts. [Source]
Related: [Child
Internet Porn Law Finally Going to Trial] [Most
Internet Child Abuse Traced to U.S.] [House Panel Sends Child
Porn Suspects’ Names to States]
A group of public interest advocates are opposing an
attempt by the House of Representatives to pass a weak data breach bill that
would roll back important consumer protections. In a letter sent to House leaders,
lawmakers are urged not to vote on H.R. 3997, a Financial Services Committee
bill which does more to protect banks than consumers. Instead the groups urged
lawmakers to vote on H.R. 4127, an Energy and Commerce Committee bill which
contains stronger provisions for notifying consumers after data breaches and
enables consumers to find out what is in their data broker files. [Joint Letter]
A new study by Ryerson University Professor Avner
Levin, entitled “Under
the Radar: The Employer Perspective on Workplace Privacy“ has found that,
using a variety of sophisticated techniques, Canadian companies have the
capacity to monitor the movements of their employees, both offline and on-line.
Levin says, “Technology is in place for pretty much every employer to monitor
activities and messages that their employees are putting out”. [Source]
According to a new survey by the American Management
Association and the ePolicy Institute, Employers are increasingly firing
workers who violate computer privileges in response to escalating legal
problems. About 24% of companies have had employee emails subpoenaed by a court
or regulator, up from 20% two years ago, and 15% have gone to court to defend
against lawsuits triggered by an employee email, up from 13%. [Source]
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