Privacy News Highlights

16–29 May 2008

 

Contents:

UK – Supermarket Secretly Photos Alcohol/Cigarette Buyers, Wants National Database. 3

UK – Retailers Fingerprint Plans Prompt Privacy Concerns. 3

US – Good Year for Privacy, Ontario Commissioner Says. 3

CA – High-Tech Licenses Concern Privacy Commissioner 3

CA – PEI Appoints New Information and Privacy Commissioner 4

CA – New OPC Book Issued to Help Businesses Comply With Privacy Law.. 4

WW – Governments Should Avoid Web 2.0 "Trust Deficit" 4

US – Employee Snooping at the IRS. 4

EU – E-voting Banned by Dutch Government 4

HK – Government Training to Raise Privacy Awareness. 4

CA – Online Tax Centre Launched by City of Mississauga. 5

CA – Senator’s Anti-Spam Bill Is Welcome News. 5

CA – Pending Newfoundland Law Will Highlight Health-Record Privacy. 5

CA – Albertans’ Right Confirmed to Limit Disclosure of PHI via Alberta Netcare. 6

US – Health Data Systems Need A Comprehensive Privacy and Security Framework. 6

US – Feds Encrypt 800,000 Laptops; 1.2 Million to go. 6

US – University Project to Protect Privacy. 6

IN – RIM Offers Conditional Solution to Monitor BlackBerry Content 6

UK – Experts Criticize UK Plan For Super-Database. 7

EU – EDPS Issues Annual Report on Data Protection. 7

EU – EDPS Reports on EU Institutions Data Protection. 7

EU – EU Security Agency Calls for Breach Notification Law.. 7

EU – Street View Sparks Concerns. 7

UK – Brits Living in Fear of Identity Fraud. 8

US – Lawsuit Filed Against LendingTree. 8

US – President Bush Signs Genetic Information Nondiscrimination Act of 2008. 8

US – Google Releases Google Health for Medical Records. 8

US – California Rejects Marketing Firms Access to Patient Medical Records. 9

US – Bank of New York Mellon Backup Tape Lost 9

US – Used Server Held 5,000 SSNs. 9

WW – Gartner: Many Data Security Breaches Still Not Reported. 9

US – New York to Issue Enhanced Drivers Licenses. 10

US – Nevada Attorney General Offers Special Program to Assist Identity Theft Victims. 10

UK: Identity Fraud Cases Up By Two Thirds. 10

US – CDT Issues Privacy Principles for Digital Watermarking. 10

WW – OECD Warns On Internet Address Change. 11

IN – Cyber Café Web Surfing Surveilled. 11

CA – Cyber Crime Growing Fast In Canada: Report 11

US – Senators Ok $1 Billion for Online Child Porn Fight 11

AU – Secret Anti-Doping Program Scrapped. 11

UK – Privacy Group Launches Phorm Spoiler 12

WW – Facebook Disconnects Google Friend Connect 12

CA – Privacy and ‘Online’ Dating Are Not Mutually Exclusive. 12

AU – New Australian Privacy Tort a Blow to Free Speech?. 12

PH – Looking Westward on Data Privacy Framework. 13

US – Treasury Proposes Forcing Credit Card Companies to Act as IRS Agents. 13

US – Survey Finds Most Unaware of Sale of Personal Data. 13

US – VeriChip to Place Implantable Division on Block. 13

WW – One in Four Data Breaches Involves Schools. 13

UK – Study: Schools Gathering CCTV Evidence Illegally. 14

US – Court Ruling Gives Police Broad Authority to Check License Plates. 14

US – No Cell Phones on Flights Please, Say Airline Passengers. 14

UK – Shops Tracking Their Customers Via Mobile Phone. 14

UK – UK Law Would Expand Data Retention Requirements for Telecom Providers. 15

UK – Lawmakers Ask ISP Not to Share Data. 15

UK – Identity Fraud Hits Net Telephony. 15

EU – Deutsche Telekom Accused of Accessing Retained Call Data. 15

US – DHS to Monitor Access to IT Systems. 15

UK – MPs demand US Spooks' Guarantees On Census Data. 16

US – NY Governor Introduces Stronger ID Theft Laws. 16

California - Bill Would Let Pharmacies Sell Medical Records. 16

US – Rhode Island Bill Would Grant Anonymity to Pamphleteers. 17

US – Corporations Massively Read Employee E-Mail 17

IS – Draft Policy for Employee Privacy. 17

US – TJX Fired Employee for Making Posts About Lax Security. 17

 

 


 

UK – Supermarket Secretly Photos Alcohol/Cigarette Buyers, Wants National Database

Budgens, a London supermarket chain, is secretly recording biometric facial photos of people who buy cigarettes and alcohol and compares it to a database of known underage buyers, and they’re hoping to link their database with other grocery chains around the country. This means that just bringing a bottle up to the till means that your likeness and details will be added to a nationwide database, recording your movements and purchasing habits. It is believed to be the first time a British retailer has used the technology in this way. [Source]

 

UK – Retailers Fingerprint Plans Prompt Privacy Concerns

The use of fingerprint recognition technology to monitor retail staff working hours has serious privacy implications, say experts. A small group of Budgens and Costcutter shops have introduced the system to monitor the hours worked by staff and to prevent staff clocking each other in. The systems do not store the print itself, but log a number which can then be matched against the number generated next time that person clocks in. But there are serious legal data protection implications, according to Gus Hosein, a digital privacy expert at the London School of Economics (LSE). “The number is still a unique identifier,” he said. “It’s fine if people have a choice, but if you compel workers to do this, you run in to the dirty side of the law.” The retailers’ plans may raise issues regarding compliance with the Data Protection Act (DPA), which “requires that the employer justify that fingerprint technology is appropriate in the circumstance and must demonstrate why other less intrusive methods would not do the job.” Fingerprint technology project aimed at tracking travellers at Heathrow Terminal 5 was abandoned last month following pressure from the ICO. [Source]

 

US – Good Year for Privacy, Ontario Commissioner Says

A number of new technologies, as well as important rulings by Ontario courts, have improved the privacy of people in Ontario in 2007 according to the annual report of the Information and Privacy Commissioner, released last week. For the first time ever, Commissioner Ann Cavoukian used her power in September of 2007 to order the city of Ottawa and the Ottawa police to stop collecting personal information from people selling used items to pawn shops. The commissioner also noted the development of a number of new technologies that could help protect people’s privacy. The report for 2007 also shows that year setting a new record in FOI requests, much of the increase coming from requests for information from municipalities and police forces. [Source] [Ont. privacy czar worried about high-tech licences] [Ontario's privacy czar frustrated by lack of progress on EHR]

                                                                                                  

CA – High-Tech Licenses Concern Privacy Commissioner

Ontario's Information and Privacy Commissioner Ann Cavoukian has urged the federal government to withdraw a requirement for provinces to collect citizenship information and create databases for Canada's enhanced driver's licences. Speaking to reporters in Toronto yesterday, Cavoukian said that this "mirror database" method could lead to the exposure of personal information and identity theft, says a CTV.ca report. "It would create enormous risks in terms of inaccuracy, the potential for identity theft of creating a new database with very sensitive information, not to mention a waste of efficiency in taxpayer dollars," Cavoukian said. She is also concerned that radio frequency transmitters may be embedded into the licences, citing the risk of improper monitoring. [Source]  [Sharing citizenship data a 'no brainer,' Ottawa told] [Ottawa urged to share database]

 

CA – PEI Appoints New Information and Privacy Commissioner

PEI’s new Acting Information and Privacy Commissioner has been appointed, effective May 26, 2008.  Her name is Judith M. Haldemann, and she recently retired as Legislative Counsel with the province. [Source]

 

CA – New OPC Book Issued to Help Businesses Comply With Privacy Law

The Office of the Privacy Commissioner of Canada (OPC) has launched a new book to help businesses comply with PIPEDA. Leading by Example: Key Developments in the First Seven Years of PIPEDA shares insights gained since PIPEDA came into force in 2000 by highlighting some of the leading case findings on a number of important issues, including emerging technologies, data breaches and security measures. “Hundreds of our findings and numerous judicial decisions together form an essential body of recommendations and case law,” says Assistant Commissioner Elizabeth Denham. [Source] [Leading by Example: Key Developments in the First Seven Years of the Personal Information Protection and Electronic Documents Act] See also: [IAPP INTERVIEW: Elizabeth Denham]

 

WW – Governments Should Avoid Web 2.0 "Trust Deficit"

If governments want to attract citizens to use their online services, they should give users control of their own information, according to former privacy commissioner and IAPP board member Malcolm Crompton, who spoke to attendees at the CeBIT conference in Sydney yesterday. Crompton, who is now managing director of Information Integrity Systems, said that requiring citizens to submit vast amounts of personal data imposes too much risk on users with little or no liability on the agency, creating what he describes as a "trust deficit." "Where is the citizen in this level of thinking?" Crompton asked. [Source]

 

US – Employee Snooping at the IRS

Snooping is on the rise at the Internal Revenue Service (IRS), according to a Treasury Department investigator who testified before Congress last month. Five hundred twenty one cases of unauthorized access were reported last year and, earlier this week, five employees at the Fresno, California processing center were charged with computer fraud and unauthorized access to tax return information for unnecessary viewing of taxpayers' files, says a Wired report. "Whether the intent is fraud or simply curiosity, the potential exists for unauthorized access to tax information on high-profile individuals and other taxpayers," said J. Russell George, Treasury Department Inspector General for Tax Administration. [Source]

 

EU – E-voting Banned by Dutch Government

Because of a risk of eavesdropping the government of the Netherlands has banned electronic voting machines from future elections, and will return to paper voting. In its decision, the government also banned so-called voting printers. Because they leave a paper trail, the printers had been suggested as a potential alternative to traditional voting computers that store the vote counts in their memory. A group of experts dismissed the printer option. The group concluded that “even with regular testing of each printer, it can’t be guaranteed that all devices stay within the required emission limits” that safeguard against eavesdropping. Earlier rulings against voting machines have occurred in other regions including California, Germany, the U.K., Ireland and Italy. [Source]

 

HK – Government Training to Raise Privacy Awareness

Hong Kong government staff will undergo training to raise awareness on information security and privacy. Topics to be covered include the handling of official documents outside the office and a review of relevant policies and guidelines. Government departments accounted for 14 of 30 cases involving leaks of personal data over the past three years. These leaks have been attributed to a lack of awareness of information-security regulations, policies and guidelines--especially those concerning the use of portable electronic devices and file-sharing software. [Source]

 

CA – Online Tax Centre Launched by City of Mississauga

An online tax centre was launched by the City of Mississauga, which will allow residents to access self-serve tax services. It will also allow online users to access a variety of tax services on the City’s Web site. These services include: viewing tax account details and tax and assessment information, ability to change “Preauthorized Tax Payment” plan, and purchase tax certificates. The new online tax self-service tax centre can be accessed at: www.mississauga.ca/etax [Source]

 

CA – Senator’s Anti-Spam Bill Is Welcome News

While a government-backed anti-spam bill is still nowhere to be seen, earlier this month Senator Yoine Goldstein quietly stepped into the policy void by introducing the Anti-Spam Act (ASA). Modeled after widely lauded Australian anti-spam legislation, the ASA is the most comprehensive Canadian anti-spam proposal floated to date and even if it languishes in the Senate it promises to place additional pressure on the government to reveal its own anti-spam plan. The bill targets spam by creating new form and content requirements for commercial electronic messages as well as establishing prohibitions on common spamming techniques. The content requirements include the need to clearly identify the sender of the message, provide accurate “header” information, avoid misleading subject lines and include information on how recipients can contact the sender directly. Commercial email senders must also establish a functional unsubscribe facility that enables recipients to easily opt-out of future messages. The ASA also establishes a broad prohibition against “the sending of a commercial electronic message unless the recipient has consented to receive the message.” This provision contains several key exceptions, however, since political parties, charities, not-for-profit businesses, survey companies, educational institutions and any business with a prior business relationship are all entitled to presume that they have the necessary consents unless recipients expressly “opt-out.” Senator Goldstein’s bill also targets common spamming technologies. It prohibits the use of address-harvesting software that spammers use to gather email addresses, outlaws “dictionary attacks” in which spammers send millions of messages without regard for whether the email addresses are valid, and bans the creation of phishing websites that are used by identity thieves to fraudulently obtain personal information. While many of these provisions match those found in other jurisdictions, the most noteworthy aspect of the ASA is its tough penalties. First time offenders face a fine of up to $500,000 and any repeat offences could result in fines of up $1.5 million. Moreover, the bill includes possible prison terms of up to five years for violating the core anti-spam provisions and grants the private sector the right to seek injunctions to block further spamming activity. Unlike some prior bills that sought to hold Internet service providers responsible for the spam on their networks, the ASA creates incentives for ISPs to cut off spamming activity by granting ISPs the right to cancel the service of known spammers without fear of liability. The ASA has reached second reading in the Senate and now awaits the prospect of committee hearings. [Source]

 

CA – Pending Newfoundland Law Will Highlight Health-Record Privacy

New rules governing health records will strengthen Newfoundland and Labrador patients’ privacy, the health minister Ross Wiseman said last week. Wiseman said that the new Protection of Personal Health Information Act, which is currently before the house of assembly, will more clearly spell out how a patient’s data can be used, and by whom. The act, once passed into law, will set out new rules for the collection, use and disclosure of people’s personal health records. Wiseman said the goal of the legislation is to create a culture of privacy in the health-care system. The new act allows patients to prevent the sharing of their personal information. For example, patients can designate that certain parts of their medical records are not to be shared beyond any pre-designated health professionals. The government expects to have the legislation proclaimed into law in 18 months, to allow for education and training within the health-care system. A public education campaign is also planned. [Source]

 

CA – Albertans’ Right Confirmed to Limit Disclosure of PHI via Alberta Netcare

Frank Work, Alberta Information and Privacy Commissioner, has confirmed that individuals can ask that disclosure of their health information through Alberta Netcare, Alberta’s electronic health record, be limited. On conclusion of a recent investigation, it was recommended that Alberta Health and Wellness take steps to fully implement the technology that will allow custodians to limit the disclosure of health information through Alberta Netcare and communicate the availability of this option to Netcare users and Albertans. The Department has taken immediate steps to implement these recommendations. [Coverage] The investigation report and its recommendations can be found at http://www.oipc.ab.ca [Alberta Netcare investigation decision]

 

US – Health Data Systems Need A Comprehensive Privacy and Security Framework

CDT's Health Privacy Project of the Center released a paper urging policymakers and the private sector to develop and implement a comprehensive privacy and security framework to govern the wide range of computer and Internet-based systems being created to share sensitive health information.  The paper examines the key issues confronting the adoption of information technology in the health care field and offers suggestions on policies and business practices that will protect patient rights while facilitating the kinds of information sharing that can reduce costs and improve care. [HPP Policy Framework Document, May 15, 2008]

 

US – Feds Encrypt 800,000 Laptops; 1.2 Million to go

In an effort to secure the personal data of millions, U.S. federal agencies have begun purchasing and deploying encryption software for the roughly two million laptops, handhelds and removable storage devices at federal, state and local government agencies nationwide. Over the last 12 months agencies have purchased 800,000 licenses for the software through the government’s Data at Rest Encryption program, a joint venture of the General Services Administration and the Department of Defense. [Source]

 

US – University Project to Protect Privacy

Oklahoma State University's Technology Business Assessment Group has provided $100,000 to fund a project aimed at protecting the privacy of online data using the data shuffling method. The project, "Developing Data Protection Software Based on Data Shuffling," involves faculty researchers from OSU and the University of Kentucky. Data shuffling, the method developed by OSU professor Rathindra Sarathy, "rearranges confidential information from data sets in a complex, coordinated fashion so that it maintains confidentiality." The goal is to develop the shuffling method into a marketable software program. [Source] [Powerpoint] [Paper]

 

IN – RIM Offers Conditional Solution to Monitor BlackBerry Content

In a new turn to the BlackBerry row, the Canadian vendor of the service, Research in Motion (RIM), is understood to have agreed to pass on sensitive customer data to the Indian government but with a condition that DoT takes responsibility in case of a loss to any user due to leakage of information. [Source] [Source]Follow up: [RIM says it can’t provide e-mail interception in India]

 

UK – Experts Criticize UK Plan For Super-Database

Plans for a super-database containing the details of all phone calls and e-mails sent in the UK have been heavily criticized by experts. The government is considering the changes as part of its ongoing fight against serious crime and terrorism. Assistant Information Commissioner Jonathan Bamford has warned that the UK could be "sleepwalking into a surveillance society". [BBC]

 

EU – EDPS Issues Annual Report on Data Protection

On 15 May, the European Data Protection Supervisor’s office presented their 4th Annual Report, which runs through the main features of the EDPS activities in 2007 on supervisory and consultative tasks. It also emphasises the impact of the Lisbon Treaty that provides for an enhanced protection of personal data. The EDPS believes that the new Treaty should be seen as an opportunity for the EU administration to demonstrate that effective protection of personal data is a basic value underlying EU policies. The report shows that there has been substantial progress in supervision in 2007. The report highlights

The EDPS also gave further effect to his advisory role on new EU legislative proposals having an impact on data protection with the publication of 12 legislative opinions. Special emphasis was put on:

[EDPS 2007 Annual Report | Executive Summary] [Full text]

 

EU – EDPS Reports on EU Institutions Data Protection

On 14 May, the European Data Protection Supervisor (EDPS) presented his general report named the spring 2007 initiative measuring the implementation of Regulation (EC) 45/2001 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the Community. The report shows that the “Spring 2007” exercise has helped to boost compliance with the Regulation, if only because it has encouraged the appointment of a Data Protection Officer (DPO) in every EU institution and operational agency. In addition, it has prompted most institutions and agencies to draft an inventory of processing operations involving personal data, which allowed a more systematic approach to implementation. From a more general perspective, EU institutions and bodies have also devoted more efforts in raising awareness among EU staff on data protection issues. [Source]

 

EU – EU Security Agency Calls for Breach Notification Law

The European Network and Information Security Agency (ENISA) released a report outlining the need for a continent-wide data breach notification law. ENISA is an information-sharing body. The report calls for a U.S.-style notification law, highlighting the fact that Internet security is vital to the EU economy.” [Source] [ENISA 2007 Annual Report] [press briefing podcast]

 

EU – Street View Sparks Concerns

European Union Data Protection Supervisor Peter Hustnix says if Google plans to launch its "Street View" feature in Europe, they should consider reforming it, as the service may breach EU privacy laws, says a BusinessWeek report. Street View gives users a 360-degree view of city streets in full color. The feature is built using composites from photos taken from Google cars outfitted with roof-mounted cameras. Street View's North American release raised both excitement and privacy concerns. Hustnix said, "Making pictures on the street is in many cases not a problem, but making pictures everywhere is certainly going to create some problems." [Source]

 

UK – Brits Living in Fear of Identity Fraud

Identity fraud, and information theft from mobile phones top the list of security concerns in the UK. 86%, of almost 1,000 Brits polled in the Unisys Security Index are worried about the unauthorised access or misuse of their personal information. Computer security is less of a priority in the UK, the index found only a third are very concerned about viruses and spam, with 38% not concerned at all. Confidence is also growing in the security of online shopping, particularly among the over-54s, with only 33% of residents very concerned about the security of transactions. However, the UK remains unconvinced about using mobiles to pay bills or shop online, with 80% not willing to use a mobile or personal organiser to conduct financial transactions. The index comes on the back of a similar survey of 4,500 adults in the UK by telecoms regulator Ofcom, which revealed approximately half the respondents were worried about disclosing personal details online, and concerns about identity fraud had risen by 15% in two years. Unisys said the index showed that telecoms providers, banks and retailers would face an uphill struggle to convince the public to accept mobile phone payments. [Source]

 

US – Lawsuit Filed Against LendingTree

A lawsuit seeking class action status has been filed against LendingTree LLC in US District Court. The suit alleges that LendingTree did not sufficiently protect sensitive data in its customer loan request forms. In April, LendingTree acknowledged that several employees provided a number of mortgage lenders with access to the data, which include names, Social Security numbers (SSNs) and income. LendingTree has filed a lawsuit against two former employees and several mortgage lenders. [Source]

 

US – President Bush Signs Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act prohibits health insurers and employers from discriminating on the basis of genetic information. The Genetic Information Nondiscrimination Act would prevent health insurers from canceling, denying, refusing to renew, or changing the terms or premiums of coverage based solely on a genetic predisposition toward a specific disease. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, promotion, and other employment-related decisions. [Source]

 

US – Google Releases Google Health for Medical Records

Google unveiled Google Health, a long-anticipated health information service that combines the leading Web company’s classic search services with a user’s personal health records online. The password-protected service provides a personalized profile for Google users of their basic medical history and gathers relevant information connected to a user’s health conditions. One feature includes a link to help users find doctors by location or specialization. The “virtual pillbox” notifies patients when they need to take medications and possible drug interactions between different drugs. Users can also import medical records if they are available in digital form. The service includes links to major U.S. pharmacies, doctors’ groups and medical testing labs. Partners include Walgreen Co, Longs Drugs Stores Corp, CVS Caremark Group, AllScripts, Quest Diagnostics and the Cleveland Clinic. The company had previously said it was working with health insurers such as Aetna Inc and Wal-Mart Stores Inc pharmacies. Google aims to foster sharing of information between these services, but keep control in patients’ hands, allowing them to schedule appointments or refill prescriptions, for example. The electronic health records field remains in its early stages. For example, while medical providers are covered by U.S. privacy laws, there is little in the way of established privacy, security and data usage standards for electronic personal health records despite decades of industry effort. Nonetheless, Google has created an extra level of security around personal health information stored on its computers. The service also contains a variety of cautions and notifications to alert individual users to the dangers of exposing their health data. [Source]

 

US – California Rejects Marketing Firms Access to Patient Medical Records

The California Senate rejected a bill this week that would have allowed the sharing of a patient's confidential medical information regarding prescription drugs among a pharmacy, third party corporations and pharmaceutical companies. The bill was granted a second chance to pass the Senate next week. The Consumer Federation of California opposed SB 1096 (Calderon) because it raised significant privacy and health care concerns for patients. The bill would have created an exception to California's Medical Information Act, and allow sharing of confidential patient drug prescription information without a patient's consent. Under SB 1096, drug stores would provide confidential patient prescription information to third party businesses. The third party would prepare mailings to patients that would have the appearance of coming from the pharmacy. These third party marketing corporations would, in turn provide patient information to, and receive payment from, pharmaceutical drug manufacturers to send the mailings, ostensibly to remind patients to take their medications or to renew their prescriptions. Consumer rights and privacy protection groups argued that this type of privacy invasion should not occur without the consent of the patient.  [Source] [Groups Want More Privacy in E-Prescribing Mandate]

 

US – Bank of New York Mellon Backup Tape Lost

Connecticut Attorney General Richard Blumenthal wants to know how the Bank of New York Mellon lost unencrypted computer backup tapes that hold PII of more than 4 million customers. The box of tapes was lost in February; the tapes contain names, addresses, SSNs and possibly account numbers and balances. The breach affects several hundred thousand Connecticut customers of People’s United Bank; Bank of New York had the data because it was helping People’s through a business transition. Blumenthal wants to know why Bank of New York waited until just six weeks ago to start notifying affected customers. Blumenthal himself did not learn of the breach until earlier this week. In a related story, Connecticut Governor M. Jodi Rell has directed the state’s Consumer Protection Division to subpoena Bank of New York Mellon Corp. and People’s United Bank. [Source] [Source] [Source] See also: [Connecticut Bank Customers File Lawsuit Over Missing Backup Tapes]

 

US – Used Server Held 5,000 SSNs

A man who bought used computer equipment at an auction found that one of the servers contained 5,000 SSNs from the Oklahoma state Tax Commission and the Corporation Commission. Oklahoma state policy requires that the agency discarding computer equipment be responsible for erasing any data before the equipment is sold. The Oklahoma Corporation Commission has begun removing hard drives from equipment it sells at state auctions. [Source]

 

WW – Gartner: Many Data Security Breaches Still Not Reported

A recent study from Gartner found that many retail data security breaches in the US are not being reported to customers. Of 50 US retailers surveyed, 18 said they knew they had experienced a data breach, but just three of the retailers had publicly disclosed the breach. While the small sample precludes drawing hard conclusions, the trend suggests that “there are a lot more breaches than we hear about,” according to Gartner analyst Avivah Litan. Four of the retailers participating in the survey had been fined for failing to comply with Payment Card Industry (PCI) standards, and 11 more were threatened with fines. [Source]

 

US – New York to Issue Enhanced Drivers Licenses

Governor David A. Paterson has announced an agreement between New York State and the Federal Department of Homeland Security (DHS) permitting the state to issue an Enhanced Driver License (EDL). The new license is being developed by the State Department of Motor Vehicles (DMV), and it is intended to expedite cross-border land and sea travel for the citizens of the state. To get an EDL, New Yorkers will be required to visit a DMV office to provide various proofs of identity and citizenship, which will be verified by the DMV. The verification will support the DMV’s core principle of one driver, one license and each EDL will have various security features within the document. [Source]

 

US – Nevada Attorney General Offers Special Program to Assist Identity Theft Victims

In 2007, Nevada was ranked third in the nation for identity theft crimes. To help address this situation, the Nevada A-G office is offering the Nevada Identity Theft Passport program as a service to Nevada residents who are identity theft victims to assist them with recovery from this intrusive and damaging crime. After you discover that you have become the victim of identity theft, you will need to file a police report with local law enforcement and ask for the Nevada Identity Theft Passport brochure and application. You will then make an appointment with your local County Sheriff or Attorney General’s Office to complete an online “Passport” application. The Sheriff’s Office will then send the completed application to the Attorney General’s office in Carson City. After we verify the application, you will receive a secure, personalized Nevada “Passport” program card that contains your picture, signature and thumb print. This card is an effective tool for you to use in order to demonstrate that your identity has been stolen. It is likely to be most useful to help you explain your situation to merchants, banks and law enforcement officials. An Identity Theft Passport does not prevent identity theft. It can only assist in helping to clear things up afterwards. [Source]

 

UK: Identity Fraud Cases Up By Two Thirds

London was Britain’s identity fraud capital with people almost twice as likely to become victims as those in the rest of the country. Kensington was the most vulnerable area with residents facing a risk more than three-and-a-half times the average. It was followed in the top five by Richmond-upon-Thames, Putney, Wimbledon and the King’s Road area of Chelsea. Commuter towns, including Guildford, St Albans and Windsor, also faced a risk that was twice the national average. Credit data company Experian, which compiled the figures, said more than 6,000 victims sought help from its fraud team in 2007 compared with 3,500 in 2006. It said the typical identity fraud victim is a homeowner aged between 26 and 45. Those earning more than £50,000 a year are almost three times more likely to fall victim to identity fraudsters. [Source]

 

US – CDT Issues Privacy Principles for Digital Watermarking

CDT has released a paper offering a set of principles for addressing potential privacy considerations when deploying digital watermarking technology. This technology embeds information within the content of digital media files in a form that is machine readable but often imperceptible to humans. Digital watermarking has a variety of applications and is increasingly being considered as a tool for deterring copyright infringement. CDT’s paper is intended to provide guidance for companies that plan to use the technology to communicate information that is specific to individual consumers. [CDT Paper: Privacy Principles for Digital Watermarking, May 29, 2008] [CDT Press Release, May 29, 2008]

 

WW – OECD Warns On Internet Address Change

Slow progress on the net's new addressing system risks breaking it into regional blocks, warns the OECD. The problem may come as nations move to the new scheme at different paces, says the Organisation for Economic Co-operation and Development. [BBC] [OECD Report on Ipv6]

 

IN – Cyber Café Web Surfing Surveilled

It is now mandatory for Uttar Pradesh cyber café owners to verify the identity of Web surfers and a local has provided the software necessary to build a database of them. Customer Registration and Identification, or CRISH, will include the photographs and finger prints of those sitting before a cyber café’s computer. These identifiers “will be automatically stored in the database of the computer with date, time and terminal in which they logged on, eliminating the need for maintaining a register of visitors,” said the director of the company providing the database software. The database is expected to remove the anonymity of cyber cafe e-mail communications in hopes that users won’t feel comfortable sending threatening emails from those locales, and to give investigators a quick and accurate means of identifying the sender of such a communication. [Source]

 

CA – Cyber Crime Growing Fast In Canada: Report

Canadians are more likely to be victims of crime on the Internet than they are on the streets, suggests a new survey commissioned by the Canadian Association of Police Boards. Cyber crime – things such as identity theft, computer viruses and online harassment – is very close to surpassing illicit drugs as the top crime category in North America. The survey, completed last January by Deloitte LLP, found that nearly half of the 567 respondents had been victims of cyber crime, and 70% said they did not report the crime. Almost everyone surveyed -- 95% -- thought they were being targeted by cyber criminals. “If that doesn’t scare you, I don’t know what will scare you,” said Calgary police Chief Rick Hanson during a news conference last week. [Source]

 

US – Senators Ok $1 Billion for Online Child Porn Fight

A U.S. Senate panel has unanimously approved a bill that would encourage federal, state, and local police to use and create special software designed to nab child pornography swappers on peer-to-peer file-sharing networks. The bill would allocate more than $1 billion over the next eight years for a broad array of efforts aimed at tackling Internet crimes against children. The Senate Judiciary Committee voted to send an amended version of the Combating Child Exploitation Act to the full slate of politicians for a vote. [CNET]

 

AU – Secret Anti-Doping Program Scrapped

The Australian Sports Anti-Doping Authority (ASADA) has been forced to scrap a secret pilot program aimed at identifying whether or not Olympic-bound athletes were using banned substances because the program breached the Information Privacy Principles of the Privacy Act. The ASADA had teamed up with Medicare to cross-check athletes' medical records, unbeknownst to the athletes. Although the Australian Government Solicitor (AGS) had originally approved the program, in a second opinion following Sport Minister Kate Ellis's consultation with the Office of the Privacy Commissioner, the AGS ruled that the ASADA did not have legal authority to conduct the program. [Source] 

 

UK – Privacy Group Launches Phorm Spoiler

A privacy group has launched a new piece of software that it claims will make the data collected by the Phorm advertising service “absolutely worthless”. The AntiPhorm group - which describes itself as “a loose conglomeration of concerned individuals comprised of artists, programmers and designers” - says it wants to prevent ISPs from profiting from their customers’ personal surfing habits. “By harvesting the information you divulge every time you surf the internet, BT alone expects to make an additional $170M annually,” the website claims. “The increase of data mining, profiling of you and your surfing habits is a worrying trend, on a global industrial scale.” To throw Phorm off the scent, the team has developed an application called AntiPhormLite that sits in the background, visiting random sites. “It connects to the web and intelligently simulates natural surfing behaviour across thousands of customisable topics,” the site claims. “This creates a background noise of false information disguising and inverting your own interests. We believe our technology is indistinguishable from that of a typical user engaging the internet.” [Source] SEE ALSO: [UPDATE: Charter Will Track Your Internet Activity Regardless Of Whether You Opt Out]

 

WW – Facebook Disconnects Google Friend Connect

Facebook says it denied Google Friend Connect access to Facebook user data for failing to respect its privacy requirements “We’ve found that [Friend Connect] redistributes user information from Facebook to other developers without users’ knowledge, which doesn’t respect the privacy standards our users have come to expect and is a violation of our Terms of Service,” said Facebook in a blog post. “Just as we’ve been forced to do for other applications that redistribute data in a way users might not expect or understand, we’ve had to suspend Friend Connect’s access to Facebook user information until it comes into compliance.” [Source] See also: [Cross-Site Scripting Flaw in Facebook] [Source]

 

CA – Privacy and ‘Online’ Dating Are Not Mutually Exclusive

Today, about 40% of single adults use online dating. The problem with most dating sites is they offer no privacy. Because profiles/photos must be searchable by other members, there is a requirement to surrender control of sensitive personal information. Amazingly, millions of online daters willingly share this private information. However, there are also millions of single adults that avoid online dating because they place significant value upon personal privacy and safety. For these people, exposing their personal lives on the public internet for anybody and everybody to search and find is not acceptable. “Privacy and online dating should not be mutually exclusive,” explains Joel M. Blatt, founder of Sparkbliss. Sparkbliss is fueling the “private online dating” revolution. Sparkbliss works like this: each member develops a private network of trusted friends and families who can view his/her profile and make romantic introductions on their behalf. Members have complete control over who they invite into their private network. Some people add as many connections as possible, while others are more conservative. Adding “super connectors,” those people that seem to know everybody maximizes your ability to find the right person. With online dating, people are often untruthful, superficial, and subjective. Online dating behavior is frequently disingenuous; outdated photos and plagiarized profiles are commonplace. In contrast, Sparkbliss enforces honesty and integrity, because it is moderated by people that know you. Sparkbliss goes a step further to mitigate concerns over safety by recommending introductions include some kind of reference and testimonial. [Source]

 

AU – New Australian Privacy Tort a Blow to Free Speech?

The Australian Law Reform Commission has presented the new Government with a report that calls for a new statutory tort of privacy. The ALRC's report will be considered by the Government for about two weeks before being tabled in parliament and made public. The ALRC indicated it supported a tort of privacy in a discussion paper last year that came soon after a similar call from the NSW Law Reform Commission. It suggested that liability should be imposed for disclosing a person's correspondence or private written, oral or electronic communications. The NSW commission also wanted to impose liability for disclosing "irrelevant or embarrassing facts" about a person's private life; and using a person's "name, identity or voice" without consent. When the ALRC outlined its scheme last year, it agreed with the NSW commission's approach to the possible remedies that courts should be able to order for breaching the statutory tort. The ALRC said it wanted the tort to apply whenever there was "a reasonable expectation of privacy and where the action that is the subject of the complaint is serious enough to cause substantial offence to an ordinary person". [Source]

 

PH – Looking Westward on Data Privacy Framework

The consensus at a recent Philippines technical working group meeting was that the nation adopt the E.U. framework on data privacy when developing data privacy bills, says a report on Inquirer.net. The group will meet with Data Privacy International next month to continue working towards adopting that framework. Spokesperson for the group said that while the group is looking at models from many nations, the EU guidelines will help industry break into the European and Australian markets. “We are trying to break into these markets... We all agreed to zero in on the EU model.” [Source]

 

US – Treasury Proposes Forcing Credit Card Companies to Act as IRS Agents

The Center For Democracy and Technology has released a briefing expressing concerns about the privacy implications of new Treasury Proposals to track and retain financial activities of cardholders. [Full Story]

 

US – Survey Finds Most Unaware of Sale of Personal Data

A survey of 1,000 Californians finds that most are unaware of how businesses are using and selling their personal data. The study, released by UC Berkeley's Samuelson Law, Technology and Public Policy Clinic, shows that consumers are largely unaware that personal information from pizza deliveries, charitable donations, product rebate cards and other common consumer transaction materials are fair game for begin sold. "Businesses are allowed to sell information unless consumers object," said Chris Hoofnagle, co-author of the Samuelson report.  [Source] [Source]

 

US – VeriChip to Place Implantable Division on Block

Once the RFID systems provider completes the recently announced sale of its Xmark subsidiary, it plans to sell the rest of its assets. [Source]

 

WW – One in Four Data Breaches Involves Schools

Cyber criminals are becoming bolder and more sophisticated in their operations, federal computer security experts say. And that's bad news for schools, because educational institutions reportedly account for approximately one of every four data security breaches. [Source] See also: [Medical data breaches on the rise] [Data Breaches Mean More Than Bad Publicity] [Preparation Key to Managing Data Breaches] [Five IRS Employees Charged With Snooping on Tax Returns]

 

UK – Study: Schools Gathering CCTV Evidence Illegally

CCTV cameras illegally and breaking laws by using footage as evidence in court cases, a new study has found. Every one of 60 schools picked at random was found to be ignoring strict guidelines over the use of CCTV - with one school even aiming cameras into a neighbour's back garden. The study, by national advisory body CameraWatch, found that none of the schools met strict standards imposed by the law and as a result evidence gathered by schools in court cases may not even be legal.The guidelines, which schools are supposed to follow, include warning people what cameras are used for and making sure that cameras are pointing in the right direction. Schools must also store recording equipment and personal data correctly. Paul Mackie, CameraWatch's compliance director, warned that images recorded by the schools camera systems tested were grainy, poorly exposed and in most cases illegal because procedures were not adequately followed.  He said that CameraWatch had provided their feedback to the schools - following checks over the last two years - but their advice was ignored.  Mr Mackie said: "If evidence is not correctly gathered, or if cameras fail to meet minimum standards then it can be challenged in court. [Source]

 

US – Court Ruling Gives Police Broad Authority to Check License Plates

In a 2-1 decision in September 2006, the U.S. Court of Appeals for the Sixth Circuit ruled in U.S. v. Curtis Ellison that random plate checks are not an unconstitutional invasion of privacy and that "so long as the officer had a right to be in a position to observe the defendant's license plate, any such observation and corresponding use of the information on the plate does not violate the Fourth Amendment." Ellison appealed the decision, but last October the U.S. Supreme Court refused to hear the case, letting the appeals' decision stand as the current law of the land. In its decision, the court joined virtually every other federal jurisdiction in saying individuals have no reasonable expectation of privacy when it comes to license plate numbers. Privacy advocates disagree with the courts' finding and say they fly in the face of the federal Drivers' Privacy Protection Act, which requires a law enforcement purpose to access motor vehicle records. [Source]

 

US – No Cell Phones on Flights Please, Say Airline Passengers

Nearly three-fourths of U.S. cell phone users recently surveyed don’t want to ride in airplanes with passengers talking on phones. The results dovetail with what several airlines have apparently decided already as they prepare to roll out wireless in-flight services such as e-mail, text and instant messaging access from user devices. Those services, however, apparently will not include wireless talking. [Source]

 

UK – Shops Tracking Their Customers Via Mobile Phone

Customers in UK shopping centres are having their every move tracked by a new type of surveillance that listens in on the whisperings of their mobile phones. The technology can tell when people enter a shopping centre, what stores they visit, how long they remain there, and what route they take as they walked around. The device cannot access personal details about a person’s identity or contacts, but privacy campaigners expressed concern about potential intrusion should the data fall into the wrong hands. The surveillance mechanism works by monitoring the signals produced by mobile handsets and then locating the phone by triangulation – measuring the phone’s distance from three receivers. It has already been installed in two UK shopping centres, and three more will begin next month. [Source]

 

UK – UK Law Would Expand Data Retention Requirements for Telecom Providers

Proposed legislation in the UK known as the Communications Data Bill would extend the data retention requirements of the Regulation of Investigatory Powers Act (RIPA), which presently requires that telecommunications service providers must keep information about customers’ phone calls and text messages for one year. The new law would expand the required information to include who initiated communication, when the communication occurred and the duration of the communication; the content of the communications would not be retained. The information would be held in one database, which has caused some concern in light of the recent problems government entities have had with data security. Police and other law enforcement officials would be allowed access to the database with permission from the courts. [Source] [Source]

 

UK – Lawmakers Ask ISP Not to Share Data

Two lawmakers are questioning whether or not Charter Communication's plan to share data about their users Web habits violates users' privacy rights, says a report at Media Post Publications. Charter is working with behavioral-targeting company NebuAd to pilot the technology with some of its 2.8 million users, letting NebuAd collect data about Charter customers' Web activity to then send those users ads better targeting their interests. In a letter to Charter CEO Neil Smith, Rep. Ed Markey and Rep. Joe Barton requested that the company postpone deployment until discussions on privacy issues can take place. Charter said on Friday that they are "...pleased to discuss this matter," with the Congressmen. [Source]

 

UK – Identity Fraud Hits Net Telephony

Usernames and passwords from voice-over IP (VoIP) phone accounts are selling online for more than stolen credit cards. The information allows someone to use the telephone service for free. Net telephony fraud is still in its infancy, with eavesdropping on calls being the most common security flaw. But the move into stealing usernames and passwords which are routinely sent across the network when a call is made, is a worrying new trend. “90% of carriers don’t offer a secure VoIP service.” [Source]

 

EU – Deutsche Telekom Accused of Accessing Retained Call Data

In a situation reminiscent of the HP scandal a few years back in the US, Deutsche Telekom is suspected of having snooped on communications to determine the source of leaks to the media involving sensitive information. The Deutsche Telekom internal security unit allegedly used stored information, including numbers dialed, dates and durations of calls to look for connections between Telekom executives and media reporters. The breaches allegedly took place three years ago, and both public prosecutors and a private law firm are investigating. No calls were tapped, according to Telekom, but the stored data were accessed without authorization. The German government is urging Deutsche Telekom to be forthcoming with information about how investigators obtained the information. [Source] [Source] [Source] [Source]

 

US – DHS to Monitor Access to IT Systems

Government employees, contractors and consultants with access to DHS computer systems are among those whose names and personal information will be kept in a newly created database, according to a notice posted in the Federal Register. The General Information Technology Access Account Records System (GITAARS) will collect and store information on everyone with regular access to departmental IT systems. Use and distribution of the GITAARS system of records is to be regulated by the Privacy Act of 1984. Public comments on the proposed database are due by June 16. The database will contain names, business affiliations, positions, phone numbers, citizenship, home addresses, e-mail addresses, access records, date and time of access, logs of Internet activity and Internet protocol address of access. The information will be shared routinely with other government agencies for purposes such as workforce surveys in addition to auditing and oversight. In some cases, DHS will provide additional information, the notice stated. “In some cases DHS must provide ... other information such as: occupation group/family, organization, supervisory status, grade, work role, duty station, series, pay plan, service in government, highest level of education, years of professional service, years of service in government, projected retirement, position title, work phone number and work address,” the notice said.

 

The department also proposed routinely sharing business contact information available in the database and information that might relate to an investigation of identity theft. In a separate Federal Register notice, DHS’ Office of Intelligence and Analysis intends to create a new Enterprise Records System to track the investigation of people suspected of terrorist threats and activity, including threats against critical infrastructure such as key computer systems. The Bush administration is proposing that the new intelligence database be exempt — for national security purposes — from most Privacy Act rules and notifications. The new Enterprise Records System will apply to persons suspected of being involved in threats, which includes cyberthreats against critical infrastructure computer systems, according to the notice. The database covers activities meant to “identify, create, or exploit” the vulnerabilities of key resources such as “the cyber and national telecommunications infrastructure and availability of a viable national security and emergency preparedness communications infrastructure, “the notice said. Investigations of people suspected of financial crimes, including those conducted through identity theft, computer fraud and computer-based attacks, are also to be included in the database. [Source]

 

UK – MPs demand US Spooks' Guarantees On Census Data

An influential group of MPs has urged the government to seek assurances from Washington that the Patriot Act would not be used to access personal data contained in the UK census, if it is outsourced to US defence contractor Lockheed Martin. The cross-party Treasury Select Committee is making the call today as part of the results of an investigation into the upcoming census in 2011. The once per decade data-gathering exercise is used by government departments to target billions of pounds of public spending, but has been criticised as unable to cope with a more mobile population. Lockheed Martin, whose corporate slogan is "We never forget who we're working for", is bidding against Deutsche Telekom's T-Systems division for the £450m contract to run what's reckoned will be the last census in its traditional centralised form. The Office of National Statistics (ONS) is expected to announce the winner in June. Lockheed's potential involvement has been opposed by anti-arms industry campaigners, including the Green Party and privacy advocates. [Source]

 

US – NY Governor Introduces Stronger ID Theft Laws

New York Governor David Patterson has introduced legislation aimed at protecting citizens from identity fraud and theft. The bill would restrict how employers may use employee’s personal information and allows residents of New York to put their names on “exclusion lists.” In addition, the bill would make it a crime to possess a skimmer device when there is intent to use it to commit data theft. [Source] See also: [Utah Lawmaker Likes Identity Locks for Children] See also: [Utah targets ID theft of children] and [Hawaiin Governor Signs Bill to Protect Hawaii Residents Against Identity Theft]

 

California - Bill Would Let Pharmacies Sell Medical Records

Pharmacies in California would be allowed to sell confidential patient prescription information to third-party marketing firms working for drug companies under a bill expected to be voted on Thursday by the state Senate. The legislation would allow pharmaceutical firms to send mailings directly to patients. Supporters of the proposal say the intent is to remind patients to take their medicine and order refills. But consumer privacy advocates are outraged. "This bill would be a windfall for corporations seeking to track, buy and sell a patient's private medical records," said the Consumer Federation of California. "This would represent a significant intrusion by pharmaceutical companies into the privacy of patients. [Source] See also: [Hospitals, patients clash on privacy rights]

 

US – Rhode Island Bill Would Grant Anonymity to Pamphleteers

Should political flame-throwers have to identify themselves in the paid ads they place in newspapers or the campaign fliers they drop on doorsteps? Under current state law, the answer is yes. But a bill to repeal those requirements is headed for a House vote this week after a brief - but fiery - floor debate last week that was cut short by the chamber's Democratic leaders. [Source]

 

US – Corporations Massively Read Employee E-Mail

In its 5th annual study of outbound e-mail and data loss prevention issues, Proofpoint found that large enterprises continue to incur risk from - and take action against - information leaks over outbound e-mail, as well as newer communications media such as blogs, message boards, media sharing sites and mobile devices. Outbound e-mail remains a key source of risk for U.S. enterprises with a record 44% of surveyed companies reporting that they investigated an e-mail leak of confidential information in the past 12 months. Other key findings in the survey, covering activites in the past 12 months include:

 

IS – Draft Policy for Employee Privacy

Israel labor and employer organizations have come to consensus on the degree of privacy employees should have while using a workplace computer, and on what access employers should be permitted. The draft agreement, currently under review by the Coordinating Bureau of Economic Organizations, is a form of the European model, which is generally considered to give employees a strong level of privacy. If approved, all workplaces may institute the framework. Shlomo Neuman, who was involved in the formulation of the agreement said the groups based their work on European precedents “so as to balance the employer’s right to property and the employee’s right to privacy.” [Source]

 

US – TJX Fired Employee for Making Posts About Lax Security

TJX Companies has fired an employee from a Kansas TJ Maxx store for making posts to a forum about the company’s lax security practices, even after the notable breach. The employee said in several posts that except for a period of time following the breach disclosure when a strong password policy was enforced, the employee password at his store’s server was set to blank. In addition, at one point a store server was running in administrator mode. When he began work at TJX, his password was the same as his user name. TJX says he was fired for disclosing confidential company information. [Source] [Source]

 

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