Privacy News Highlights
28 October—10 November
2005
Contents:
EU – More
Discussion Needed on Biometrics, Say EU Data Protection Commissioners
NB – New Brunswick Minister Resigns After
Violating Province’s Privacy Laws
CA – Pagers Will Track Viewing, Listening
Habits of Canadians
WW – A New Place for Spam’s Same Old Pitches
US – Survey: Preservation and Retention of E-Mail and
Electronic Records
US – NASCIO Releases Findings from IT Project Management
Assessment
EU – Electronic Identity Being Consciously Promoted in
Europe
EU – Scotland Opts for National Electronic Health Records
WW – Technology Announced for Tracing Illegal TV
Recordings
US – Study: Americans Bank Less Online Because of ID
Theft Worries
US – Bank of America Gives Two-factor Authentication to
Millions of Customers
NF – Information Commissioner Blasts Gov’t
for ‘Clear Violation’ of Open-Records Laws
US – EPIC, Patient Privacy Rights Launch Effort to
Protect Medical Records
US – U.S. Commission Recommends National Patient
Authentication System
US – Operation Dumpster: Patient Privacy Is Thrown to the
Curb
US – ChoicePoint Notifies Another 17,000 Consumers on
Possible Breach
US – Data on 3,000 Consumers Stolen With Computer
US – ID Thieves Prey on Financial Aid
US – Pizza Chain Caught Without Fully Baked Security
CA – Survey: Majority of Canadians
Confident They Will Not Fall Prey to Identity Thieves
UK – Government “in Denial” About True ID Card Costs
UK – ID Cards: A Trade Association Starts Up, Focussed on
Personal Digital Identities
UK – British Man Gets 4 Years in Jail for eBay Phishing
Scam
US – Consumers Readily Surrender Personal Details in
Bogus Survey
US – FBI Launches New Consumer Education Web Site
JP – Privacy Concerns Spur Census Change
JP – Japan’s New Privacy Law Disappoints Consumers
CA – Canadian Teens Like to Hide Identity
on Net, Study Finds
WW – Microsoft to Bundle Anti-Spyware App with Windows
CA – Investigation Sought Into Alleged
Spyware Use by Canadian Company
WW – 2005 Privacy Survey is Underway at NCSU
AU – Telstra ‘Worst Privacy Invader’
US – Ontario Privacy Commissioner Wins HP/IAPP Privacy
Award
US – ACLU Challenges USA PATRIOT ACT
US – Microsoft Calls on Congress to Enact New Federal
Privacy Law
US – New Passports Still to Have RFID
WW – IBM Unveils New Scratch-Off RFID Tags to Give
Consumers Privacy Controls
WW – Rebuttal to SPYCHIPS Book
US – Report: Government Has Major Role in RFID
Development
CA – Bell Canada Announces RFID Pilot
Program
US – Retailers Expect RFID Technology To Help Boost
Holiday Sales
US – California Bill Would Place Moratorium On The Use Of
RFID In Identification Cards
US – New York County Considers Mandating Secure WiFi
Connections
US – US Homeland Security Issues Cyber Security Plan
EU – Germany Unveils New e-Passports
EU – Norway, Sweden Push Ahead with Biometric Passports
US – How Many Security Cameras are Trained on New
Yorkers?
US – Privacy Critics Assail TSA’s Registered Traveler
Program
US – EPIC Testifies on Registered Traveler
US – Lawmakers Split on Data Protection Bill
US – 47 Attorneys General Urge Congress to Protect Data
Security
According to the Article 29 Data Protection Working
Party, the implementation of biometric features in passports, other travel
documents and ID-cards raises a lot of ethic, legal and technical questions. In
a recent Opinion, the Working Party warned against the potential risks of
prematurely introducing biometric identifiers and stressed that an exhaustive
discussion in society is needed before implementing biometric features in
passports, other travel documents or ID cards. The Opinion calls for highly
protective standards to be used as a safeguard against the privacy risks raised
by the use of biometric technologies. Among other things, the EU data
protection Commissioners stated that:
·
Effective safeguards have to be implemented at an early stage in order to limit the risks
inherent to the nature of biometrics.
·
The strict distinction between biometric data collected and
stored for public purposes (e.g. border control) on the basis of legal
obligations on the one hand and those collected and stored for contractual
purposes on the basis of consent on the other hand must be guaranteed.
·
The use of biometrics in passports and identity cards has to be technically
restricted for verification purposes comparing the data in the document
with the data provided by the holder when presenting the document.
·
Only competent authorities should be able to access the data
stored in the chip. In order to guarantee this, Member States should set up a
register of competent authorities.
Considering that the ethic
risks raised by biometric technologies are particularly important, the data commissioners
believe that it is important to wait for the results of project BITE (Biometric Identification Technology
Ethics). [Source]
For the second time this year, a Lord cabinet minister
has stepped down after revealing private, privileged information about an
individual. Family and Community Services Minister Tony Huntjens resigned this
week after published comments in Saturday’s Telegraph-Journal. The resignation
involves a taped interview with the newspaper in which Huntjens revealed the
identity of a man under his department’s care who had been sent to a mental
health facility in
Pager-like devices likely will be used in four or five
years to help radio and television stations determine the listening and viewing
habits of Canadians. The goal is to capture accurate data to change the ratings
system in
Now that Web logs -- blogs, for short -- are a popular
online pastime for millions of people, scammers are finding new ways to exploit
them as vehicles for junk advertisements. The Internet has even coined a term –
splog, a combination of spam and blog – for a phenomenon that follows in the
footsteps of rogue advertising such as spam e-mail, junk mail, junk faxes and
adware. The new forms of spam can show up on blogs as fake comments posted by
readers that actually have nothing to do with the subject at hand. Instead they
are advertising pitches or attempts to get you to click on an unrelated Web
site. [Source]
Despite increased pressure from regulators and courts,
nearly half of American organizations still haven’t adopted records retention
policies for e-mail and other electronic documents, according to a new survey.
In the survey of 2,100 records and information managers, 49% of companies and
government agencies have not adopted a records retention policy for e-mail.
Over half (53%) do not include electronic records in their legal hold orders
associated with regulatory inquiries and litigation – leaving open the
possibility that records critical to a legal matter could be destroyed. And,
more than two-thirds (68%) don’t have a plan in place to preserve electronic records
that need to be migrated, to ensure the accessibility of the information over
time. The survey and associated white paper, “2005 Electronic
Records Management Survey - A Renewed Call to Action“ was co-sponsored by
the two leading professional associations serving the records and information
management profession, AIIM - the Enterprise Content Management Association and
ARMA International. “The majority of organizations surveyed are not prepared to
meet many of their current or future compliance, legal, and governance
responsibilities, because of the deficiencies in the way they currently manage
their electronic records.” [Source]
Findings from the National Association of State Chief
Information Officers’ (NASCIO) 2005 survey of state information technology (IT)
project management practices have been released. Several core themes emerge as
recommendations for success of state IT initiatives:
·
There is value in adopting an enterprise approach toward IT investments.
·
Given the complexity of implementing IT projects both within and across
agencies, clarifying the governance structure during the initiation phase of
the project is essential.
·
Organizational change management must be viewed as an integral component
of project management.
·
·
Actively supporting career advancement for project managers within the
state through project management training and certification programs enhances
continuous improvement.
Report
available from NASCIO’s new
IT project management webpage [Source]
Almost 60 representatives from 14 European countries,
The Scottish Executive has announced that they are to
follow the recommendations of the Kerr Report and implement a national system
of electronic health records, together with telecare throughout the country.
The Executive’s plans for modernising NHS Scotland, entitled ‘Delivering for
Health’ details plans for the implementation of a national IT system, including
the plans for electronic patient records, and is a response to May’s Kerr
report, which was carried out by a team lead by Professor David Kerr, Head of Review
of NHS Scotland. [Source]
Invisible marks that can be used to trace illegal
copies of television shows and movies will be embedded in programs available on
demand across the country using technology from Widevine Technologies. Widevine,
based in
A study by Internet security company Entrust Inc.
found that 18% of banking customers are banking less online or not at all
because of Identity theft. The
survey indicated that 94% of the respondents said they would be willing to
endure added security features. At a recent ID theft forum in
Bank of America is to provide two-factor
authentication technology to 14.5 million customers in a bid to cut identity theft. The online software,
made by PassMark Security, is currently an optional service to customers in 20
states but will become compulsory in the future, the bank said. To use the
service, which is to be rolled out in all states in the country next year,
customers must pick an image, write a phrase and select three challenge
questions. [Source]
The Williams administration has fought for eight
months against the release of 50 pages of documents containing information it
has already posted publicly on its website, according to a withering report by
the province’s open-records czar. The province had classified the information
as secret cabinet advice exempt from release under access- to-information laws.
“I find it quite puzzling that information that had been released to the media and
is currently available on the Internet is now being withheld as an exception to
access,” information commissioner Phil Wall wrote in a stinging 36-page report.
[Source]
On October 26 EPIC joined with Patient Privacy Rights,
a national consumer organization, in an effort to establish stronger protections
in the
[“I Want My Medical Privacy!”
petition] [Patient Privacy
Rights site]
The Commission on Systemic Interoperability has called
for a Social Security-type of identification system to allow doctors to quickly
access data on patients. The commission, which was established by the Medicare
Modernization Act of 2003, believes the authentication system will lead to
faster adoption of an electronic health records (EHR) system. The commission
also proposed in its report to Congress that financial incentives be created as
a way to persuade healthcare providers to adopt EHR. [Source]
A check of Dumpsters near
ChoicePoint said this week in a regulatory filing that
it has sent out another 17,000 notices to people telling them they may be
victims of fraud. The Alpharetta-based company had said in February, after announcing
the breach, that it had notified roughly 145,000 consumers that they may have
had their personal information improperly accessed. That number has now
increased to 162,000, ChoicePoint said in its quarterly report to the
Securities and Exchange Commission. The filing did not detail reasons for the
increase, though the company had previously said the number could ultimately be
higher. ChoicePoint said Tuesday its review of the data breach is ongoing and
there could be further notices sent out. [Source]
Social Security numbers and other information about
more than 3,000 consumers were stolen recently from TransUnion LLC, one of
three
According to the Wall Street Journal, identity thieves
have found a new target for fraud: the government. Identity thieves are posing
as students in order to collect federal student financial aid. One thief profiled
by the Journal assumed 43 identities and stole $316,000 in federal aid. The
thief committed the crime by purchasing a list of names of prison inmates, and
using their personal information for fraud. [Source]
US – Pizza Chain Caught
Without Fully Baked Security
Papa John’s has beefed up security for its Web-based
e-mail system after the pizza chain learned that internal e-mail and customer
data had been exposed. The leak at the Louisville, Ky.-based pizza chain made
internal corporate e-mail and thousands of customer comments available to
anyone with a Web browser. The customer comments were submitted between Sept.
29 and Nov. 7 and included names, addresses, phone numbers and e-mail addresses
of customers. “It looks like there is no password protection on Papa John’s
internal Web e-mail system,” said Richard Smith, an Internet privacy expert, “This
sort of Web site privacy leak happens more than it should.” [Source]
Identity theft has risen markedly in the
recent years, yet Canadians seem unfazed by the threat. Consumers, banks,
credit card firms and other businesses lose more than $2.5 billion in Canadian
funds every year because of identity
theft. TransUnion released a survey this week that indicates that 70% of
the respondents believe it is “somewhat” or “very” unlikely that they will be
victimized. A Canadian anti-fraud hotline shows that identity theft complaints
increased 63% between 2002 and 2003. [Source]
The
Growing consumer concerns over the management and
control of personal data and identity have galvanised a group of identity,
customer management and privacy experts to establish an independent industry
association, called the Personal Digital Identity Association (PDIDA). The PDIDA provides an open forum to
foster common agreement, promote best practice guidelines, share experiences
and develop the nascent market of personal digital identity management
technologies and services. Originating in the UK, but not limited by geography,
the PDIDA is focused on the responsible management of personal digital
identities, primarily covering the perspectives of the consumer, as well as the
implications and opportunities for businesses, service providers, technology
vendors and government. “Left unmanaged, our personal digital identity is on a
collision course with corporate CRM systems, privacy concerns, compliance
requirements, as well as
A British man was jailed for four years for
masterminding an eBay Internet auction swindle which stole computer account
details from users and assumed their identities. David Levi led six others in a
gang which scooped almost $355,000 through a “phishing” fraud – the practice of
stealing goods after tricking computer users into revealing their bank details.
[Source]
RSA Security found in a startling study that the vast
majority of people they interviewed under the guise of a tourism survey with
the potential for prizes too easily gave up personal details. The study’s conclusions
suggest that Americans have yet to fathom that identity theft poses a significant risk. Visitors surveyed were
asked a number of questions that included queries on their mother’s maiden
name, date of birth and address. Giving out personal information is especially
problematic because a person’s mother’s maiden name is often used to verify
identity or reset passwords. Another concern is that cyber criminals can easily
guess passwords once they have a bevy of personal details. [Source]
The FBI recently launched a Web site that aims to
educate consumers about online scams. The Web site, known as “Looks Too Good to Be True,”
includes real-life stories of Internet scams, warnings regarding new online
threats, and quizzes designed to help consumers recognize fraud. The FBI’s Web
site is similar to a site that was recently launched by the Federal Trade
Commission. [Source]
The Japanese government has decided to change the way
it conducts the census after participation dropped in the latest survey due in
part to rising concerns about privacy. By the end of 2005 the Internal Affairs
and Communications Ministry will form a panel that will examine the possibility
of conducting the survey on the Internet or collecting census forms through the
mail, officials said. About 100 cases were reported in which people pretending
to be authorized census personnel were found to be collecting census forms. [Source]
The
Almost six in 10 teenagers are disguising their
identities on the Internet according to a new study, released by the Media
Awareness Network, that looks at a generation of Web-savvy young Canadians.
Whether it’s pretending to be older or a different gender, those in Grades 7
through 11 said they have experimented with social roles either to see what it
was like to be someone else, talk to older kids or even flirt. About 17% said
they did it so they can act mean to others and not get in trouble. This year’s
survey of 5,200 students in Grades 4 through 11 shows that young Canadians are
more connected than ever, with nine in 10 having access to the Internet at
home. And by their late teens, more than half have their own Internet-connected
computer, separate and apart from the family computer. [Source]
Microsoft said Friday that it plans to bundle its “Windows
Anti-Spyware” tool with Windows Vista, the chronically delayed next version of
the company’s operating system. Microsoft also decided to rename the program “Windows
Defender,” in part to give it “a more positive name.” [Source]
The Canadian Competition Bureau has been asked to
investigate a Canadian company, Integrated Search Technologies, in what is
believed to be the first complaint of its kind filed with the bureau. The
complaint alleges that the installation of the company’s software involves “a
blatant misrepresentation as to the purpose of the installation” and also
deceives or confuses consumers into accepting the installation.
Researchers at
ThePrivacyPlace.Org are conducting an online survey about privacy policies and
user values. The survey is supported by an NSF ITR grant (National Science
Foundation Information Technology Research) and will help us with our
investigations of privacy policy expression and user comprehension thereof. [Take the Survey]
TELSTRA, the NSW Government and two senators have been
named as
Sprint
Nextel, the Information and Privacy
Commission of
The ACLU urged the 2nd Circuit Court of Appeals last
week to uphold two separate lower court rulings that whittle away at provisions
of the US Patriot Act, which allow the FBI to secretly demand public information
from public libraries and ISPs. At issue in last week’s hearing are two
challenges brought by the ACLU in
Microsoft announced last week a series of steps the
company would like to see Congress take to supersede state laws that deliver a
patchwork of regulation on the collection, use, storage and disclosure of personal
information. Consumers want a consistent standard, according to Peter Cullen,
Microsoft’s chief privacy strategist. Among the significant aspects of the
company’s position is the view that consumers should have some control over how
their personal information is used and disclosed. The company also said a
federal privacy law should require companies to notify consumers if a data
breach jeopardizes the security of their personal information. [Source]
[Source]
The State Department announced it will move forward
with plans to require new passports to be equipped with RFID chips. The
recently issued final rule also attempts to address deficiencies in a previous
proposal, which would have made personal data contained in the hi-tech
passports vulnerable to unauthorized access. The previous design would have
stored information in the remotely readable passports in unencrypted form.
Tests had shown that the passports’ RFID chips could be read from two feet or
more, posing asignificant risk of unauthorized access. The program was widely criticized
as unnecessary and insecure by EPIC and other civil liberties groups. The
previous design was also criticized by privacy and security experts and the
travel industry. The State Department now plans to cover the passport booklet
with metallic shielding that effectively blocks transmission of information when
the booklet is not open. The Department also called for the implementation of
Basic Access Control, a practice in which the data contained in the RFID chip
is stored in encrypted form, and is only decrypted by RFID readers that optically
read and decode a key printed on the inside of the passport’s cover. This key
is also used to encrypt all communications between the passport and the reader.
The State Department, in conjunction with the National Institute of Standards
and Technology, will also add shielding to the RFID readers in an attempt to
prevent the interception of signals between authorized readers and passports.
The State Department did not, however, provide any details concerning this
effort. While these proposed changes should mitigate the most significant risks
of skimming and eavesdropping, they invalidate the main justification that the
State Department used to promote the use of RFID technology - to save time at
Customs by distance scanning with no physical contact required. Computer
Security expert Bruce Schneier has also said that “collision avoidance ID” in
the chip still creates serious privacy risks and should be fixed. He writes in
a recent column for Wired, “the real issue is how many other problems like this
are lurking in the details of its design? We don’t know, and I doubt the State
Department knows either. The only way to vet its design, and to convince us
that RFID is necessary, would be to open it up to public scrutiny. [Final Rule] [EPIC, EFF et
al, Comments on RFID Passports]
IBM researchers have developed a method to ensure
consumer privacy while using RFID tags that emulate scratch-off lottery tickets
or perforated clothing labels. While the RFID device would remain on the shirt,
can, or package itself, IBM’s idea is to attach a partially-destructible RFID
antenna so that the consumer can remove it after purchase. IBM researchers
introduced the concept in a paper presented this week. Destroying
part of the antenna would degrade the antenna range from a few meters down to a
few inches, helping to alleviate concerns that hidden RFID scanners could “read”
the contents of a consumer’s shopping cart, identifying what they purchased. [Source] [Source]
[Source]
Although RFID technology could be used by
a variety of applications, the technology has been assailed by pro-privacy
groups worried that the technology could be used to spy on their belongings. This
week, Nicholas Chavez, chief executive of RFID Inc., published a 25-page rebuttal
of a recent book, SpyChips, which examined the RFID industry from a
privacy perspective.
Public-sector usage of RFID technology is growing as
officials continue to weigh implementation and maintenance costs against time,
labor and cost savings. But the federal government also has a major role in
establishing international standards, broadening research into the technology
and helping to create a new RFID market, according to a new report published by
the
The Supply Chain Network Project, a group of suppliers
and retailers including Staples Business Depot and UPS Supply Chain Solutions,
has selected
American retailers are using RFID technology to ensure
that popular items are in-stock this holiday season as the industry relies on
customer-service basics. In the past year, there has been a dramatic increase
in RFID in the
The industry lobby is working hard to convince
According to a new proposal being considered by a
suburb of
A preliminary report released by the Department of
Homeland Security seems to scatter cybersecurity responsibilities across the
government and the private sector while sticking to generalities about future
plans. In its 175-page
draft of the National Infrastructure Protection Plan, the department
outlines a broad framework for protecting the nation’s “critical infrastructure”
and “key assets”. The plan asserts that cybersecurity responsibilities should
ultimately lie with the Department of Homeland Security, but also calls on
state and local governments to develop information security measures and to be
aware of vulnerabilities in their systems. [Source] [Federal
Register Notice]
A dozen college interns working for the New York Civil
Liberties Union are conducting a study of the number of cameras throughout
Under a plan outlined recently to Congress, private
companies would be responsible for screening travelers and issuing them
identification cards to avoid random body searches and prolonged airport
security screening. Participants in the frequent-flier program would have to
pay a fee, provide their fingerprints and other biological identifiers and
undergo a background check. The plan outlined to the House Homeland Security
subcommittee has drawn the ire of privacy advocates and civil libertarians. The
information used to screen the participants will come partly from government
watch lists, which have proven to be inaccurate by flagging people - who pose
no danger - as potential terrorist threats. [Source]
On November 3, the House of Representatives’ held
hearings on the TSA Registered Traveler program. EPIC Executive Director Marc
Rotenberg testified on the problems with the proposed program. He noted the
security watchlists that form the basis for the passenger pre-screening are
riddled with inaccuracies that are often extremely difficult to correct. Rotenberg
also said that the program lacked the necessary privacy protections of the Privacy Act of 1974. This is due to the
fact that Registered Traveler databases are either owned by private companies
that are not regulated by the Act, or
the government databases are exempted from federal laws at the request of the TSA.
Finally, Rotenberg cited the risk of “mission creep” within the Registered
Traveler program. Using Registered Traveler IDs in situations other than
aviation security, as some vendors have suggested, would lead to travelers
being allowed or denied access to any number of venues based not upon their
risk to that venue, but on their supposed risk to aviation. EPIC recommended
that the plan not go forward until these flaws were fixed. Despite these
concerns, representatives on the subcommittee were eager to implement the
system and questioned Director Hawley on the program’s slow development. [Testimony of Witnesses]
[TSA’s Registered
Traveler site] [EPIC’s Spotlight
on Registered Traveler] [EPIC
FOIA Note #8]
House
Democrats and Republicans split sharply last week over how to best protect
consumers’ personal data, as legislation to curb the persistent scourge of identity theft and fraud began to move
on a fast track on Capitol Hill. In a 13 to 8 vote along party lines, a
subcommittee of the House Energy and Commerce Committee approved a bill that would
require information brokers to submit plans for safeguarding private data to
the FTC for monitoring and review. [Source]
[See also NY Times article: Many
Bills, But No Consensus]
47 Attorneys General urged party leaders in the House
and Senate to pass a strong security breach notification law. The letter is in
response to a series of bills that have been introduced to address security
breaches and identity theft at the federal level, many of which are
substantially weaker than existing state law. The Attorneys General argued
quick notification of is necessary because FTC statistics show that the cost
and severity of identity theft are
reduced when victims are informed shortly after their information is misused. The
Attorneys General also called for the ability of consumers to freeze their
credit report, which makes it very difficult for identity thieves to open new
accounts in another’s name. The Attorneys General specified that credit freeze
should be low cost for consumers, free for identity thieves [Huh?], and easy to “thaw” so that consumers
can take advantage of credit offers. [Attorneys
General letter]
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