Privacy News Highlights
09—15 September
2005
Contents:
UK – Biometrics
Roadshow Kicks Off ID Cards Charm Offensive
CA – Study Finds People Uncomfortable with
Government Surveillance
CA – Reid: PS Workers Evade Access Law by
Failing to Keep Records:
CA – Information Commissioner Opposes
Proposed Merger with Privacy Commissioner
AB – Alberta Privacy Commissioner Report
Concerning Use of Credit Checks
US – Study Identifies Generation Y’s Rising Interest in
Insurance Products
US – CIO Insight Interview with EPIC’s Marc Rotenburg
EU – Netherlands Database to Track All Dutch from Birth
EU – Data Retention Bill Divides EU Countries
US – Insurance Companies see Surge in ID Theft Policies
CA – Edmonton Cops “Swamped” with Public
Record Requests
AU – National Gene Database Proposed
US – Health IT Standards Body to be Formed Soon
DU – Hospitals Hacked: 1.2 Million Patient Records
Retrieved
JP – Japan: Zurich Life Insurance Loses Customer Data
US – Mistaken Child-Porn Raid Leads to Lawsuit
UK – Digital Rights Group Sets Up
US – Federal Court Finds Patriot Act Gag On Connecticut
Library Unconstitutional
WW – APEC Privacy Meeting Reports Progress on Regional
Framework
WW – Internet Users Use More Risky Internet Behavior At
Work
AU – Data Protection Laws on Ice
US – Supreme Court Nominee Acknowledges Constitutional
Right to Privacy
US – The Role Of CPOs – How Important Is Privacy To
Overall Corporate Strategy?
US – Teenager Pleads Guilty to Hacking Paris Hilton’s
Phone
US – California RFID Bill Is Resurrected
US – Fort Carson Soldiers' Personal Records Stolen in
Break-in
WW – Personal Data Exposed Via eBay Storage
WW – Sounds from Keyboards Expose Password Weaknesses
US – EPIC Calls for Government Watch List Accuracy
US – EPIC Spotlight: Database Tracks Every Move of
Foreign Students, Visitors
US – U.S. Airlines Install Surveillance Cameras
CA – Canada’s Do-Not-Hesitate-to-Call List
US – Panel: New Rules, Tech Needed for Data Privacy
US – Federal Board Discusses Privacy Act Makeover
US – Federal Bill Introduced to Protect Privacy of
Personal Data Overseas
US – Identity Theft Protection: The New Employee Benefit
The public are being invited to try out the technology
behind the national ID card scheme at the UK Passport Service’s (UKPS)
“biometrics roadshow”. The Home Office-backed roadshow is part of the
government’s latest attempt to convince an increasingly sceptical public that
ID cards will safeguard their identities by raising awareness of biometric
technology. The campaign kicks off at
A Canadian study indicates people 4 years after the
Sept. 11 terrorist attacks are becoming uncomfortable with increased government
surveillance. Dr. Kevin Haggerty, director of the criminology program at the
22 years after access to information became the law in
The federal information watchdog has come out against
the idea of merging his duties with those of the privacy commissioner, saying
it could undermine the two offices. Information commissioner John Reid said
“the public interest would not be served” by moving to one ombudsman for both
functions. “In the single-commissioner model, it is certainly possible that one
value - openness or privacy - would get preferential treatment,” he told a
conference on the Access to Information Act. [Source]
The
Office of the Information and Privacy Commissioner of
38%
of technically savvy men ages 18–24 expressed an interest in identity theft
insurance in 2004 as compared to 19% in 2003, a Vertis study released yesterday
found. The result was gleaned from the Baltimore-based company’s Customer Focus
2005: Insurance study, which surveyed 2,000 adults in August and Sept 2004. The
study found that 25% of women age 25–34 and 23% of women age 18–24 expressed an
interest in identity theft insurance. It also found that 15% of total adults
would consider purchasing identity theft insurance. Though ID theft insurance
has found an interest within the 18-to-24-year-old age group, the study also
found increases of 6–10 percentage points in other insurance products. [Source]
Lax
Protections Hurt Consumers, Business. Extract: Q: How big is the privacy
problem? Rotenberg: …We think that in the 21st century the protection of
privacy is going to be as big a challenge for our information economy as the
protection of the environment was for the industrial economy of the 20th
century. Q: Do people own their personal information? Rotenberg: “from a
common-sense viewpoint, most people would say that they should have the right
to control the use of their personal information… If a bank is trying to decide
whether or not to give you a home mortgage, they’re going to ask you for a
bunch of financial information in order to make a good determination. But to
imagine that means that somehow the bank, in taking that information, has the
right to turn around and sell it to others is, I think, completely wrong. Even
if it is public-record information. Q:
What about the belief that the flow of
personal information between businesses greases the economic wheels of
The
Dutch government plans to open an electronic file on every child at birth.
Beginning Jan. 1, 2007, all citizens will be tracked from cradle to grave in a
single database--including health, education, family and police records –the
Health Ministry said. As a privacy safeguard, no single person or agency will
be able to access all contents of a file. But organizations can raise “red
flags” in the dossier to caution other agencies about problems, A ministry
spokesman said. [Source]
European
Union nations made no progress last week in negotiating a bill that would force
telecommunications companies to keep records of phone and e-mail traffic as
part of the EU’s anti-terrorist campaign. Talks among EU justice and home
affairs ministers stalled over cost and privacy concerns if law enforcement
officials are given access to phone and Internet mailing records.
Communications experts also said retaining vast amounts of telephone and e-mail
traffic could cost the industry $124 million in additional software and other
costs. [Source]
[Source]
Police
attribute increase to publicity on FOIPP:
Researchers
in
Health
and Human Services Secretary Michael Leavitt is expected soon to name the
members of the public-private organization that will set standards to enable
the exchange of health care data... AHIC also will choose the use cases for
which standards will be implemented. Leavitt suggested electronic prescribing
and bio-surveillance as early use cases... Katrina destroyed the paper medical
records of thousands of
In a
hack of two hospitals, computer security experts of ITSX, Fox-IT
and Madison Gurkha retrieved over
1.2 million electronic patient records, i.e., the medical records of 8% of the entire
Dutch population. The hospitals had agreed to the test on condition that their
names would not be revealed. One of the hospitals involved has developed a
regional electronic patient database in which a number of hospitals and general
practitioners co-operate and exchange information over the internet; the other,
an academic hospital, is a participant in the newly developing national
electronic patient database which will be accessible for health care workers,
also using the internet. The experts could retrieve all information regarding
these 1.2 million people: insurance number, address, date of birth, length,
weight, illnesses, history of treatment, past and current medication, etc. The
experts were able to alter or delete this information (but of course refrained
from doing so). The Dutch minister of Health was questioned on the matter a few
days after the hack, and wrote it off to ‘poor internal procedures and
administration’, not to his lack of investment in a solid infrastructure.
Considering that all medical information is stored unencrypted, that hospitals
use uncompartimentalised database systems (which allows all databases - and
thus, all intruders – to freely exchange information), and often only rely on
firewalls against outside invasion, developing a more robust system will only
be possible if serious financial commitments will be made. [Source]
Zurich
Life Insurance Co. said on Sept. 2, 2005, that its Japanese branch has lost
some 1,200 pieces of customers’ personal data stored in dossiers and on a
CD-ROM disk. The data include applications that policyholders submitted between
1997 and 2005 to claim insurance payouts and other benefits, Zurich Life said
in a statement. The insurer, a unit of Zurich Financial Services Group of
A
A
UK-based digital-rights organisation, Open Rights Group (ORG), has been formed
to tackle European and British legislation which could threaten digital and
civil freedoms. ORG will serve as a hub for other cyber-rights groups
campaigning on similar digital rights issues and follows in the footsteps of
the
A
federal judge has ruled unconstitutional a Patriot Act gag order preventing an unnamed
Connecticut librarian from speaking out on the receipt of a National Security
Letter (NSL) demanding patron library records. In a further twist, however, the
court immediately stayed its ruling until September 20 to give the government
time to prepare an appeal. On August 31, government attorneys argued that the
FBI, which served the NSL, needed the gag to preserve an ongoing investigation
and that the recipient of the letter was still free to speak on the Patriot
Act--just not to divulge its identity. U.S. District Court Judge Janet Hall,
however, rejected that argument, and found that the provision, which gags those
who receive an NSL, as overly broad. “The government may intend the
non-disclosure provision to serve some purpose other than the suppression of
speech,” Hall wrote. “Nevertheless, it has the practical effect of silencing
individuals with a constitutionally protected interest in speech and whose
voices are particularly important in an ongoing national debate about the
intrusion of governmental authority into individual lives.” [Source]
A
regional framework for the protection of personal information in cyberspace has
moved a step closer as a result of discussions at the Asia-Pacific Economic
Co-operation meeting in
An
online survey of 1,200 corporate computer users found that two in five, or 39%,
believe their IT department will prevent them from spyware attacks or phishing
scams at their desks. As a result, net security firm Trend Micro found that
computer users are more apt to click through to suspicious links or visit
questionable Web sites at work. [Source]
In
tough questioning before the Senate Judiciary Committee, Judge John G. Roberts
Jr. said during the confirmation hearing that there is a right to privacy in
the liberty clause of the 14th Amendment. Roberts added that all current
Supreme Court justices would agree that there is a right to privacy “to some
extent or another.” [Source]
A
report on privacy professionals finds that it is difficult to obtain
information on how many companies employ CPOs. While it is easier to find
information on corporate privacy policies, identifying the professionals is
more elusive. The best snapshot of data comes from the “2005 Benchmark Study of
Corporate Privacy Practices,” released in July by the Ponemon Institute and
Vontu. According to the report, 69% of respondents employ a privacy
professional compared to 67% in 2003. However, only 41% of these privacy
professionals are dedicated fully to privacy issues. [Source]
A Massachusetts
teenager has pleaded guilty to hacking into the cell-phone account of hotel
heiress and Hollywood celebrity Paris Hilton, a high-profile stunt by the
youngest member of the same hacking group federal investigators say was
responsible for a series of electronic break-ins at data giant LexisNexis. The
17-year-old boy was sentenced to 11 months’ detention at a juvenile facility
for a string of crimes that include the online posting of revealing photos and
celebrity contact numbers from Hilton’s phone. [Source]
A
California State Senator has resurrected legislation that was shelved after an
intense anti-privacy lobbying effort. The bill SB 682, was held by the Assembly
Appropriations Committee, effectively ending its chances of passage this
year. But Sen. Joe Simitian (
The
Army said Monday that thieves stole computer equipment containing Social
Security numbers and other personal records of a number of soldiers, some of
whom are serving in
Disklabs
bought... most contained some kind of confidential or personal data” [Source]
A new
security vulnerability has been discovered: the clickety clack of the keyboard.
An audio recording of an individual's typing can be transposed into a
transcript of what was typed, according to
In
comments to the FBI, EPIC has urged the agency not to expand the
[EPIC’s
Comments to the FBI] [Background Info]
EPIC’s
September “Spotlight on Surveillance” scrutinizes the Student and Exchange
Visitor Information System (SEVIS), a Homeland Security program. SEVIS is also
a part of the US-VISIT program, which has been criticized as flawed. Through
SEVIS, the federal government is accumulating a massive amount of data on
foreign students and exchange visitors, such as biographical information of the
student or exchange visitor and their dependents (name, place and date of
birth, spouse and children’s data); academic information (status, date of study
commencement, degree program, field of study, institutional disciplinary
action); and employment information (employer name and address, employment
beginning and end dates). The stated goals of SEVIS are related to immigration
and education; however, the database is also available to other federal, local,
state, tribal and foreign agencies, as well as immigration and education
agencies. SEVIS represents a massive surveillance system that monitors and
tracks students and exchange visitors at all times. [September
Spotlight on Surveillance]
JetBlue
and Sun Country airlines have installed surveillance cameras that allow pilots
to monitor passengers in an effort to avert a hijacking. The combination of
bulletproof doors and the ability to see an attack from the cockpit will give
pilots a better chance to make an emergency landing, airline spokesmen said.
The technology was installed with little fanfare after JetBlue tested the
systems using a post-September 11 Federal Aviation Administration grant
distributed in 2002. Sun Country announced its camera system in August. Nearly
one dozen airlines received federal grants to test the systems for future use
and it is not mandated by the FAA. Privacy advocates generally oppose the use
of surveillance cameras, which they contend is not an effective tool against terrorist
attacks. Guidelines, they said, are needed to ensure surveillance cameras
aboard aircraft do not violate a passenger’s privacy. [Source]
Michael
Geist’s Lawbytes column reviews efforts to establish a do-not-call list in
The
feds need new privacy rules and technological methods to police their use of
personal data from contractors like ChoicePoint and Acxiom, representatives
from within and outside the government suggested Friday... The best protection
against privacy intrusions is “for the government not to have the data for any
long amount of time,” O’Connor Kelly said. “Let’s use basic holding and
processing constraints to limit the government’s access to data, whatever the
source.” [Source]
Government
and industry privacy experts met on September 13 to discuss a policy and legal
framework for updating the 1974 Privacy
Act. A few noted that 30 years have produced new technologies and threats
that were not foreseen when the law was enacted. Members of the Information
Security and Privacy Advisory Board (ISPAB) proposed coordinating their efforts
with the Homeland Security Department’s Data Privacy and Integrity Advisory
Committee. Both committees advise federal agencies that are responsible for
privacy policies and regulations. Franklin Reeder, ISPAB’s chairman, said he
doesn’t know of any lawmakers who are eager right now to undertake a sweeping
review of federal information privacy laws. “What we see on the legislative front
are a lot of shotgun solutions,” largely in response to a series of security
breaches involving commercial databases, he said. But Reeder said advisory
committees, such as ISPAB and DHS’ privacy committee, could play a useful role
by creating a framework of new policy ideas about data privacy. “When the
political system decides it wants to do something, it will at least have
something to go to,” he said. ISPAB members gathered in
With
customer service and backroom data operations moving offshore, often to
countries that have a poor record for privacy protection,
Employers are
unveiling a new benefit: identity theft protection. Employers are buying
insurance policies that help employees prevent identity theft or recover from
it. The plans offer 24-hour telephone assistance, a case manager and reimbursement
of a maximum $25,000 for lost wages or other expenses. [Source]
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