Privacy News Highlights
16–22 February 2007
Contents:
UK – All UK ID
Cardholders Could Have Fingerprints Checked
US – Driver’s License Photos Emerge as Crime-Fighting
Tool, Privacy Advocates Worry
CA – New Ontario Licence May Double As
Passport
CA – Privacy Czar Balks at Sharing Voters’
Birthdates
CA – Privacy Attorneys: Negligence Class
Action Suits Likely
US – Banking System May Be a Model for Medical Record
Storage
US – NIST Recertifies Open Source Encryption Module
EU – Europe Plans to Track Phone and Net Use
UK – Privacy Row: 439,000 Phone And E-Mail Taps
UK – Sex Offenders' Register to Include Senders of
Indecent Email
AU – Membership-Based Directory Tracks Poorly Behaved
Hotel Guests
US – Ponemon Announces 2007 Privacy Trust Rankings of Gov't
Agencies
EU - European Council Backs Plans to Extend DNA Data
Sharing
CA – BC e-health EMR RFP Issued
WW – The TJX Breach: It's Even Worse Than They Thought
US – Conn. State Workers’ Info Ends Up On Web
AU – Passenger Lists From Ocean Cruise Ships Found On
Footpath
UK – ID Cards: Tony Blair Responds to 28,000 ‘Anti’
Petitioners
AU – Australia Crucial ID Card Systems Lagging
US – Michigan State May Introduce “Dual Purpose” License
US – Study Finds Lower Turnout in States Requiring Voter
ID
WW – Sxip Identity Delivers On-Demand Identity Management
for Google Apps
US – AT&T Whistleblower Wins EFF Award
US – Judge Limits New York Police Taping of Protests
US – FTC Settles with Direct Revenue and its Principals
for $1.5 Million
WW – Google Shuts Hole in Desktop Product
AU – Australia Women Wary of Domestic Violence "Name
and Shame"
IN – India Airports Dump Backscatter X-Ray Machines
US – Arizona Field Tests Begin on Backscatter X-Ray
Machines
US – Feinstein to GAO: Investigate E-voting System
US – Magistrate Judge to Decide if Couple Will Be
Prosecuted for ‘Stalking’ Officer
US – 8th Circuit Upholds Conviction in Acxiom
Data-Theft Case
US – U.S. Borders Axe RFID Security
US – Washington State Lawmaker Files Bill To Limit RFID
Uses
CA – Canadian Internet Users “Enthusiastic”
About RFID in Grocery Stores: Poll
US – NIST Releases Info Security Documents
CA – 2/3 of IT Security Professionals Say
Data Less Secure Than Two Years Ago
CA – Q1 Labs, UNB, and the Gov’t of Canada
Form Info Security Center of Excellence
AU – Australia Smart Card Personal Data ‘Easily
Accessible’: Task Force
US – Many HSPD-12 Cards Fail Their First Test
KR – Korea CCTV Regulation Eyed for Privacy
CA – Toronto CCTV: The Politics of Privacy
EU – Air Liner Surveillance: CCTV in Every Seat
UK – London Motorists 'Being Tracked By Police'
US – U.S. Official Admits to Big Delay in Revamping
No-Fly Program
US – US-VISIT Has Not Met Expectations; Longstanding
Challenges Remain: GAO
US – ACLU Issues Real ID “Scorecard” Checklist for Evaluating
Regulations
US – California Introduces Security Breach Bill to
Protect Patient Records
US – New Hampshire Law to Prohibit Listing Cell-Phone
Numbers
Orindary citizens forced to sign up to the UK government’s
identity-card scheme will be treated as potential criminal suspects when their
fingerprints are checked, in a bid to solve 900,000 crimes. In an e-mail to
28,000 signatories petitioning the Prime Minister to drop the controversial
identity-card scheme, Tony Blair confirmed that police would be able to ask Identity
and Passport Service staff to check all fingerprints on the biometric database.
[Source]
The
The federal Privacy Commissioner is criticizing a bill
that would provide the birthdate of electors to political parties, which could
then use the information to send birthday cards or target their fundraising efforts
to specific age groups. In a letter to NDP MP Paul Dewar, Privacy Commissioner
Jennifer Stoddart said that Bill C-31 is designed to prevent electoral fraud,
and that providing personal information to political parties is unnecessary. “I
fail to understand how the disclosure of birth information in this way would
contribute to protecting or improving the integrity of the electoral process,”
Ms. Stoddart said in the letter. “Providing date-of-birth information to
politicians for the purpose of target marketing of constituents is neither a
use consistent with protecting the integrity of the electoral system nor a use
that a person would reasonably expect when registering to vote.” [Source] [NDP
to filibuster voter photo ID bill] [Bill C-31]
Mark Hayes, a partner at Blake Cassels & Graydon
LLP, said during an Ontario Bar Association Institute meeting that security
breaches will likely lead to negligence class action lawsuits. However, class
action lawsuits are uncertain because damages remain unclear, Hayes said.
Recent incidents involving the personal information of Canadians have led to an
examination of how to handle privacy breaches. Participants also discussed the
public policy question of whether breach disclosure was the right approach,
with some proponents of notification saying consumers have the right to know
when their information has been exposed and others decrying the impact of notification
overload. [Source]
Medical providers are experimenting with regional
networks for storing patient medical records, though security questions remain.
Johns Hopkins School of Nursing professor Marion J. Ball said she thinks the
banking system might be a good model for keeping medical record storage under
control. “There’s a whole major movement in this country to see how we can move
information from one network to another,” she said. Questions include how to
secure the information and protect the patient’s privacy, but she said the
biggest issue is, “Who owns the information? Is it the patient, is it the
doctor who makes the diagnosis, is it the insurance company who paid for it?” In
an article published recently in the IBM Systems Journal, Ball proposed a
private-industry standard where patients control who can access their information,
and how much. The system could pay for itself by mining nonidentifying data to
sell to researchers, drug developers and private industry, Ball said. [Source]
The National Institute of Standards and Technology has
recertified the OpenSSL open source encryption module. OpenSSL once again is
compliant with Federal Information Processing Standard 140-2 Level 1 standard,
according to the Open Source Software Institute (OSSI) of
European governments are preparing legislation to
require companies to keep detailed data about people’s Internet and phone use
that goes beyond what the countries will be required to do under a European Union
directive. In
Almost 450,000 requests were made to monitor people’s
telephone calls, e-mails and post by secret agencies and other authorized
bodies in just over a year, the spying watchdog said this week. In the first
report of its kind from the Interceptions of Communications Commissioner,
it was also revealed that nearly 4,000 errors were reported in a 15-month
period from 2005 to 2006. While most appeared to concern “lower-level data”
such as requests for telephone lists and individual e-mail addresses, 67 were
mistakes concerning direct interception of communications. Sir Swinton Thomas,
the report’s author, described the figure as “unacceptably high”. The
disclosures came as Tony Blair admitted that the fingerprints of everyone obtaining
identity cards could be checked against nearly a million unsolved crimes. Human-rights
campaigners described the twin revelations yesterday as signs of a “creeping
contempt for our personal privacy”. [Source]
[Surveillance figures could mask
bugging of millions] [Coverage]
The sending of emails of a sexual nature could earn
the sender a place on the sex offenders' register under changes to existing
legislation that came into force today. An Order has amended the Sexual Offences Act of 2003 to make it
possible for offences which are not primarily sexual in nature to be punishable
by a sexual offences prevention order (SOPO). [Source] [The Sexual Offences Act
2003 (Amendment of Schedules 3 and 5) Order 2007]
Hotel, motel and vacation home operators in
Privacy and information management research firm the
Ponemon Institute released its 2007 Privacy
Trust Study of the United States Government. The report ranks from most- to
least-trusted 74 federal agencies known to collect information on individuals.
In its third year, the Privacy Trust Study of the United States Government
seeks to determine and track public perceptions related to the ability of
public institutions to safeguard citizen's privacy and personal information. Data
generated from the study is evaluated and ranked using the Ponemon Institute's
Privacy Trust index and assigned a privacy trust score. According to the
Ponemon Institute, the five most trusted federal agencies are: 1. U.S. Postal
Service: 83%; 2. Federal Trade
Commission: 80%; 3. Bureau of Consumer
Protection: 79%; 4. National Institutes
of Health: 71%; 5. Census Bureau: 68%. The
five least trusted federal agencies, according to the Ponemon Institute study:
1. National Security Agency: 19%; 2. Central
Intelligence Agency 21%; 3. Department of Homeland Security: 22%; 4. Office of
Attorney General: 23%; 5. Transportation Security Administration: 25%
[Source] [Press Release]
The European Council has backed plans to extend a
Germany-Austria police database across
The BC provincial government and the BC Medical
Association have announced a new initiative intended to help physicians implement
electronic medical records. A request for proposals has been issued on the BC
Bid website seeking vendors to supply electronic medical records to physicians
across B.C. [Source]
TJX Companies released this week some
of the findings from its investigation into the massive security breach it
announced last month that indicated the problems go back much earlier than last
Christmas. The breach is believed to have occurred between May 2006 and
mid-December of 2006, but the report states that the investigation has
unearthed other, earlier breaches, including several incidents in 2005. TJX discovered
the most recent intrusion in December and reported it to authorities in the
More than 1,700 state workers recently learned that
some of their personal information, including their names and SSNs, had been
inadvertently posted on the Internet. The information on the website for the
state Department of Administrative Services may have been there since October
2003. The employees were notified by letter just last week. State officials
apparently learned of it last month when a state worker found his name on a
site. “With all the attention that has been given to similar losses of data at
the Veterans Administration and at banks and universities, I would have thought
somebody would have been a lot more careful with that information,” said one of
the 1,753 state employees who received one of the letters. [Source] [Source]
A confidential list of 1500 passengers aboard one of
two massive ocean liners to visit
Tony Blair has written an emailed reply to more than
27,000 people who signed a petition against the introduction of identity cards.
People who get identity cards will have their fingerprints checked against
those found at the scene of nearly a million unsolved crimes, Tony Blair said. Responding
to the petition, Mr Blair said the biometric recognition details, such as
fingerprints, would be entered on a new National Identity Register. Mr Blair’s
email appears to contradict an assurance given by Tony McNulty, a Home Office
Minister, when the legislation was going through the Commons in 2005. Mr
McNulty said there were safeguards against state agencies “for want of a better
phrase, going fishing in the database’’. The Conservatives are committed to
scrapping the ID card scheme, which they claim will cost at least pounds 5
billion. [Source] [ID
cards ‘will allow crime fingerprint checks’] [Blair under
fire over police access to ID card database]
No decisions about which identity documents will meet
the tough standards for an Access Card have been taken, and the Document
Verification Service will not be operational until 2010. These revelations came
as senior officials were forced into embarrassing admissions during Senate
Estimates questioning last week. Attorney General’s Department deputy secretary
Miles Jordana said the $25 million DVS was on track for delivery in 2010, and
there was “no expectation” that the full system would be available for initial
access card enrolments. Under the Government’s timeline, almost 17 million
Australians will be registered between April 2008 and early 2010. After 2010, a
card will be needed to access Medicare and other welfare benefits. [Source]
States that imposed identification requirements on
voters reduced turnout at the polls in the 2004 presidential election by about
3%, and by two to three times as much for minorities, new research suggests.
The study, prepared by scholars at Rutgers and
Sxip Identity has announced the availability of Sxip
Access for Google Apps. An identity and access management solution for Google
Apps(TM) Premier Edition, Sxip Access extends the access privileges, security
policies and manageability of the corporate network to the online world. More
specifically, Sxip Access ensures additional: - Control - maintain centralized
user control by tightly integrating with existing corporate directories,
increases IT efficiency and reduces management costs - Security - instantly create,
modify or revoke user access to Google Apps, protects critical data and
mitigates risks from unauthorized access - Productivity - seamless access to
Google Apps with no additional usernames and passwords, improves user
experience, promotes application uptake and utilization [Source]
Whistleblower Mark Klein will get some well-deserved
acknowledgement when he receives a James
Madison Freedom of Information Award next month. The award could hardly
find a more deserving recipient — Klein is the former AT&T technician who
exposed the extent of the government’s warrantless wiretapping program. In
early 2006, Klein came forward with internal AT&T
documents that show the company cooperated with the NSA’s secret program to
eavesdrop on internet communications, in violation of federal wiretapping laws
and the Fourth Amendment. Klein’s evidence demonstrates that in at least one of
AT&T’s facilities, internet traffic was diverted to a secret, secure room
to which only the NSA had access. All of the documents have been used in EFF’s court case, which is currently
under review by the Ninth Circuit Court of Appeals and a portion have been made
broadly available on the internet since April, 2006. In the words of EFF Staff
Attorney Kurt Opsahl, Klein is “a true American hero.” This public recognition
of his bravery in defense of the public’s right to know is richly deserved. [Source]
In a rebuke of a surveillance practice greatly
expanded by the New York Police Department after the Sept. 11 attacks, a
federal judge ruled this week that the police must stop the routine videotaping
of people at public gatherings unless there is an indication that unlawful
activity may occur. In yesterday’s ruling, Judge Haight, of U.S. District Court
in
DirectRevenue LLC and four of its principals have
agreed to settle FTC allegations that they used unfair and deceptive methods to
download adware onto consumers’ computers and then obstruct them from removing
it, in violation of federal law. The settlement bars future downloads of
DirectRevenue’s adware without consumers’ express consent and requires
DirectRevenue to provide a reasonable and effective way for consumers to locate
and remove the adware from their computers. The settlement also requires
DirectRevenue to pay $1.5 million. [Source]
See also: [FTC
chief: Pop-ups and adware are bad business]
A potentially devastating hole in Google’s prevalent
desktop search product could have exposed personal files on users’ computers to
data thieves. Google fixed the defect within weeks of being informed about it
and says it has no evidence the vulnerability was exploited. The flaw was
uncovered late last year by Watchfire Corp., a security-analysis provider.
While the vulnerability exists in roughly 80% of Web applications, this problem
appeared far more extreme “given the sensitive nature of what Google Desktop is
doing,” said a researcher at Watchfire. [Source]
[Watchfire
security analysis]
The
Premier's plan to "name and shame" the perpetrators of domestic
violence has run into immediate opposition - not from men, but women. If a violent
husband is named and humiliated publicly, few may have sympathy for him. But
his battered wife and their children would be named – and shamed - at the same
time, critics say. Morris Iemma announced yesterday there would be a new law
for a "specific new offence" of domestic violence. He said
"offenders will no longer be able to hide behind assault charges"
and, if convicted, would be exposed as "the cowards they are". But
the Women's Electoral Lobby branded this as a "simplistic and sensationalist"
response to a complex problem. "Often women have spent years concealing
the violence in their lives, and as a result of that violence in their
relationships they often suffer from very low esteem," said the lobby's
spokeswoman, Sarah Maddison. "The prospect of that very private aspect of
their lives becoming part of a naming and shaming circus would be a deterrent
for many to come forward." Then there is the humiliation in the schoolyard...
[Source]
See also: [Ontario Government
website targets Ontario's 'deadbeat' parents]
Indian airports have ditched high-powered X-ray
surveillance that offers near-naked images of passengers amid fears of protests
over privacy abuse, officials said last week. The Central Industrial Security
Force (CISF), which guards Indian airports, said a single Backscatter X-ray
device imported from the
An X-ray machine aimed at detecting weapons and
explosives hidden on passengers is scheduled to make its debut Friday at
During the 2006 election in
A
The 8th U.S. Circuit Court of Appeals has upheld the conviction
and 8-year prison sentence given to a
The U.S. Department of Homeland Security is now looking
to alternative technologies for its border security system after RFID tags
failed to work as expected in a 15-month test. The department is now looking to
options such as biometric technologies that will be used to track foreign
visitors passing through checkpoints when they exit the
Rep. Jeff Morris has filed a bill
that includes some of the nation’s tightest restrictions on RFID. The bill
would prevent the technology’s use to track people through tiny tags affixed to
goods they buy. The bill would require product labeling to notify consumers
about the presence of the tags and notification of consumers if the item is
able to transmit personal data. Consumers also would have to be informed about
how they can deactivate the transmitter. Technology companies oppose the bill,
saying it would stifle innovation when they already are committed to protecting
customers’ privacy. [Source]
[House
Bill 1031] [Coverage]
Canadian Internet users are ready to embrace RFID
technology not only in their grocery stores, but also in their homes, and while
they mention safety, privacy and security as concerns, they are more worried
about the cost of RFID and that it might not work properly, a new poll conducted by TNS
Canadian Facts reveals. As the technology is introduced in grocery stores,
consumers will be able to roll their entire shopping cart onto a platform and
all items would be scanned simultaneously and rung up quickly. [Source] [Coverage]
[Coverage]
[Coverage]
[Coverage]
On 12 February, the National Institute of Standards
and Technology (NIST) published two new interagency reports designed to help
auditors, inspectors general and senior management understand and evaluate
information security programs. NISTIR 7359, titled “Information
Security Guide for Government Executives,” is an overview of IT security
concepts that senior management should grasp. NISTIR 7358, titled “Program
Review for Information Security Management Assistance (PRISMA},” lays out a
standardized approach for measuring the maturity of an information security
program. On 20 February, NIST released the following final publications: SP 800-45
Version 2, Guidelines on Electronic Mail Security ; SP 800-94, Guide to
Intrusion Detection and Prevention Systems (IDPS) ; and SP 800-97, Establishing
Wireless Robust Security Networks: A Guide to IEEE 802.11i SP 800-45 Version 2.[Source] [Source]
Even IT security professionals are pessimistic about
the security of personal data in this digital age, according to a new nCircle survey.
The survey noted that 66% of the 83 IT professionals polled said their data was
less secure than it was two years ago. “IT security professionals see online
data attacks every day and they know that no-one’s data is secure,” said
nCircle senior researcher Sheldon Malm in a statement. “IT professionals are
keenly aware that most organizations adopt a defensive approach to data security
which is an incomplete solution that leaves both data and organizations
vulnerable.” [Source]
See also: [Auditors
stress importance of data security to TSP officials]
Q1 Labs, a network security management company, and
the University of New Brunswick (UNB) in
Sensitive personal information stored on the Australian
proposed health and welfare smart card will be easily accessible to anyone with
a card scanner, a Government-appointed
taskforce has found. Private health and contact information will become “effectively
a public and relatively easily accessible record”, the taskforce warned this
week. The controversial card will replace the Medicare card and become compulsory
for any Australian who wants to access up to 16 other government health and
welfare services. The Government believes the micro-chipped access card is a must
to secure Australian citizens against burgeoning card fraud. Under its plan,
electronic space on the card would also be made available for cardholders to
store personal information that could be used in medical emergencies. Former
human services minister Joe Hockey has said that next of kin and doctor
details, allergies, chronic illness and organ donor and immunization status
could be stored on the card. But the Access Card Consumer and Privacy Taskforce
this week raised concerns that private information about individuals, such
whether they suffer from epilepsy or diabetes, would be available to anyone
with a card reader. [Source] [Source] [Australian Privacy
Task Force to Investigate Security Issues] [Source]
[Source]
[Source]
[Task Force website] [Report]
A majority of the identification cards agencies issued
to meet Homeland Security Presidential Directive-12 fell short of complying
with the federal standard and must be retested. Industry and government officials
confirmed that most cards issued in October had an assortment of problems-some
of them major, such as a lack of interoperability, and some minor, such as
using the wrong shade of blue on the card. “There were over 100 tests the
General Services Administration performed, but the most important one was for
basic interoperability,” said one department official close to the HSPD-12
process, who requested anonymity. “We knew we wouldn’t pass because we have our
own testing tool and we were having specific issues [other than
interoperability]. But we didn’t necessarily fail because, to me, [failing]
means they weren’t interoperable, and they were.” The official said many of
that agency’s problems were due to not meeting the standard’s “persnickety”
requirements. [Source]
The government plans to employ tighter restrictions on
the use of close circuit television (CCTV) cameras in public spaces over
privacy concerns. According to plans announced by the Ministry of Government
Administration and Home Affairs Wednesday, policymakers are also considering
lowering the voting age to 19 for local elections as they prepare to introduce
recall elections in July that allow voters to remove an elected official from office.
``We expect to produce legal guidelines by the end of the year that will regulate
the installment and use of CCTV cameras to protect the privacy of individuals
and reduce infringements,'' said Home Affairs Minister Park Myung-jae in a news
conference at the central government complex in
Tiny cameras the size of a fingernail linked to
specialist computers will be used to monitor the behaviour of airline
passengers as part of the war on terrorism. Fitted to seat-backs, the cameras
will record every twitch or suspicious movement before sending the data to
onboard software that will check it against individual passenger profiles. Scientists
from
Hundreds of motorists have been tracked through
The federal takeover of checking passenger names against
terrorist watch lists, a top priority for aviation officials since the 2001
terrorist attacks, is not expected to be complete until 2010, more than five
years behind schedule, a top Department of Homeland Security official
acknowledged this week. The delay in the timetable is the latest setback in a
long-promised program intended to enhance aviation safety, while reducing the
number of passengers mistakenly identified as possible terrorists. The agency's
administrator, Kip Hawley, said in an interview Tuesday that after spending a
year re-examining Secure Flight, officials have come up with a way to reduce
mistakes, protect privacy rights and achieve the reliability needed to screen
some two million passengers who fly each day. It will cost some $80 million
more in the next year and a half to develop the enhanced system, which will
then require more than a year of testing, resulting in the estimate that it
will be in full use sometime in 2010. Officials would not release an estimate
of how much they expected to spend before the system was complete. [Source]
The Department of Homeland Security (DHS) is investing
billions of dollars in its U.S. Visitor and Immigrant Status Indicator
Technology (US-VISIT) program to collect, maintain, and share information on
selected foreign nationals who enter and exit the
The American Civil Liberties Union this week released
a "scorecard" for evaluating Real ID Act regulations that are
expected to be released soon by the Department of Homeland Security (DHS). The
rules will provide the states with precise instructions on how to implement the
act, which seeks to create a backdoor national identity card system by
federalizing state driver's licenses. ACLU’s Barry Steinhardt said that when
the regulations are released, the ACLU will fill in the scorecard and rate the
degree to which the regulations succeed. DHS Secretary Michael Chertoff has
indicated that the regulations would be released before the end of February.
They will then be subject to a public comment period. [Source] [ACLU Real ID scorecard] [Comprehensive and up-to-the-minute
information on Real ID Act] See also:[Arizona State Senate
OKs Complaint About Real ID Law] [State
senator wants Maryland to oppose federal REAL ID Act]
Speaker pro Tempore Sally Lieber (D-San Jose)
introduced legislation this week that requires companies to disclose all
security breaches of a person's electronic medical or health care records in
order to protect patients from identity theft and inappropriate use of their
private medical records (Assembly Bill 512). "Victims of medical identity
theft have more to worry about than financial problems-their physical health
and future insurability is at risk as well." said Lieber. "If someone
steals and uses your medical identity that person's information, including
different blood type, allergies, prescriptions and medical conditions will then
end up on your health records" Lieber explained. [Source]
Rep. Neal Kurk, R-Weare, and Rep. James Phinizy,
D/R-Acworth, are sponsoring legislation to protect people who do not want their
cell-phone numbers published. The pending bill, which would take effect Jan. 1,
2008, would allow a customer to bring action for damages against someone for
publishing his or her cell-phone number without written permission. The
plaintiff could sue for the amount of damage caused to them or $1,000,
whichever is greater. [Source]
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