Privacy News Highlights
12–19 January 2007
Contents:
UK – School
Fingerprinting Guide Due; UK Commissioner Says It’s “Too Late”
US – New Mexico - Albuquerque to Fingerprint All School
Volunteers
UK – Concern as Innocent People’s DNA on File
CA – Canada Mum On Giving U.S. No-Fly Names
CA – Prime Minister Harper Welcomes New Federal
Information Commissioner
CA – Privacy Commissioner’s Office Launches Fourth Annual
Privacy Research Program
CA – CIPPIC Releases White Paper on Data Security Breach
Notification
US – Survey: Consumers are Concerned About Health Privacy
and Protection
US – Survey: U.S. Consumers Taking Steps to Stymie ID
Theft
WW – Survey: Online Consumers Growing Less Concerned
About Privacy
UK – UK Proposes Sharing Data Among Government Agencies
UK – Information Commissioner Warns Against Data Sharing
Plan
US – Vast Data
Collection Plan Faces Big Delay.
UK – MI5 Takes Steps to Improve Security Alert eMail
System
EU – 30 Percent of Large UK Companies Still Sending Spam:
Study
US – Federal Government Pushes Full-Disk Encryption
EU – EU Satisfied With Passenger Data Sharing Program
EU – EU Officials Accept US Data Collection Program;
Privacy Groups Don’t
EU – January 28 is EU Data Protection Day
UK – UK’s New Fraud Act Takes Effect
WW – Report Released on Online Identity Theft Trends
US – Data Collection Program Faces Big Delay
AU – Australia FOI Requests Costs Hit $24.9 Million
CA – WikiLeaks Website for Whistleblowers Promises An
Encrypted Data Trail
US – President Bush Urges Congress to Approve Genetic
Privacy Bill
AU – Privacy Blueprint Released for e-Health; One Month
to Submit Feedback
CA – CIBC Loses Info on 470,000 Canadians; OPC
Investigates
US – Discount Retail Giant TJX Announces Data Breach
US – Florida Woman Pleads Guilty to ID Theft, Other
Charges
CA – Children 12 and Older Need ID for Flights
EU – eGovernment and Electronic ID Are German EU
Presidency Priorities
WW – PayPal to Roll Out Another Layer of Authentication
WW – MySpace to Offer Parental Notification Software
AU – Privacy Fears over Australian Plan to Share
Taxpayers’ Details
US – Virginia Gov. Floats Do-Not-Sell (Personal Data)
List
US – HP Spy Probe Investigator Pleads Guilty
WW – Human Tracking Experiment Generates Discussion at
Berlin Conference
WW – Companies Should Consider How to Handle Employee
Blogging
WW – Corporate Security Hole: Employees Forwarding eMail
to Personal Accounts
US – NIST Releases Updated Security Controls for Federal
Information Systems.
AU – Privacy Concerns Raised Over Australias’ Social Services Card
US – White House Agrees To Submit Wiretapping To Panel
Review
US – Arizona Police Using Automatic License-Plate
Recognition Technology
US – Senators Want Federal Use of Data Disclosed
US – “National Security Letters” Used To Examine
Americans’ Financial Records
US – War Protesters Listed in Defense Department Database
US – Bush Signs Bill to Ban Deception (“Pretexting”) to
Obtain Phone Records
US – U.S. Senators Introduce Legislation to Protect
Consumers From ID Theft
US – Oklahoma Residents Have New Security Freeze Law
US – Massachusetts Lawmakers Continue to Push for
Security Breach Notification
US – Virginia Lawmakers Introduce Privacy Bills
New guidelines for schools on fingerprinting pupils
are to be issued by the
The City of
The UK Government has defended its policy on retaining
the DNA profiles of innocent people after it came under criticism from an Essex
MP, who claimed keeping genetic data from people who had been arrested by
police but then cleared of wrongdoing was a breach of their civil liberties.
But this week the Home Office claimed that, nationally, the practice of keeping
hold of genetic information from people who had been arrested but not
convicted, cautioned or reprimanded had allowed matches with more than 3,000
crime scenes - including 37 murders, 16 attempted murders and 90 rapes. It came
after Home Office Minister Joan Ryan revealed that as of November last year,
Essex Police had submitted the profiles of 86,385 people to the National DNA
Database. Of these, 12,641 had not been convicted of any crime. However, this
figure also included those who had been arrested and charged but were still
awaiting trial, she added. “I am concerned that there are up to 12,641 people
registered with their DNA on the database in
The federal government refuses to say whether it plans
to share names and information from Transport
Prime Minister Stephen Harper this week welcomed
The Privacy Commissioner of
CIPPIC released a White Paper last week on data
security breach notification. They are calling for a California-type law that
requires organizations to notify individuals when certain security breach
criteria (e.g., type of information exposed, reasonable belief of unauthorized
acquisition, can be read by unauthorized acquirer) are met. [Source] [Experts
welcome call for security breach notification law]
Risk
to Life and Health, Altered Medical Records and Loss of Confidentiality Rank
Among Top Fears Related to Medical Identity Theft: A robust 98% of consumers
believe that healthcare organizations have a responsibility to protect patient
medical records however, only 40% of consumers feel confident that their
healthcare providers are able to secure their medical records. This is
according to a survey report released today by EpicTide, a provider of security
solutions for the healthcare industry. [Source] [Report]
More than 7 in 10 Americans have taken steps to
protect their identities, a poll released Friday noted, indicating that
although consumers may be worried about ID theft, they're not waiting to be
targeted. According to the Wall Street Journal/Harris Interactive poll, 73% of 2,100
Consumers are seemingly becoming more comfortable with
information they provide to online retailers in exchange for improved service
and personalization. In a new “Personalization
Survey” from ChoiceStream there has been a 24% increase in the number of
people willing to share demographic information over the past year bringing the
total to 57% of all respondents. The survey also revealed that consumers are
willing to allow Web sites to track their clicks and purchases showing a 34% increase
over last year. “Consumers are overwhelmed with the vast array of content and
choices coming at them every day online. They want guidance, even though they
want the freedom to make their own choices and to explore the data if they want
to,” said Esther Dyson, an advisor to ChoiceStream. Concern over security and
privacy still exist among online consumers. The survey showed a one percent
decline in 2006 with 62% saying they were concerned about their personal information
online. [Source]
[Survey]
The
The Information Commissioner’s Office, the
The Treasury Department reported to Congress this week
that a data-collection program to give counterterrorism analysts routine access
to as many as 500 million cross-border financial transactions a year could not
be implemented until 2010. The department had hoped to implement it by the end of
this year. The Cross-Border Electronic Funds Transfer Program was part of the 2004
Intelligence Reform Act, and Congress directed the Treasury secretary to
determine if the program would be effective in tracking terrorist financing. In
a report to Congress to be released today, the
Treasury Department concluded that the program was technologically feasible and
has value, but said it needs to determine whether the counterterrorism benefit
outweighs banks’ costs of compliance and to address privacy concerns. The
program is opposed by bankers, who view it as burdensome and invasive. [Source]
[FINCEN Report]
MI5’s recently launched email alert service to keep
people informed of changes in the national security threat level has come under
fire in recent days for information privacy concerns. The service was apparently
sending unencrypted registration information to a
A study of EU Directive on Privacy and Electronic
Communications compliance among large
Businesses need to follow the federal government’s
lead in reducing data breaches by holding employees responsible and examining
full-disk encryption (FDE) products. It’s not often that anyone points to the
federal government as a role model for security. Government employees in the
last 18 months have shown an alarming talent for finding new and creative ways
to disclose personal information about active-duty military personnel, veterans
and everyday citizens. They leave laptops and desktops lying around for thieves
to pilfer, they take home massive amounts of sensitive data in order to work on
side projects and they fail to fix software flaws that make easy targets for
attackers. But all of those problems, as messy as they are, have actually led
to something good. As a result of a mandate from President Bush, the federal
government is in the middle of a massive evaluation of FDE products. At the end
of the process, all government-owned laptops and mobile devices will have their
entire hard drives encrypted. [Source]
EU officials said late last week that the
Although EU officials say they are satisfied that the
US Department of Homeland Security’s Automated Targeting System (ATS) is in
accord with an agreement reached between the EU and the
The Council of Europe, with the support of the
European Commission, will be celebrating Data Protection Day on January 28,
2007. The aim of Data Protection Day is to give European citizens the chance to
understand what personal data is collected and processed about them and why,
and what their rights are with respect to this processing. The day also aims to
educate individuals on the risks associated with the illegal mishandling and
unfair processing of their personal data. Each interested member state, international
and national body is organizing events at a local level, such as panel discussions,
media campaigns and education programs. [Council
of Europe Data Protection Day Page] [The Public Voice Page]
The
McAfee announced the availability of a white paper
titled “Identity Theft” highlighting global identity theft trends,
including a dramatic increase in online and computer-based identity theft. According
to the report, the number of keyloggers – malicious software code that tracks
typing activity to capture passwords and other private information – has
increased by 250% between January 2004 and May 2006. The number of phishing
alerts tracked by the Anti-Phishing Working Group has multiplied 100-fold over
the same period of time. The report also provides practical guidelines that
minimize the risk of identity theft to help readers protect themselves and
prevent this increasingly common crime. [Source] [Report]
The U.S. Treasury Department reported to Congress this
week that a data-collection program to give counterterrorism analysts routine
access to as many as 500 million cross-border financial transactions a year
could not be implemented until 2010, due in part to privacy concerns. The
department had hoped to implement it by the end of this year. [Source]
The Australian Department of Immigration and
Multicultural Affairs received more calls from the public trying to access information
than any other agency in 2005/06, a government report showed today. The annual
report of the Freedom of Information Act 1986 showed that government
agencies received a total 41,430 requests in 2005/06, of which 94% were
granted. The processing of these requests cost the Government $24.9 million at
an average of $601 per request. Only 2% of the total was recovered in fees and
charges. The immigration department received 14,627 requests, followed by
Centrelink with 13,817 and the Department of Veterans’ Affairs at 8330.
Attorney-General Philip Ruddock said in releasing the report that the Act
was achieving its intended purpose. [Source]
If Canadian politicians have any skeletons in their
political closets, a new website for whistleblowers could make it easier to
expose them. WikiLeaks promises to create a forum for anonymous sources to post
sensitive documents on the Internet without fear of being identified. The site,
wikileaks.org, is the collaborative brainchild of an international group of
mathematicians, political dissidents and cryptographers from various
backgrounds -- many of them Chinese expatriates. According to a statement on
the site, the group believes “transparency in government activities leads to
reduced corruption, better government and stronger democracies.” “We believe
that it is not only the people of one country that keep their government
honest, but also the people of other countries who are watching that government,”
the site says. “That is why the time has come for an anonymous global avenue
for disseminating documents the public should see.” The website claims it will
use cryptography to allow people to post untraceable documents. Through
WikiLeaks, bureaucrats in a sensitive department such as Foreign Affairs or National
Defence could post internal documents and memos without concern of reprisal
from their superiors. Allan Cutler, the Public Works Department employee who
blew the whistle on the Liberal sponsorship program to internal auditors in
1996, claimed the move cost him assignments and promotions. The Accountability
Act, a centrepiece of the Conservative Party’s 2005 election platform,
contains provisions to help protect whistleblowers. While WikiLeaks may offer
whistleblowers another tool, media experts say that the site -- if successful
-- will face credibility problems and could be hijacked by those out to push their
own agendas or to backstab colleagues. “The Internet is notorious for
fraudulent information,” said Chris Waddell, a media analyst and journalism
professor at
During a visit to the National Institutes of Health,
President Bush plugged stalled legislation that would safeguard genetic privacy.
The bill would prevent employers and insurance companies from using results of
genetic tests to discriminate against employees or customers. The bill, which
died in the House in 2003, was reintroduced in the House this week. [Source]
[DNA Databases
May Be Growing Too Quickly]
The Australian government’s plan to create a single,
national system of identifying individuals and healthcare providers has been
delayed by privacy concerns. In a bid to address ongoing concerns surrounding
the protection of confidential health records, the National E-Health Transition
Authority (NeHTA) has released a privacy blueprint which is open for public
comment until the end of February, 2007. The privacy plan seeks comments on
four key points: identifying the privacy issues and risks; developing
strategies for privacy management; conducting privacy impact assessments; and developing
ongoing privacy management tools, such as policies and information notices. [Source] [NEHTA
Privacy Blueprint] [Source]
The personal information of nearly half-a-million
customers at a CIBC mutual fund subsidiary has gone missing, prompting fears of
a potential security breach and inciting an investigation from Canada’s federal
privacy commissioner. A backup computer file containing application data for
470,000 investors at Montreal-based Talvest Mutual Funds disappeared in transit
on the way to
TJX, the parent company of T.J. Maxx and Marshalls,
announced this week that hackers have stolen customer information after
accessing its computer systems. The breach, which was discovered in
mid-December and reported to law enforcement, was not disclosed until now at
the request of the authorities. The breach affected a network that handles
credit card, debit card, check and merchandise returns for T.J. Maxx,
Marshalls, HomeGoods and A.J. Wright stores in the
A 23-year-old
The North Carolina Department of Revenue has sent letters to 30,000 taxpayers
notifying them that their personal information was held on a laptop computer
stolen from a NC Dept. of Revenue employee’s car. The data include SSNs; law
enforcement officials are investigating the theft. [Source]
The University
of Idaho Advancement Services Office reported three laptop computers missing from the
Children who appear to be 12 years of age or older
will have to present government-issued ID to board an airplane once Transport
Canada’s new no-fly list comes into force in March. The new rules mean children
as young as 10 or 11 could be denied the right to board domestic flights if
they can’t produce government photo ID or present two pieces of non-photo ID
issued by government. Since the Sept. 11, 2001, terrorist attacks, Canadian
airlines have required passengers over age 16 to show ID before boarding
flights. But until now, that hasn’t applied to younger passengers. At present,
Air
PayPal plans to bolster security by providing users
with a second layer of authentication. The eBay-owned company will provide its
customers with a PayPal Security Key device that generates a new numeric
password every 30 seconds. Users conducting transactions will be required to
enter their regular passwords as well as the randomly-generated password provided
by the key. The addition of this layer of security should help thwart phishers
because without a current Security Key password, other account information will
not allow them access to users’ accounts. Users will be asked to pay US$5 for
the devices; business customers will not have to pay for the Security Keys. The
use of the keys is being tested right now and will eventually be phased in for
all users. [Source]
[EBay
Heightens Security Precautions]
MySpace.com has been quietly developing software, code-named
‘Zephyr’, designed to give parents the bare-bones of what their kids are doing
on the site. The tool, which will alert parents of the username, age, and
location a child lists on personal MySpace pages known as profiles, is designed
to spark conversations about Internet safety. [Source]
[Source]
[Families
Sue Myspace After Children Abused By Adult Users]
The Australian Tax Office could soon have sweeping
powers to release people’s tax details in cases of money laundering, terrorism
and large-scale avoidance. The Federal Government wants to introduce legislation
when Parliament resumes next month to allow the Tax Office to release
information in cases where the public interest exceeds personal privacy
considerations. But there are concerns about the potential misuse of power and
privacy breaches, particularly by third parties that may be able to obtain
personal information, such as tax file numbers. Acting Treasurer Peter Dutton
announced the plan following a recent review of taxation secrecy and disclosure
provisions. [Source]
Gov. Tim Kaine has brought together a panel to study
the concept of a Do-Not-Sell list modeled after the Do-Not-Call registry. The
governor’s idea is to give consumers the option of not allowing companies to
sell their personal data. The governor says that oftentimes, people are unaware
that companies are selling their private data. The panel is tasked with
reporting back to the governor by the end of 2007. [Source]
Federal prosecutors scored their first victory in the
investigation of HP’s ill-fated boardroom spying probe last week, when a
low-level private investigator pleaded guilty to identity theft and conspiracy
charges. As part of the plea deal, the investigator admitted to illegally obtaining
SSNs and other personal data to snoop on the private phone records of journalists,
former HP directors, and their family members as part of HP’s crusade to ferret
out the source of boardroom leaks to the media. [Source] [Source] [California offers former hp
chairman plea deal]
WW – E-Pedigree Standard Ratified, Supports RFID![]()
Standards organization EPCglobal has
ratified a new global standard that supports the use of RFID and other
technologies for creating electronic pedigrees to securely track the authenticity
and chain-of-custody of pharmaceuticals and other items. The standard meets the
Nine hundred attendees of last month’s Chaos
Communication Conference agreed to submit to tracking by way of an RFID tag. A
computer engineer created a badge that allowed attendees to experience tracking
at the conference. Attendees who bought the tags were given the choice of what
type of personal information would be linked to their tags’ unique ID numbers.
Many chose to use a nickname that was not associated with any personal
information. The project sparked conversation about the pos and cons of using
RFID to track individuals. One key take-away was the need to give people the
power to decide how the technology will be used. [Source]
As more employees become involved in blogging,
companies have to consider the legal risks, which include harassment, disclosure
of confidential information, disparagement and privacy issues. Companies have
two choices: prohibit all blogging at work or create and enforce a blogging
policy, they say. Employee training on the blogging policy and other company
expectations are essential, they add. [Source]
[Canadian
Workers Fired After Postings On Facebook] [Blogging
Guidelines For Employees]
Employees forwarding their work email to “web-accessible
personal accounts” is a growing problem. When away from the corporate network
accessing email from these accounts is usually faster and easier than going
through the corporate remote email solution. Accessing email from these
accounts is usually faster and easier than going through corporate networks. However,
because email sent from these services does not “pass through the corporate
mail system, companies could run afoul of federal laws that require them to
archive corporate email and turn it over during litigation.” One
NIST has released an updated Database Application for
Special Publication 800-53, Revision 1, Recommended
Security Controls for Federal Information Systems. The database application
will allow users to browse the catalog of security controls, display the
security controls in selected views or groups by control family, class, or
baseline (e.g., management controls, moderate baseline controls, or contingency
planning controls), search the catalog of controls for keywords, and export
information from the database into a variety of popular data formats that may
be needed for automated tool support. [Source]
Grassroots opposition to the federal Government’s welfare
services access card is building, with campaigners saying Joe Hockey’s
proposal, despite Government reassurances, is “indistinguishable from a
national identity scheme”. About 120 individuals and groups have made
submissions on the draft access card bill, released on December 13. The Human
Services minister plans to introduce the bill into federal parliament next
month, but the draft has been slammed as “seriously inadequate”, with many key
issues to be decided later and included in a second round of legislation. Tim
Warner, convenor of Access Card No Way, said “We believe that any national ID
scheme is a tragic mistake.” “The inadequacies in this draft are deeply disturbing,
given the enormous shift this legislation represents. “No inquiry, no debate and
certainly no parliamentary discussion has occurred on whether anti-fraud
measures require a national register. Instead, the debate is over what sort of
register should be introduced.” [Source]
[Source]
[Strong response
to access card consultations: Over a hundred submissions received]
The Bush administration said this week that it has
decided to begin seeking court approval for its electronic surveillance program,
effectively ensuring court oversight for the formerly warrantless program that
has provoked a firestorm of criticism for more than a year. The Justice
Department disclosed in a letter to Senate Judiciary Cttee Chairman Patrick
Leahy (D-Vt.) that it had obtained approval from the
Key
Besides wiretapping civilians’ phones and going
through Americans’ mail, now the Pentagon and CIA can demand access to your bank
transactions and credit reports at any time, in the name of “national security.”
The New York Times reported this week that both agencies were using powers
granted them by the PATRIOT Act to request investigations into financial transactions
or activities they deem “suspicious.” Both agencies are barred by law from any
domestic law enforcement activity. Vice-President Dick Cheney defended
the practice as necessary to fight terrorism, but critics said the letters
violate civil liberties and could be used to keep tabs on individuals with no
connections to terrorist groups. Caroline Frederickson, director of the ACLU
legislative office in
A Defense Department database devoted to gathering
information on potential threats to military facilities and personnel, known as
Talon, had 13,000 entries as of a year ago – including 2,821 reports involving
American citizens, according to an internal Pentagon memo to be released today
by the ACLU. The Pentagon memo says an examination of the system led to the
deletion of 1,131 reports involving Americans, 186 of which dealt with “anti-military
protests or demonstrations in the
President Bush signed a bill into law last week that
would make it a crime to lie to obtain the telephone records of private citizens.
The legislation outlaws the practice of getting confidential phone records by “making
false or fraudulent statements” to a phone company employee, by “obtaining
false or fraudulent documents to access accounts” or by “accessing customer accounts
through the Internet” without authorization. The new federal law carries a
maximum 10-year state prison sentence - a punishment that can be doubled if a
violation involves more than $100,000 or more than 50 victims. [Source]
[Source]
U.S. Sen. Ted Stevens, R-Ala., has filed the Protecting Consumer Phone Records Act, a
bill that would require written consent from a customer before a telephone
company could sell personal information. Currently, some telephone companies
sell customers’ personal information to marketers unless a consumer has
opted-out. U.S. Sen. Dianne Feinstein reintroduced a pair of bills that would
attempt to set national requirements for consumer notification in the event of
data security breaches, and to restrict the sale, purchase and display of Social
Security numbers. One of her legislative efforts, the Notification of Risk to Personal Data Act, is billed as a
reincarnation of an earlier proposal that was approved as part of a broader
data breach package in November 2005 but received no further attention. The Social Security Number Misuse Prevention Act
would prohibit organizations, including federal, state and local government
agencies, from displaying or selling individuals’ Social Security numbers
(SSNs) without express consent. [Source] [Source]
[Source] [Source]
Under a bill that took effect Jan. 1,
Consumer advocates and some lawmakers held a news
conference late last week to mount pressure for legislative action on ID
theft-related bills that died last year. A consumer advocate with MassPIRG said
that 26 states have passed security freeze laws, while 34 now have security
breach notification laws. Supporters of breach notification and security freeze
legislation are looking for the Legislature to approve both measures this
session. [Source]
This story in The Free Lance-Star indicates that
lawmakers have filed 64 bills related in some way to privacy, many of them
focused on ways to prevent identity theft. Many of the bills are intended to
address the availability of Social Security numbers in public documents.
Lawmakers say the number of bills related to privacy is directly the result of
feedback they are receiving from constituents, who are concerned about ID
theft. [Source]
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