Privacy News Highlights

15–28 February 2008

 

Contents:

US – NIST Releases Draft Registry of Biometric Standards. 3

AU – Australia Needs More Biometrics Data: Report 3

CA – Alberta Privacy Commissioner Orders Nightclub to Stop Using Licence-Scanners. 3

CA – Alberta Privacy Commissioner Orders Pawnshop Database Destroyed. 3

CA – Supreme Court Reviews Privacy Commissioner Investigation, Enforcement Powers. 3

CA – Newfoundland Minister Unveils New Birth Certificate. 4

US – Staff Data Snooping on Customers Common, Hard to Stop: Report 4

WW – Reed Elsevier to Acquire ChoicePoint 4

WW – Measuring Security and Trust in the Online Environment: OECD Report 4

US – Group Seeks Coordinated Interstate EHR System by 2009. 4

US – Google to Store Patients’ Health Records. 5

US – Washington State Considers Barring Data Mining by Pharmas. 5

WW – Encrypted Computer Memory Vulnerable to Hacking Using Cold Air: Study. 5

EU – Article 29 Working Party Changes Chair, Publishes Work Programme: 5

EU – Data Privacy Regulators Say Net Search Engines Must Follow Rules. 6

UK – Call to Scrap Children’s Database. 6

UK – Data Breaches Cost £47 per Record: Ponemon Study. 6

UK – Tax Authorities Pay for Britons’ Bank Details. 6

EU – Liechtenstein Toughens Financial Privacy Rules. 6

US – Wikileaks.Org Site Taken Offline. 7

US - Public “Deeply Dissatisfied” With Availability, Delivery of Govt Financial Info. 7

UK – U.K. Govt Rejects Mandatory DNA Database. 7

WW – Analysis: Personal Health Records Threaten Privacy. 7

CA – Saskatooner fighting SCA over Health Records Access. 8

US – Tenet Healthcare Warns 37,000 Patients of Data Compromise. 8

UK – Government Discloses Hundreds of Devices Lost 8

EU – Stolen Laptop Had Data Of Over 171,000 Irish Blood Donors. 8

WW – Liberty Alliance Launches Health Identity Management Group. 8

CA – Canadian Government to Issue Electronic Passports in 2011. 9

EU – German ID Card to Allow Pseudonyms. 9

US – RIAA Sends Wave of Pre-Litigation Letters to Universities. 9

WW – Few Pedophiles Posing As Youths Online: Study. 9

AU – Judge Kirby on Privacy: Computer Code Trumps the Law.. 10

WW – Google Says I.P. Addresses Aren’t Personal 10

WW – Facebook Says It Has Fixed Deletion Issue. 10

HK – Privacy Commissioner Says Law Reforms Needed. 10

SA – South African Data Protection Law Delayed. 10

AU – Aussie Businesses Face Compulsory Breach Disclosure. 11

US – GAO Report: Identity Theft Efforts Lacking. 11

US – Nixon Sues Web Site Operator for Offering Sensitive Consumer Data. 11

US – FTC Content to Observe Impact of IAB Guidelines. 11

WW – RFID-embedded Credit Cards Cracked. 11

EU – European Commission Publishes Preliminary RFID Guidelines. 12

WW – OECD RFID Paper: A Focus on Information Security and Privacy. 12

US – Losses From Cyber Intrusions at US Banks Rise Significantly. 12

US – REAL ID News Roundup. 12

EU – Secret Printer ID Codes Breach EU Privacy Laws. 13

US – Wisconsin Man Accused of Using GPS to Track Wife. 13

CA – B.C. Court Limits Police Wiretaps. 13

EU – German Court Rules Cyber-Spying Violates Privacy. 14

WW – Growth of GPS Phones Raises Privacy and Regulatory Issues. 14

WW – Cell Phone Snooping Now a Simple Feat 14

US – Firm Gets U.S. Contract For Quick Passenger Data Checks. 14

US – White House Wary of Proposed Changes to FISMA. 14

US – Connecticut Bill Safeguards Personal Identity, Creates Privacy Protection Law.. 15

US – Alaska Consider Prescription Database Law.. 15

US – Washington State Outlaws RFID Skimming. 15

 

 


 

US – NIST Releases Draft Registry of Biometric Standards

The National Institute of Standards and Technology (NIST) has released a draft registry of biometric standards that could improve sharing of data between agencies. The Registry of USG Recommended Biometric Standards was developed by the interagency Subcommittee on Biometrics and Identity Management of the White House National Science and Technology Council (NSTC). The subcommittee did not formulate new standards but developed the list through a consensus of 15 agencies participating in the process. They evaluated what the subcommittee called the “numerous, often contradictory standards currently available.” The goal is for data gathered and saved by one agency to be accessible by other agencies through the use of common formats and processes. [Source]

 

AU – Australia Needs More Biometrics Data: Report

Australia should consider fingerprinting passport holders in addition to using facial recognition technology to minimise identity fraud, a report has recommended. The Australian National Audit Office report, released this week, raised concerns that Australian immigration officers lacked access to foreign biometric matching systems that included fingerprints. It said the Department of Immigration and Citizenship (DIAC) should consider the need to extend the use of biometric technology in identifying foreign arrivals. “The current relatively limited fingerprint matching capability leaves the department in a position where it is unable to benefit fully from the international developments tending towards a broader use of fingerprints,” the report said. [Source]

 

CA – Alberta Privacy Commissioner Orders Nightclub to Stop Using Licence-Scanners

An order by Alberta’s information and privacy commissioner for a Calgary nightclub to stop scanning patrons drivers’ licences at the door will take away a key security measure, the owner said last week. Paul Vickers, who owns Tantra Nightclub and several other bars and restaurants across Alberta, said the ruling offered no alternative solutions for safety and he vowed to appeal it. He said many other bars and clubs throughout Alberta and other provinces use similar systems that scan driver’s licences to keep track of who comes through the door and if they’re a regular customer. BC’s privacy commissioner is also reviewing the use of similar technology and expects to make a ruling later this year. (CBC )

 

CA – Alberta Privacy Commissioner Orders Pawnshop Database Destroyed

Alberta’s privacy commissioner Frank Work has ordered the city of Edmonton and police to stop collecting personal information from pawn shops and second-hand stores. Work also ordered that a database established to store the information be destroyed. The city has long required pawn shops to keep detailed records of the people who sell and buy merchandise, and to make the data available to police on request. In 2005, the city required pawnshops and second-hand stores to upload information collected by clients to a database maintained by a private company under contract with the City of Edmonton. Work said in a published report that the Edmonton did not have authority to require second-hand stores and pawnshops to upload the information to the database. He also found that the city had not taken reasonable steps to safeguard the complainant’s personal information, or that of other clients, from unauthorized access, collection, use, disclosure or destruction of the information. [Source] [Decision]

 

CA – Supreme Court Reviews Privacy Commissioner Investigation, Enforcement Powers

The Supreme Court of Canada will hear a case that will ultimately determine how the Privacy Commissioner’s investigative authority is affected by claims of solicitor-client privilege. An employee of the Blood Tribe Department of Health, after being dismissed, filed a complaint with the Privacy Commissioner after her request for access to her personal employment file was denied. The Commissioner requested a copy of the complainant’s file to investigate the matter. Correspondence in the file between the Blood Tribe Department of Health and its solicitors was withheld from the Commissioner on the basis that it was subject to solicitor-client privilege. To verify the existence of the privilege, which could justify a denial of access, the Privacy Commissioner ordered production of the withheld documents pursuant to the Personal Information Protection and Electronic Documents Act (PIPEDA). The Blood Tribe Department of Health challenged the legality of the Commissioner’s order and the case was heard by the Federal Court in 2006. The Federal Court ruled that, in order to effectively conduct an investigation, the Privacy Commissioner had the authority to compel production of documents over which solicitor-client privilege was claimed. [Source and at news.gc.ca]

 

CA – Newfoundland Minister Unveils New Birth Certificate

Newfoundland and Labrador is unveiling a new, more secure and durable birth certificate, which has many features to help combat identity theft and fraud. Newfoundland joins the provinces of Nova Scotia, British Columbia, Manitoba and Alberta in issuing this new format of birth certificate. As well, several other Canadian jurisdictions are planning to implement the new certificate during 2008. [Source]

 

US – Staff Data Snooping on Customers Common, Hard to Stop: Report

Employees with access to customer data regularly peruse the information, according to a recent report. A review of data obtained from a Milwaukee-area public utility showed that employees at the utility used their access to obtain information about tenants, former boyfriends and local celebrities, among other reasons. The customer data available to employees included credit and banking info, payment histories, Social Security numbers and other personally identifiable information. [Source][Source][Source]

 

WW – Reed Elsevier to Acquire ChoicePoint

Financial news service Bloomberg is reporting that London-based Reed Elsevier will buy Alpharetta, Georgia-based ChoicePoint for $3.5 billion. The purchase will combine ChoicePoint’s data brokerage service with Reed Elsevier’s LexisNexis database to create what Bloomberg describes as a “risk-management business with $1.5 billion in sales.” In addition to data brokering, ChoicePoint offers risk mitigation services for commercial insurance, claims tracking software, automated claims tracking software and document search services. [Source]

 

WW – Measuring Security and Trust in the Online Environment: OECD Report

A new OECD paper reviews available official statistics on trust and security in the online environment. It discusses whether security concerns are an obstacle to Internet use and examines how people and companies protect their equipment and networks. The paper, prepared by the OECD Directorate for Science, Technology and Industry, was discussed by the Working Party on Indicators for the Information Society in 2007 and transmitted to the Committee for Information, Computer and Communication Policy. [Source] See also: [Survey paints bleak picture of public trust in U.S. government]

 

US – Group Seeks Coordinated Interstate EHR System by 2009

The Harmonizing State Privacy Law Collaborative is pushing for a standardized interstate system for sharing electronic health records (EHR) by 2009. The Collaborative wants to establish a framework by the end of this year that would be used as a framework for development of a network for sharing EHRs between healthcare organizations, including across state lines. Medical privacy and data security would be priorities for the group, whose member states currently include Florida, Michigan, Idaho, Kansas, Kentucky, Missouri, New Mexico and Texas. [Source] [Draft Document: Privacy and Security Solutions for Interoperable Health Information Exchange] See also: [HIE’s top state e-health agendas] [States Report Progress on Health IT Privacy] and [Strengthen privacy protections for e-health data, top panel recommends] [NCVHS HHS Report] and [Wisconsin Seeks Changes to Health Data Privacy Laws] and [NYC Unveils State-of-the-Art Electronic Health Record Technology] and [Medical identity theft is often an “inside job” ]

 

US – Google to Store Patients’ Health Records

Google will begin storing the medical records of a few thousand people as it tests a long-awaited health service that’s likely to raise more concerns about the volume of sensitive information entrusted to the Internet search leader. The pilot project announced last week will involve 1,500 to 10,000 patients at the Cleveland Clinic who volunteered to an electronic transfer of their personal health records so they can be retrieved through Google’s new service, which won’t be open to the general public. Each health profile, including information about prescriptions, allergies and medical histories, will be protected by a password that’s also required to use other Google services such as e-mail and personalized search tools. Google views its expansion into health records management as a logical extension because its search engine already processes millions of requests from people trying to find about more information about an injury, illness or recommended treatment. [Source] [Source] See also: [Google not covered by the US Health Insurance Portability and Accountability Act (HIPAA) ] [Googling Medical Records Gets Mixed Reactions] and [World Privacy Forum released a report of health privacy]

 

US – Washington State Considers Barring Data Mining by Pharmas

The Washington State legislature is considering a ban on medical data mining by pharmaceutical sales organizations. The bill would prevent drug companies from obtaining prescription data for the purpose of marketing their products to medical offices. Similar laws have already passed in Vermont, New Hampshire and Maine, however the laws in Maine and New Hampshire were overturned following legal challenges by the pharmaceutical industry. [Source]

 

WW – Encrypted Computer Memory Vulnerable to Hacking Using Cold Air: Study

Want to break into a computer’s encrypted hard drive? Just blast the machine’s memory chip with a burst of cold air. That’s the conclusion of new research out of Princeton University demonstrating a novel, low-tech way hackers can access even the most well-protected computers, provided they have physical access to the machines. The Princeton report shows how encryption, long considered a vital shield against hacker attacks, can be defeated by manipulating the way memory chips work. The researchers say the ease of their attack raises fears about the security of laptop computers increasingly used to store sensitive information. Freezing a dynamic random access memory, or DRAM, chip, the most common type of memory chip in personal computers, causes it to retain data for minutes or even hours after the machine loses power, the report found. That data includes the keys to unlock encryption. [Source] [Source] [Paper][PGP Responds to Cold Boot Attack Paper] [Encryption may not be enough] See also: [Enclosed but not Encrypted] and [GSM for Cellphones Being Cracked]

 

EU – Article 29 Working Party Changes Chair, Publishes Work Programme:

The Art. 29 WP elected its new chairman and vice chairman, decided upon its work programme for the next two years, adopted an opinion on children’ privacy, resolved to continue its joint enforcement measures, and prepared for the next Safe Harbor Conference to take place in Brussels later this year. The Art. 29 WP elected Alex Türk, the head of the French Data Protection Authority as its next chairman. Jacob Kohnstamm, the president of the Dutch Data Protection Authority, became the new vice chairman. [Source] [Source].

 

EU – Data Privacy Regulators Say Net Search Engines Must Follow Rules

European data privacy regulators said that Internet search engines based outside Europe must also comply with EU rules on how a person’s Internet address or search history is stored. EU rules that someone must consent to their data being collected and give individuals the right to object or verify their information apply to search engines, the regulators’ group said in a short statement as they prepare a full report due by April. [SiliconValley.com]

 

UK – Call to Scrap Children’s Database

The UK government faces calls to scrap a database containing the details of every child in England after a report said it could never be secure. The report, by accountants Deloitte & Touche, was ordered after last year’s missing data discs crisis. ContactPoint will begin operation in September or October this year, five months later than planned. It will list the name, address and date of birth of every child in England and contact details for their parents, doctors and schools. Every child will be given a “unique identifying number”. [Source]

 

UK – Data Breaches Cost £47 per Record: Ponemon Study

New research lays out the cost of a data breach in the UK, and finds most such incidents are caused by lost laptops or other devices. The average cost of a data breach is £47 per record, and the bulk of that cost is from lost business. The study, by the Ponemon Institute, contacted every UK company known to have suffered a data breach in the past year. Some 21 organisations across eight sectors replied. The average cost per record lost is £47, the study found. The average total cost for the companies which took part in the survey was £1.4 million, although some topped out at £3.8 million. Lost business leads to 46% of the total cost of a data breach, as a loss of trust leads to higher churn and higher customer acquisition rates, the study found. Churn climbs by some 2.5% on average, but some firms saw rates as high as 4%. The rest of the cost is made up from notification (£1 per record), detection (£15) and ex-post activities (£15), which are the costs after the event to help victims watch their credit or the reissuing of account cards, for example. “Notification is not the biggest part of the cost. The largest point is loss of customers.” [Source] [Lost Mobile Devices Behind Most UK Breaches]       

 

UK – Tax Authorities Pay for Britons’ Bank Details

The British tax authorities have paid an informant for the bank details of scores of wealthy Britons. The records were stolen from one of the world’s most secretive tax havens. HM Revenue & Customs paid £100,000 for data that it is using to launch investigations of up to 100 British citizens who have accounts at Liechtenstein’s biggest bank. British authorities regard it as a coup to have penetrated accounts that have been beyond their reach for decades. “There will be many frightened people who thought Liechtenstein was secure,” said a City accountant. The bank informant has already provoked a storm in Germany by selling data on 750 wealthy Germans’ accounts to the country’s intelligence service for £3.2m in January last year. The suspected whistleblower, accused of stealing data from the bank, was sacked and convicted of fraud. He also offered data to tax authorities in America, Canada, Australia and France. [Source]

 

EU – Liechtenstein Toughens Financial Privacy Rules

The government of Liechtenstein is rewriting the rules governing its financial foundations, used as tax havens by many wealthy Europeans, to protect the identities of account holders. The move was made following a tax evasion scandal in Germany involving the foundations. While Liechtenstein said it would cooperate and share information with governments in cases where there was evidence of criminal activity, it refuses to budge on requests to provide the names of account owners simply because they may be using foundations to avoid paying taxes. Liechtenstein’s justice minister said, “If someone puts their money in a mattress to avoid paying taxes, I can’t say, ‘You have to stop making mattresses.’” [Source]

 

US – Wikileaks.Org Site Taken Offline

A controversial website that allows whistle-blowers to anonymously post government and corporate documents has been taken offline in the US. Wikileaks.org, as it is known, was cut off from the internet following a California court ruling, the site says. The case was brought by a Swiss bank after “several hundred” documents were posted about its offshore activities. [BBC] Update: [Whistleblowing website vows to defy court gag] [Public Support Grows for Wikileaks]

 

US - Public “Deeply Dissatisfied” With Availability, Delivery of Govt Financial Info

The Association of Government Accountants (AGA) released a survey of public attitudes about government transparency and accountability. The survey, conducted by Harris Interactive, revealed a “deep dissatisfaction among the American public with both the availability of government financial information and the way it is delivered to the people. Much of this dissatisfaction has to do with issues of trust and a gap between what the public expects and what is actually delivered. The survey also captured information relating to how the public would use fiscal information, were it provided to them in a usable form.” The survey was commissioned as part of AGA’s flagship Advancing Government Accountability campaign. [Source] [Survey] [Powerpoint]

 

UK – U.K. Govt Rejects Mandatory DNA Database

The UK Home Office has admitted that a mandatory DNA database “would raise significant practical and ethical issues”. The DNA database, which covers England and Wales, currently contains around 4.5m profiles - routinely taken from criminal suspects after most arrests. It is already the largest of its kind in the world but is controversial. Since 2004, the data of everyone arrested for a recordable offence - all but the most minor offences - has remained on the system regardless of their age, the seriousness of their alleged offence, and whether or not they were prosecuted. The Association of Chief Police Officers (ACPO) is also calling for a debate on the issue. Said the Home Office minister: “How to maintain the security of a database with 4.5m people on it is one thing. Doing that for 60m people is another.” [Source] See also: [Scientists say they can track people’s movements using hair] See also: [Washington Senate votes to expand criminal DNA database] [Tennessee DNA law creates police confusion]

 

WW – Analysis: Personal Health Records Threaten Privacy

The World Privacy Forum has published a new legal and policy analysis examining Personal Health Records – or PHRs – and the privacy issues associated with them. This analysis, Personal Health Records: Why Many PHRs Threaten Privacy, was prepared by Robert Gellman for the World Privacy Forum. The analysis finds that significant, serious threats to privacy exist in some PHRs. [Report:] See also: [Georgetown Law Journal: Public Health Surveillance in the Twenty-First Century: Achieving Population Health Goals While Protecting Individuals’ Privacy] and also: [New California Law Strengthens Health Data Privacy]

 

CA – Saskatooner fighting SCA over Health Records Access

A Saskatoon man who has been battling the Saskatchewan Cancer Agency for a complete copy of his health records is taking his plight to court. Since November 2005, Peter Hnatuk, who has prostate cancer, has been asking the agency to give him his entire medical record so he can seek a second opinion from a Calgary doctor. With the help of an advocate, Hnatuk was able to wrestle most of his record from the agency. It is withholding 12 pages it says could put staff in jeopardy if released to him. Hnatuk appealed to the province’s privacy commissioner. In November, the commissioner released a report saying the agency made a mistake when it withheld part of Hnatuk’s record. However, the commissioner’s decisions are not binding, and the agency still refuses to hand over the records. Now, according to court documents, Hnatuk is asking a Queen’s Bench judge to order the agency to release the whole document. “I seek disclosure of my entire file with (the agency) because am entitled to access my personal health information and because it may be relevant to my health and my treatment options,” Hnatuk says in an affidavit to the court. The problem with releasing the information, according to the cancer agency, is Hnatuk was abusive and threatening to cancer agency staff and releasing the records might put workers at risk. In his ruling, the privacy commissioner said dealing with angry or unpleasant people is part of the business of health care and does not deny a patient the right to his personal health records. [Source]

 

US – Tenet Healthcare Warns 37,000 Patients of Data Compromise

Dallas-based Tenet Healthcare Corp. last week sent out notices to about 37,000 patients informing them about the potential compromise of their personal and financial data. The warning came after a former data processor at a Tenet bill-processing center in Texas, was arrested last month and subsequently pleaded guilty to five counts of fraudulent possession and use of identification information stolen from Tenet. [Source]

 

UK – Government Discloses Hundreds of Devices Lost

British government officials disclosed that government agencies have lost hundreds of laptop computers, PDAs and mobile phones either though theft or negligence since 2001, according to Silicon.com. Among the offending agencies are the Ministry of Justice (341 devices), Department for International Development (61 devices), Northern Ireland Office (33 devices) and Department for Communities and Local Government (33 devices). [Source] SEE ALSO: [Disc Of Suspects’ Dna ‘Mislaid’ For A Year] [ICO: Financial Services Firm Violated Data Protection Act] [Source] and: [Lawyers Fined £815 by the Information Commissioner for Data Security Failures] and [Marks & Spencer ordered by ICO to encrypt data after laptop theft]

 

EU – Stolen Laptop Had Data Of Over 171,000 Irish Blood Donors

More than 171,000 Irish blood donors whose personal details were on a computer stolen in New York earlier this month will be contacted by the Irish Blood Transfusion Service (IBTS) this week. The blood service said yesterday it was very concerned at the theft of the laptop on February 7th and while records were securely encrypted on the computer, there was a “remote” chance the data might be accessed by a third party. [Source]

 

WW – Liberty Alliance Launches Health Identity Management Group

Liberty Alliance, a global identity consortium, has announced the launch of a global public forum formed to develop an interoperable, secure and privacy-respecting information exchange system for the healthcare sector. The Liberty Alliance Health Identity Management Special Interest Group (HIM SIG) is leveraging the Liberty Alliance model of addressing the technology, business and privacy aspects of digital identity management to meet the unique identity management and regulatory challenges facing the international healthcare industry. Members are working to address how the healthcare industry will deliver secure identity management solutions that meet global regulatory mandates and ensure patient privacy. The public group is working closely with the Liberty Identity Assurance Expert Group to ensure requirements for standardized and certified identity assurance levels in the healthcare sector meet criteria established in the policy-based Liberty Identity Assurance Framework. [Source] [Background] [Background] See also: [Firewalls a useless relic, says expert: need to focus on identity access management] [New Zealand Privacy review finds technology outpacing the law]

 

CA – Canadian Government to Issue Electronic Passports in 2011

Canadian travellers will be issued a higher-security electronic passport starting in 2011 that will be valid for 10 years instead of the current five, the federal budget announced yesterday. Details of the new passport were contained in a two-year, $165-million spending package aimed at enhancing border security while still keeping people and goods moving. The introduction of the new passport is the most novel of the new security measures outlined in the budget. The government announced its intention four years ago to move to upgraded passports, but key details emerged in this week’s budget. [Source] See also: [Demand for Hybrid Driver’s Licenses High in Washington]

 

EU – German ID Card to Allow Pseudonyms

The German Home Office has confirmed that a new electronic identity card for German citizens will incorporate the use of pseudonyms for secure web access. According to the plans of the German Home Office, a credit card sized electronic identity card will be introduced in 2009. It will replace the larger, non-electronic identity cards currently in use. “Apart from the usual personal information, the electronic identity card will contain biometric information, in particular digital fingerprints of both index fingers, and additional information for facial recognition”, said secretary of state August Hanning, who confirmed that the new identity card will contain a pseudonym function. In a leaked letter, Hanning stated that the card could be used as a “passport for the internet” in the future. “The new identity card offers the possibility of an electronic identity proof for E-Government- and E-Business-applications.” [Source]

 

US – RIAA Sends Wave of Pre-Litigation Letters to Universities

The RIAA has sent another wave of pre-litigation settlement letters to universities this week for its member labels. Another 401 letters went to administrators of 12 universities, who were asked to forward them to the individuals associated with certain specified IP addresses. [Billboard]

 

WW – Few Pedophiles Posing As Youths Online: Study

The stereotype of a pedophile masquerading as a teen on the Internet to stalk naive young victims is not only false, it’s also distracting parents, educators and policy makers from addressing the sex crimes that are being initiated via the Internet, according to a new paper. Almost all online-initiated sex crimes involve adults openly seducing teenaged victims into sexual relationships, according to data culled from two surveys of 3,000 Internet users aged between 10 and 17 and one involving more than 2,000 U.S. federal, state and local law-enforcement agencies, most specializing in sex crimes against minors. Internet offenders pretended to be teenagers in only 5% cent of the crimes studied by researchers at the University of New Hampshire’s Crimes Against Children Research Center. They also found that nearly 75% of victims who met offenders face to face did so more than once. Very few cases involved violence, stalking or abduction. As well, none of the victims were under 12 years of age, a finding that contrasts sharply with conventional, “offline” child molestation, which includes a large proportion of victims younger than 12. The authors say it’s premature to talk about the Internet as an established facilitator of sex crimes outside of the possession and distribution of child pornography. “It’s not clear that the Internet is spawning a new wave of crime.” The authors offer a number of prevention and public policy recommendations aimed at reaching teens identified as high risk. [Source] [Study news release] [Fact Sheet] See also: [Online Photos Not as Private As District Mother Assumed]

 

AU – Judge Kirby on Privacy: Computer Code Trumps the Law

Australian High Court Judge Justice Kirby says computer code is more potent than the law and that legislators are powerless to do anything about it. Technology has outpaced the legal system’s ability to regulate its use in matters of privacy and fair use rights, said Kirby. Kirby said the judicial system has faced difficulties in coping with changes the Internet and computing have brought. While the soon-to-be-reviewed Privacy Act has incorporated key privacy principles such as “usage limitation”--which states that data collected about an individual cannot be used for other purposes, except by the approval of the law or the person’s consent--Google and Yahoo have rendered that principle defunct, Kirby said. [Source] SEE also: [Experts Say UK Filesharing Law ‘Unworkable’ ]

 

WW – Google Says I.P. Addresses Aren’t Personal

Google has responded to European regulators who have suggested that Internet Protocol addresses of users be considered personally identifiable information. Not surprisingly, it disagrees. In a post on the Google Public Policy Blog, Alma Whitten, a software engineer, points out that often the I.P. address assigned to any one computer is changed on a regular basis by the Internet provider that services that computer. Technically, fixed I.P. addresses — those that are permanently assigned to a given computer — are also not personal information, because a Web site doesn’t know who is using that computer. [Source] [Google’s Posting] [Coverage]

 

WW – Facebook Says It Has Fixed Deletion Issue

Enduring backlash from subscribers and critics for an account deletion process that was both difficult to navigate and which some alleged did not completely erase a former subscriber’s data, Facebook says they have fixed the problem. The New York Times reports that those who attempted to delete accounts using Facebook’s new form experienced some glitches, but that the company fixed the problem within 24 hours. Facebook CPO Chris Kelly,CIPP confirmed this week that, following the fix, the new process “removes all personal information from the account.” [NYT]

 

HK – Privacy Commissioner Says Law Reforms Needed

Roderick Woo Bun, the Hong Kong privacy commissioner for personal data, is calling for reforms to existing privacy law that would make transmitting personal information about an individual without their consent a punishable offense. The issue, which was already being considered, has taken on new urgency following the distribution of compromising images, including nude photos, of a celebrity with other Hong Kong performers. [Full Story]

 

SA – South African Data Protection Law Delayed

Pending South African data protection law has been held up in process and is not expected to be enacted before 2009. The South African Law Reform Commission is working on the Protection of Personal Information Bill, which is intended to help protect people from abuse of their personally identifiable information by holding individuals and organizations criminally responsible for failing to adequately protect information, and requiring notice if a breach occurs. The bill is awaiting action by the justice department. [Source]

 

AU – Aussie Businesses Face Compulsory Breach Disclosure

Proposed changes to Australia’s Privacy Act would require organizations to notify in the event of a data breach involving the personal information of individuals, and would give the privacy commissioner enforcement powers under the Act and the ability to make amendments based on technology-based changes. Under the proposed changes, notice requirements would be used as an incentive to provide protections, but would not impose undue burden on companies. Speaking at a security conference, Andrew Hayne, deputy acting director for the Office of the Privacy Commissioner said, “Notification should only be needed in cases where breaches could cause serious harm [to customers] such as financial damages or risk of discrimination or embarrassment.” [Source] [New Zealand Privacy Commissioner Wants Mandatory Breach Notice]

 

US – GAO Report: Identity Theft Efforts Lacking

Nearly two years after an embarrassing flap in which veterans’ personal information was put at risk of identity theft, federal agencies are still not doing all they can to prevent further lapses, investigators have found. Most of the two dozen federal agencies examined by the Government Accountability Office had not implemented five federal recommendations aimed at protecting personal information. Only two agencies met each of those recommendations. Two others had met none of them, the GAO found. The other 18 agencies met the recommendations to varying degrees. [Source] [Source]

 

US – Nixon Sues Web Site Operator for Offering Sensitive Consumer Data

Missouri Attorney General Jay Nixon is suing a Texas Web site operator in Jackson County Circuit Court for running a site that aggregates consumer data, in some cases including sensitive information including SSNs and physical descriptions. Nixon claimed that paying users of www.publicdata.com can access wide-ranging personal information, which can turn into a treasure trove for criminals. [Kansas City Business Journal]

 

US – FTC Content to Observe Impact of IAB Guidelines

According to ClickZ, the Federal Trade Commission has opted to take a “wait and see” approach to new privacy guidelines put forth by the Interactive Advertising Bureau (IAB). The IAB’s guidelines touch broadly on five areas of concern to the FTC, including notice, collection, use, security and accountability. By design the guidelines are vague, the IAB says, but the FTC has decided to give the industry time to debate the matter and adjust practices before it decides if further action is warranted. The FTC is also waiting for the April 11 deadline for public comment on its own guidelines to pass before deciding its next step. [Source] [IAB Privacy Guidelines] [FTC Principles]

 

WW – RFID-embedded Credit Cards Cracked

Adam Laurie, an RFID security expert, used the Black Hat DC 2008 conference here, to demonstrate a new Python script he’s working on to read the contents of smart-chip-enabled credit cards.  As part of his presentation Wednesday, Laurie asked for someone from the audience to volunteer a smart card. Without taking the card out of the volunteer’s wallet, Laurie both read and displayed its contents on the presentation screen--the person’s name, account number, and expiration clearly visible. Demonstrations like that show the potential misuse of RFID technology in the near future. Without touching someone, a thief could sniff the contents of an RFID-enabled credit card just in passing. The same is true for embedded RFID chips in the human body, work access badges, some public transit cards, and even the new passports in use in more than 45 countries. Laurie, who has an injected RFID-tag, showed how easy it was not only to read the tag, but also to re-write the tag. During his demo, he used the coding sequence reserved for animal tagging to have his RFID chip declare him an animal. On his RFIDiot Web site, Laurie offers the Python scripts free of charge and also sells the hardware necessary to read and write to RFID tags and cards. [Source]

 

EU – European Commission Publishes Preliminary RFID Guidelines

The European Commission has published a preliminary guideline on RFID usage, with an emphasis on protecting consumers from unwarranted access and use of personal information. The guideline is seen as the starting point for industry dialog that will result in establishing security and privacy standards in keeping with European privacy law. The preliminary draft offers a number of recommendations, including privacy risk assessments, codes of conduct and provisions for government oversight. Other proposals are for use of a symbol indicating which products may be fitted with RFID tags, and automatic disablement of RFID tags at the time of purchase Speaking for the Commission, Martin Selmayr said the guidelines are intended to help promote RFID. “The new technology will only take off in a sound environment where data protection is safeguarded,” Selmayr said. [Source] [Source] [EU website] [Industry coverage and response]

 

WW – OECD RFID Paper: A Focus on Information Security and Privacy

The deployment of RFID in a large number of application areas is promising. This paper introduces the main characteristics of RFID technologies and focuses on the information security and privacy aspects of RFID in the short term. It will be complemented by an overview of RFID applications and an analysis of economic aspects of RFID carried out by the OECD Working Party on the Information Economy (WPIE).1 Later on, and based on both sets of work, a common set of policy principles related to RFID will be developed.2 This report represents the first step of OECD work related to sensor-based environments. Follow-up work will address security and privacy issues raised by a number of possible longer-term trends such as the generalisation of object tagging (pervasive RFID), of open loop RFID and of other sensors and sensor networks that can monitor the environment. (Source: www.olis.oecd.org ) See also: [GS1, ETSI, CEN Establish Global RFID Standards Forum]

 

US – Losses From Cyber Intrusions at US Banks Rise Significantly

According to an anonymously obtained copy of a non-public Federal Deposit Insurance Corporation (FDIC) quarterly Technology Incident Report, financial institutions in the US experienced a considerable increase in the number of intrusions leading to account hijackings and stolen money over the last year. The report indicates that the cost of these breaches is increasing for all involved - banks, businesses, and consumers. The report looks into suspicious activity reports, or SARs. Banks are required to report fraudulent and suspicious transactions of US $5,000 or more. The report says that the average cost per SAR in the second quarter of 2007 was US $29,630; the average cost per SAR in the same period a year earlier was US $10,536. The majority of SARs were classified as “unknown unauthorized access - online banking.” The report suggests that Trojan horse programs and keystroke loggers are used in many instances of unauthorized access. [Source] [Source]

 

US – REAL ID News Roundup

Utah House Committee United In Rejecting REAL ID Program: A Utah House committee has unanimously passed a bill that would prohibit implementation in Utah of the federal Real ID program. [Source] --- West Virginia Senator wins round one in war over Real ID card: After two airings of his bill to block West Virginia’s participation in the controversial ID card, the Senate Transportation and Infrastructure committee agreed Wednesday to endorse it. [Source] --- New Hampshire’s Governor drafting letter to delay Real ID enforcement: N.H.-Gov. John Lynch is drafting a letter to ask federal authorities to delay enforcing the Real ID law on New Hampshire residents so they don’t encounter problems boarding airplanes and entering federal buildings starting in May. [Source] --- Pennsylvania Political opposites join in REAL ID fight: One of the Pennsylvania General Assembly’s most conservative members and one of its most liberal have teamed up in a bid to block a federal program they say would put the personal privacy of millions of Americans at risk by creating a national identity card. State Rep. Samuel Rohrer, R-Berks, and Rep. Babette Josephs, D-Philadelphia, are co-sponsoring legislation that would bar the implementation of the federal REAL ID program in Pennsylvania. [Source] --- Alaska Lawmakers oppose national ID by opposing funds for it ---

 

EU – Secret Printer ID Codes Breach EU Privacy Laws

A little-noticed system that allows printed documents to be tracked by government agents has gotten the attention of the EU Commissioner for Justice Freedom and Security, who says the technology may violate EU human rights guarantees. The technology is baked in to many popular color laser printers and photocopiers, including those made by Brother, Canon, Xerox and HP, according to a list compiled by the Electronic Frontier Foundation. It embeds almost invisible tracking dots onto documents that uniquely identify the machine that printed them. The enables the tracking of currency counterfeiters, but the EFF has been warning for years there’s nothing that prevents government spooks from using them for broader types of surveillance. Those concerns have at last found a home with Commissioner Franco Frattini. “To the extent that individuals may be identified through material printed or copied using certain equipment, such processing may give rise to the violation of fundamental human rights, namely the right to privacy and private life,” he wrote last month in response to a question about the legality of the system. “It also might violate the right to protection of personal data.” [Source] [Source] [Printer Listing from EFF]

 

US – Wisconsin Man Accused of Using GPS to Track Wife

A Madison man allegedly stalked his wife, a Madison police officer, by placing GPS devices in her vehicles, using sophisticated computer software to track her movements through her cell phone and hacking his way into the Madison Police Department’s human resources computer program to learn her work schedule. Dustin Farberg faces charges on felony counts of stalking, identity theft and vehicle theft and a misdemeanor computer crime for the alleged three-month-long stalking of both his wife and another police officer with whom she was having an affair. [Source]

 

CA – B.C. Court Limits Police Wiretaps

In a ruling that has national ramifications, a B.C. Supreme Court judge has struck down a section of the Criminal Code that allowed police to intercept private conversations without a judge’s authorization. The section applied to emergency situations when a person’s life is in danger. Justice Barry Davies ruled last Friday that Section 184.4 of the code is unconstitutional because it violates the “Section 8” rights of six people accused of kidnapping. Section 8 of the Charter of Rights and Freedoms covers the right to be free from unreasonable search and seizure. Since the ruling was made by a justice of a superior court, it applies across Canada. But it will not take effect immediately. While Davies declared the law was constitutionally invalid, he decided his ruling will not take effect for either 18 months, or 30 days after the charges in the case in question have been resolved, whichever is longer. That will give Parliament time to fix the deficiencies in the law. In an excerpt of his ruling made public Monday, Davies said he was particularly concerned about the lack of a requirement for notice to be given to persons whose communications have been intercepted, and the lack of any requirement for police to report to the government justice officials when they have used the section. Notice would at least provide a constitutional safeguard, he said. [Source] [Ruling] SEE ALSO: [Canadian Constitutional challenge launched over search warrant] and also: [U.S. Supreme Court rejects domestic wiretap appeal] and [Supreme Court dismisses challenge to Bush’s wiretapping policy]

 

EU – German Court Rules Cyber-Spying Violates Privacy

Germany’s highest court ruled Wednesday that spying on individuals’ personal computers violates their right to privacy, restricting security officials’ ability to use virus-like software to monitor suspected terrorists’ online activity. The Constitutional Court in Karlsruhe said security services could carry out such activity only in exceptional cases and with a judge’s permission beforehand. [Source]

 

WW – Growth of GPS Phones Raises Privacy and Regulatory Issues

Annual shipments of GPS-enabled phones will grow rapidly over the period 2008-2012 according to Research and Markets. GPS phones will account for 37 percent of all shipments (535 million), according to a new report. The number of users of mobile location services accessed via GPS phones is also expected to grow strongly. The report predicts that by 2012 the worldwide user base of the most popular location-enabled services, navigation and mobile social networking, will reach 150 and 127 million respectively. This growth in the availability of handset location information (LI) raises many questions about the degree to which users can be protected from potential abuses of their LI. The report’s analysis of the emerging LBS market reveals that there is a potential for serious abuses of location privacy in cases where the use of location information has not been adequately regulated. [Source] [Details]

 

WW – Cell Phone Snooping Now a Simple Feat

At the Black Hat conference this week, two tech whiz kids demonstrated a technique for capturing and decrypting cellular telephone conversations broadcast using the GSM standard, used by such carriers as AT&T, Cingular and T-Mobile. According to Forbes, the pair said they soon plan to make their breakthrough, a process which takes about 30 minutes, available to the public. In the meantime, anyone wishing to purchase a system that can accomplish the feat in 30 seconds may do so by paying between $200,000 and $500,000. [Source] See also: [Cell Phone Service Providers Start Global NFC Initiative]

 

US – Firm Gets U.S. Contract For Quick Passenger Data Checks

A company owned by international airlines said it has won approval from the U.S. for a system providing passenger details to U.S. border authorities almost instantaneously. The Geneva-based SITA information technology firm said the system allows airline check-in desks to get the go-ahead within 2 seconds from the U.S. Customs and Border Protection service to issue a boarding card. [Source]

 

US – White House Wary of Proposed Changes to FISMA

The White House is questioning the need for many changes to the Federal Information Security Management Act (FISMA) described in the Federal Agency Data Protection Act. One section would require US government agencies to inform Congress about the methods they are using to protect their systems from the risks of peer-to-peer file sharing programs. The objection to this element stems largely from a reluctance to focus on a specific technology in outlining security requirements. The proposed legislation “would [also] require agencies to develop policies and plans to identify and protect personal information and to develop requirements for reporting data breaches.” Office of Management and Budget (OMB) administrator for e-government and information technology Karen Evans is resistant to some of the proposals because they could “seriously impact established security and privacy practices while not necessarily achieving the outcomes of improved privacy and security.” The bill’s sponsor, Representative William Clay (D-Mo.) maintains that it “would move us toward more rigid security requirements while staying within the FISMA framework.” [Source] [Source] [Bill]

 

US – Connecticut Bill Safeguards Personal Identity, Creates Privacy Protection Law

As part of a comprehensive effort to prevent identity theft, Connecticut Governor M. Jodi Rell has submitted a legislative proposal to create a new privacy protection statute while strengthening criminal provisions and enforcement associated with identity theft. The Governor’s bill:

§         Upgrades the crime of criminal impersonation from a class B misdemeanor to a class A misdemeanor (term of imprisonment up to one year, fine up to $2,000);

§         Creates a new criminal statute making it a crime to possess access devices, document-making equipment and authentication implements for the purpose of obtaining, tampering with, or using the personal identifying information of another person;

§         Requires the court to issue an order of restitution against the guilty party to allow full compensation for the victims;

§         Extends the statute of limitations for filing a lawsuit pursuant to this section from two years to three;

§         Creates a new privacy protection statute that will prevent the stealing and misuse of personal identifying information, including social security numbers, by businesses; and

§         Amends the asset forfeiture statute to provide for forfeiture of any money, proceeds, property or goods obtained directly or indirectly from a violation of identity theft statutes. [Source]

 

US – Alaska Consider Prescription Database Law

Alaska State Senate President Lyda Green, along with a bipartisan coalition of lawmakers, has introduced a bill that would create a statewide database of Alaska residents receiving certain prescription drugs. Senate Bill 196 is designed to provide a system that would alert pharmacists of potential abuse, but some fear that the creation of such a database would pose a threat to the privacy of individuals should the information fall into the wrong hands, or be used for purposes other than its original intent. As written, the bill would require a record of the patient’s name, prescribing doctor, prescription dates, pharmacy and method of payment. [Source]

 

US – Washington State Outlaws RFID Skimming

The Washington State House of Representatives has approved a privacy bill addressing concerns related to the use of personally identifiable information in conjunction with RFID technology. HB1031, sponsored by Rep. Jeff Morris, would make it a felony to “skim” RFID tagged items in order to capture an individual’s personal data and would prohibit vendors from capturing and retaining PII contained on an RFID tag without the user’s consent. The bill provides exemptions for organizations and educational institutions using RFID-enabled devices to provide emergency services or while conducting research. [Source] [HB1031]

 

 

 

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