Privacy News Highlights
11—19 January 2006
Contents:
US – DHS Chief
Eyes ID Cards with Biometric Data
US – Passport of the Future to Be Tested in San Francisco
ON – Ontario Improves Driver’s Licence
Security
CA – CIPPIC Challenges Privacy Commissioner
Decision
CA – Nova Scotia A-G Worried Information
Could Fall into Wrong Hands
CA – B.C. Government Wants Names of
Alberta-Shopping Costco
WW – Apples ITunes Raises Privacy Concerns
WW – Study: Email Accounts at Risk
US – U.S. Bans Anonymous Annoying E-Mails
WW – Study: Consumers Increasingly Hitting “This Is Spam”
Button
CA – Standard Introduced to Establish
Electronic Records as Evidence
US – OMB to Enforce Records Management
US – Studies: Teens’ Use of Text Messages Up Sharply
CA – Business Use of Instant-Messaging
Tools Gain Popularity
US – Texas Law Requires Retailers to Conceal Most of
Credit, Debit Card Numbers
UK – Appraising the Freedom
of Information Act, One Year On
CA – P.E.I. Government Announces
Partnership to Develop Electronic Health Record
UK – Life-Saving Research Is Blocked by Overzealous Data
Privacy
US – 50,000 Resort Customers Face ID Theft
US – Bank’s Computer Tape with 90,000 Customers’ Data
Lost
UK – Government Loses ID Card Vote in Lords
US – U.S. Border-Crossing Cards Could Eventually Be Used
As Other ID
AU – Australia’s Top Lawmaker Backs National ID Card
AU – Business Will Carry High Cost of National ID Card
US – 200,000 New Yorkers Told Under New Law of ID
Security Breaches
WW – In Defence of Anonymity: Accountability is the Key
WW – Anti-Spyware Coalition Releases “Risk Model
Description”
IN – India Aims to Fight Fraud with Worker Database
HK – Privacy Chief Says Privacy Commission Needs More
Power
US – Bush Administration Seeks Court Order for Google
Data
US – FTC Unveils Web Site to Help Consumers Fight
CyberCrime
SA – South African Law Reform Commission Proposes Privacy
Agency
US – Groups Sue Bush for “Seriously Compromising Free
Speech and Privacy Rights”
WW – Report: Cost, Privacy Imperil RFID
US – NIST Report on Personal ID Verification SmartCard
Management Report
AU – Childcare ‘Smartcard’ Probe
US – Congressional Agency Questions Legality of Bush
Wiretaps
US – Spy Agency Data After Sept. 11 Led F.B.I. to Dead
Ends
US – Polls Show Increasing Skepticism of Government
Surveillance
UK – U.K. Will Be First to Monitor Every Car Journey
CA – Rogers Cable Criticized for Posting
Customer Data
US – Poll: More Than 75% of U.S. Adults Listed on DNC
Registry
US – Agencies Probing Sales of Cellphone Data
US – Senators Introduce Bill to Enforce Privacy of Cell
Phone Records
US – DHS to Outsource Smart-Card Identification System
for Federal Employees
US – Survey: U.S. Government May Not Meet 2006 Deadline
on Data Security Standards
US – Ohio Data Breach Law Takes Effect Next Month
JP – Survey: Working At Home Horror Stories
Homeland Security Secretary Chertoff said this week
that he intends to spend money to develop technology that will allow
identification cards to serve several purposes, but stopped short of advocating
a national identification card. Chertoff told reporters at a media briefing
that he believes it is critical to develop a technological platform for ID
cards that is efficient and versatile. He said the department ought to be
working toward the creation of a single, secure card embedded with biometric information
and capable of working across jurisdictions. Chertoff said a multi-functional
ID card could satisfy the conditions and simultaneously serve other security
initiatives, such as the Registered Traveler program for moving pre-approved
airline passengers through screening more quickly. [Source]
This week the U.S. Department of Homeland Security
(DHS) began live testing at the
The McGuinty government has announced that it is
strengthening the security of
In December, 2005, the Canadian Internet Policy and
Public Interest Clinic (CIPPIC) filed an application for judicial review in the
Federal Court of Canada challenging the Privacy Commissioner’s determination
that she lacks jurisdiction to investigate a U.S.-based data-broker. [Source] [Application]
[OPC letter
on Juridiction]
Nova Scotia Auditor General Roy Salmon is worried Nova
Scotians' privacy may be jeopardized by the U.S. Patriot Act. Mr. Salmon, who
tabled his 2005 report in the legislature this week, is concerned everything
from patient information to a person's income and marital status could be
accessed by the American government. Mr. Salmon said Justice Minister Michael
Baker received a report assessing the risks to privacy from the Patriot Act but
would only give the auditor general's office a heavily edited version. Mr.
Baker said the excluded sections contained legal advice obtained by the province.
The minister said as a result of that advice, his government plans to introduce
legislation in the spring session of the House dealing with privacy and the
Patriot Act. [Source]
Costco is fighting a request from the B.C. government
to turn over the names of all its B.C. members who have avoided sales tax by
shopping at its
A new version of Apple Computer’s popular iTunes
software is drawing criticism from privacy advocates for sending information
about computer users’ playlists back to Apple. The new music software includes
a “MiniStore” window, which provides recommended links to Apple’s music download
service when a listener actively clicks on a song in their personal playlist,
including songs that have not been purchased from the iTunes store. [Source] Follow-up: Apple Denies Retaining Info About Music
Libraries: Apple
has responded to a small uproar over privacy concerns regarding its latest
version of iTunes, announcing that it does not keep information about a
person's purchases. The company also offered a way to turn off the new MiniStore
feature, which tracks the music and video individuals listen to and watch, and
offers suggestions that may match a person's tastes. [Source]
A study shows half of all Australian e-mail account
users do not adopt appropriate password security and could be at risk of “user
identity theft”. The findings come from a survey of about 900 university
students, which revealed little concern for password security. [Source]
President Bush last week approved a new law that creates a federal offence out of sending an
anonymous email or posting anonymous comments with the intention of annoying
the recipient. It carries a maximum punishment of two years in prison and a
fine. [Source]
Rather than unsubscribing from the lists of e-mailers
from whom they no longer want to hear, consumers say they have dramatically
increased their use of the “this is spam” button, according to a recent survey.
Almost 34% of consumers in a postholiday survey said they dealt with increased
volume in their inboxes by reporting e-mail they no longer want as spam to
their Internet service providers. This is up from 23.4% the previous year. “This
is not good news for marketers,” said the survey sponsor. “It’s really easy to
report somebody as junk or spam, so the bar is higher for marketers to be
really relevant.” Being reported as spam increases the likelihood that a
company’s e-mail will be filtered, whether it is permission-based or not. Seven
complaints per 1,000 e-mails can get a sender blocked from AOL’s servers. [Source]
After more than three years of development, the
Canadian General Standards Board Thursday released a standard that outlines how
to ensure records generated from electronic information systems are reliable,
authentic and trustworthy. The CGSB standard on electronic records as
documentary evidence was created to help public and private organizations
maximize the admissibility of electronic documents in a courtroom setting. To
guide companies, the standard outlines policies, procedures, practices and documentation
required to establish the integrity and authenticity of electronic records. [Source]
U.S. Federal officials have expanded the federal
enterprise architecture program by adding a large-scale records management
initiative. Their aim is to harmonize records management practices agencywide
and governmentwide. Officials intend for the enterprise architecture program to
prescribe standard practices for handling federal records. Officials released a
records management profile last month. Profiles combine guidance and best
practices in a basic methodology that agencies can use. [Source]
To many privacy geeks, it’s the holy grail -- a
totally anonymous and secure computer so easy to use you can hand it to your
grandmother and send her off on her own to the local Starbucks. That was the
guiding principle for the members of kaos.theory
security research when they set out to put a secure crypto-heavy operating
systems on a bootable CD: a disk that would offer the masses the same level of
privacy available to security professionals, but with an easy user interface. [Source]
In June 2005, wireless users sent 7.3 billion text
messages - that’s up 154% from June 2004, according to a survey by the Cellular
Telecommunications & Internet Association. As for teenagers, 64% of teens
who own a cell phone have sent a text message, according to the Pew Internet
and American Life Project. Many parents of teenagers underestimate the need for
a plan that includes text messaging, which can make opening the monthly cell
phone bill a jaw-dropping experience. [Source]
By the end of 2006, more than half of Canadian
businesses will be using instant-messaging tools to remain competitive, a
market-research company says. Instant messaging, which has a history of being
primarily a tool for teens, is becoming more attractive to businesses, which
are growing aware of the limitations of e-mail, says a study by IDC Canada
released last week. Businesses, the study says, can no longer afford to have staff
wait for e-mail responses, or sift through replies to the same question from
many people. [Source]
A new
The Freedom of Information Act came into force 12
months ago and most public authorities say it is helping to create a culture of
greater openness. But the Act’s regulator has had over 2,300 complaints about
the public sector improperly refusing to release information. According to the
Information Commissioner’s Office, over 1,000 of these complaints have been
resolved either by negotiation, informal resolution or by formal decision
notice. Only 135 such notices have been issued so far. [Source]
The Department of Health has signed a contract with
Cerner Corporation to develop and implement a Clinical Information System,
paving the way for the development of an Electronic Health Record (EHR) on
P.E.I. The EHR will allow health care providers in P.E.I. hospitals and family
health centers to have electronic access to a patient’s complete medical record
including information such as medical test results and medication history. The
EHR project is funded by Canada Health Infoway and six
Tens of thousands of Britons are dying needlessly each
year because red tape is denying researchers access to essential patient data,
senior medical scientists said this week. Overzealous interpretation of data
protection laws is blocking critical studies into conditions such as cancer,
stroke and diabetes, a report from the Academy of Medical Sciences (AMS) has
found. The academy said that excessive regulation not required by law was
making it impossible to conduct the large studies involving tens of thousands
of people that were necessary to investigate the causes and treatment of many
diseases. The restrictions had become so severe that groundbreaking research
such as the studies that linked smoking to lung cancer could not have been
carried out under the present climate. [Source]
[Source]
[Source]
The identities of more than 50,000 customers of major
A computer tape from a Connecticut bank containing
personal data on 90,000 customers was lost in transit recently, the bank
reported. The tape contains information such as names, addresses, Social Security
numbers and checking account numbers. [Source]
The government has been defeated in the House of Lords
over identity cards as peers voted for their full costs to be revealed. The
Lords voted to force ministers to set out the full cost of their identity cards
plan before any scheme can come into effect. Voting was 237 to 156, a majority
of 81, during the Identity Cards Bill’s report stage. The move by Tories and
Liberal Democrats means the measure will not come into effect until Home Secretary
Charles Clarke has laid a report before Parliament, for approval by MPs,
containing a detailed account of the revenue and capital costs arising from the
legislation with a statement of expected benefits. Ministers will now have to
consider whether to seek to reverse the defeat when the Bill returns to the
Commons. The debate centred on a London School of Economics report which
claimed the scheme would cost up to £19 billion - more than three times the
Government’s estimates - and that the cost of an individual ID card could be
high as £300. Opposition peers rejected Government claims that details of the
financial implications could not be discussed openly because of the need for
confidentiality, saying: “The Government say the annual costs are £584 million.
“The London School of Economics report put the figures over ten years at around
£10 billion to £19 billion.” And “This amendment is about transparency and
openness in Government, and [we] do not believe that the Government have demonstrated
those qualities in connection with this Bill.” [Source] [Source] [Source]
Planned border-crossing cards for Americans
re-entering the
The Australian Chamber of Commerce and Industry (ACCI)
said a national identity card would cost the economy up to $15 billion and may
do little to stop terrorists. The ACCI warned the cost of the card would be
largely borne by the business sector, over and above the estimated $750 per
person it would cost to introduce the system. The warning follows a proposal by
Attorney General Philip Ruddock to have an inquiry into the introduction of a
national identity card. Ruddock said the inquiry will examine what information
the card should contain, what legislation was needed and how much it would cost
to implement. He said privacy fears are misplaced as the Tax Office and
Centrelink already hold large amounts of personal information. While the move
has been supported by Prime Minister John Howard, many coalition MPs are
sceptical. [Source]
More than 200,000
Bruce Schneier, an author and the CTO of Counterpane
Internet Security, explores the impact of anonymity on online commerce. Despite
recent criticism of the dangers of anonymity, Schneier argues problems arise
when there is a lack of accountability. “If someone isn’t accountable, then
knowing his name doesn’t help,” Schneier writes in Wired News. [Source]
The Anti-Spyware Coalition’s “risk
model description” document details objective criteria that anti-spyware
developers can use to judge whether certain software should be identified as
spyware and deleted from a user’s system. The document, which was drawn up
after the receipt of more than 100 comments from organizations and individuals,
was released this week in
At the state level in the
Privacy Commissioner for Personal Data Roderick Woo is
vowing to ask lawmakers to grant more power to the Privacy Commission to
investigate and prosecute privacy violations. Currently, the commission makes
referrals to the police. The ordinance requires an affected party to initiate a
complaint. Woo would like the commission empowered with the authority to take
on matters with “great public interest” even if a victim has not filed a
complaint. [Source]
The Bush administration this week asked a federal
judge to order Google to turn over a broad range of material from its closely
guarded databases. The move is part of a government effort to revive an Internet
child protection law struck down two years ago by the U.S. Supreme Court. In court
papers filed in U.S. District Court in San Jose, Justice Department lawyers
revealed that Google has refused to comply with a subpoena issued last year for
the records, which include a request for 1 million random Web addresses and
records of all Google searches from any one-week period. [Source]
The FTC says it is trying to educate consumers about
ID theft, phishing and spam, by making the information easily accessible. The new site includes a quiz that explains
wrong answers. The site also provides information on how consumers can monitor
their credit histories, create secure passwords and rebound from ID theft. [Source]
A government
agency to regulate the kind of privacy a person may enjoy would be set up if
draft legislation by the SA Law Reform Commission (SALRC) is approved. The
commission today invited interested persons to attend regional meetings on a
discussion paper entitled the Protection
of Personal Information Act, which it has published. The proposed agency
would be called the Information Protection Commission. [Source]
[Source]
Federal lawsuits were filed this week seeking to halt President
Bush’s domestic eavesdropping program, calling it an “illegal and unconstitutional
program” of electronic eavesdropping on American citizens.
The lawsuits accusing Bush of exceeding his
constitutional powers were filed in federal court in
Research firm In-Stat/MDR is predicting explosive
growth in the RFID market over the rest of the decade – if cost and privacy
issues can be resolved, according to one of the authors of the report. [Source]
[RFID
Production To Increase 25-Fold In Four Years]
The U.S. National Institute for Standards and
Technology (NIST) has released Interagency Report 7284, Personal
Identity Verification Card Management Report, which provides an overview of
card management systems, identifies generic card management requirements, and
considers some technical approaches to filling the existing gaps in PIV card
management. The purpose of the report is to offer higher level of consistency
and testability for PIV card issuance processes, enhance ability to outsource
various card management components and functions, and improve overall security
for the Federal PIV framework. [Source]
The Australian federal Government is investigating a
childcare “smartcard” which sends attendance records to Centrelink. Family and
Community Services Minister Kay Patterson revealed she had asked her department
to investigate the national smartcard following a call by an MP for the
Government to dismantle the childcare system. Ms Kelly called on the Government
to channel childcare rebates through employers and give tax incentives to
businesses to “buy” childcare for workers. [Source]
The Bush administration appears to have violated the
National Security Act by limiting its briefings about a warrantless domestic
eavesdropping program to congressional leaders, according to a memo from Congress's
research arm released this week. The Congressional Research Service opinion
said that the amended 1947 law requires President Bush to keep all members of
the House and Senate intelligence committees "fully and currently
informed" of such intelligence activities as the domestic surveillance effort.
The memo from national security specialist Alfred Cumming is the second report
this month from CRS to question the legality of aspects of Bush's domestic
spying program. A Jan. 6 report concluded that the administration's
justifications for the program conflicted with current law. [Source]
The New York Times reports that, in the months after
the Sept. 11 attacks, the National Security Agency began sending a steady
stream of telephone numbers, e-mail addresses and names to the F.B.I. in search
of terrorists. The stream soon became a flood, requiring hundreds of agents to
check out thousands of tips a month. But virtually all of them, current and
former officials say, led to dead ends or innocent Americans. F.B.I. officials
repeatedly complained to the spy agency that the unfiltered information was
swamping investigators. The spy agency was collecting much of the data by
eavesdropping on some Americans’ international communications and conducting
computer searches of phone and Internet traffic. Some F.B.I. officials and
prosecutors also thought the checks, which sometimes involved interviews by
agents, were pointless intrusions on Americans’ privacy. [Source]
Two polls show increased concern over privacy and
surveillance in
Canadian Press reports that the Rogers Cable website
has long allowed anyone with Internet access to find out which packages and
specialty channels – including several adult services – the company’s customers
enjoy. A spokesperson with the Privacy Commissioner of
A Harris poll has found support growing in the
A U.S. Congressman said last week that federal
agencies were looking into whether telephone companies were sufficiently
protecting consumers’ records amid concerns that Internet sites were selling
cellphone call information. Rep. Edward Markey, a Democrat from
Three senators this week introduced legislation that
would make it a crime for someone to obtain cell phone customer call records
under false pretenses. Senators Charles Schumer (D-N.Y.), Arlen Specter (R-Pa.)
and Bill Nelson (D-Fla.) introduced the bill. [Source] [Source]
Companies had a deadline this week to design a system
that would satisfy a presidential directive to create new federal IDs to
control access to federal buildings and computers. The plan would give a
private company the job of collecting and storing employees’ personal
information, digital photographs and fingerprints. Privacy advocates and some
members of Congress are likely to object to a private company controlling a
homeland security database that contains personal information. President Bush’s
2004 directive set an October deadline for the system. [Source]
A Cisco survey shows that less than half of the
federal IT officials believe they will be fully compliant with the 2002 Federal
Information Security Management Act by the end of 2006. However, the government
standards are more stringent than private-sector standards, according to Cisco.
The survey revealed that respondents showed the most concern for security
issues related to the “loss of privacy of employee and citizen data due to a
security breach.” [Source]
Companies and state agencies that experience data
breaches must notify consumers within 45 days, under a law that takes effect
Feb. 17. Health-care and financial institutions mostly are exempt from the new
law because they are subject to federal rules. [Source]
Dutiful employees with intentions of finishing work at
home have suffered the consequences of losing a computer with sensitive company
data. Some employees have been the target of theft, which led to potential data
leaks. The Japan Network Security Association found in a 2004 analysis of data
leaks that 36.1% of the incidents were due to theft and 21.6% were attributed
to lost items. [Survey]
--------