Privacy News Highlights
23 June—13 July
2006
Contents:
EU – Brussels Unveils Plan to Use
Fingerprints on EU Passports
UK – Fury
Over Fingerprinting 700,000 School Children
CA – Ottawa Takes ‘Big Step’ to Biometric ID
CA – Harper Warns U.S. Against Border Plan
CA – Ontario Privacy Commissioner Releases Annual Report:
CA – Privacy Watchdog Sniffs Around Banks for Signs of
U.S. Snooping
CA – MPs Urge Lifetime Unique Identity Number for all
Voters
CA – Alberta Committee Seeks Public Input on Review of
PIPA
CA – Driveway Not a Private Place, Ontario Court Rules
CA – Poll: Canadians Want Personal Information Treated
More Responsibly
UK – UK
Guidance Issued on Transferring Personal Information Overseas
AU –
Australia Issues Spam Act Review Report
UK - LINX
Guidelines Let ISPs Share Spam Data with Cambridge
CA – Canadian Bar Association Speaks Outs Against ISP
Snooping
US – Army
Close to Full PKI Implementation
UK –
Widespread Abuse of Data Protection Act
UK –
Information Commissioner Issues First Website Enforcement Order
EU – EU
Fines Microsoft $357 million
US – Survey:
Employees Are Biggest Threat to Data Security
WW –
Technology Coalition Announces New Plans for Email Scanning
WW – Group
Urges 32 Nations to Block Bank Records Disclosure
EU – Data
Protection Laws Do Not Apply to International Banking Consortium
WW –
MasterCard, VISA Announce Updates to PCI Standard
CA – Supreme Court Ruling: Freedom of Information V.
Solicitor-Client Privilege
US – Florida
Moves to Putting Court Records Online.
US –
Consultant Hacks Into FBI’s Computers.
US –
University Notifies 180,000 of Personal Data Loss
US – Naval
Safety Center Leaks Personal Information of 100,000 Sailors, Marines
UK –
Identity Card Scheme Faces Delay
US – Experts
Form Research Center to Battle Identity Fraud
US – Judge
Bars U.S. from Publicizing Its Credit Monitoring Offer
UK – U.K.
Creates ‘Public Private Forum on Identity Management’
US – Class-Action
Lawsuit Calls Microsoft Windows Feature “Spyware”
WW –
Microsoft to Publish Its Privacy Rules.
US – FTC
“Concerned” About MySpace & Other Networking Sites
US – Five
Arrested In Theft of LexisNexis Data
CA – New CIPS Designation Boosts Academics, IT Pros
WW –
International Bank HSBC Hit by Bangalore Breach
WW – Search
Engine Promises Complete User Privacy.
US – Two OU
Grads Sue Over Data Breaches
EU – Unisys,
Microsoft Team up on EU Cross-Border Police Data System
US – Report:
Range of Laws Used in Fight Against Spyware
HK – Privacy
Campaign Aims to Protect Hotel Guests' Data
US – Data
Brokers and Buyers Anger Congress
US –
AT&T to Pay $550,000 to End Two Privacy Regulatory Matters
US – White
House Orders New Data Security Standards
US – New
Report Says e-Voting Systems Flawed
EU – Public
RFID Discussion Opened in Europe
US –
US-VISIT RFID Trial Shows Security Holes
KR – Grocery
Store Chain Employs RFID to Profile Shoppers’ Buying Habits
US – NASCIO
Releases Brief on Evolving State Chief Information Security Officer Role
WW – Study:
Who Are You? Can You Prove It?
WW – Study:
Organizations Facing Unnecessary IT Security and Financial Risks
AU –
Government Releases Smart Card Interoperability Framework Documents
US – FBI
Seeks New Law Requiring ISPs to Allow Wiretapping
CA – Bell Sympatico Intends to “Monitor or Investigate
Content”
CA – Drivers Sought to Test Black Boxes for ICBC
US – Privacy
Advocates Wary Of AT&T’s Privacy Policy Changes
US – Survey:
62% Oppose Database for Tracking of College Students
US – DHS
Privacy Chief Leaves to Join Hunton & Williams
US –
Identity Theft Bill Would Create National Standard for Banks, Other Entities
US –
Consumer Groups Oppose Federal Data Security Bill
US –
Illinois Governor Signs Identity Theft Bill
CA – Canadian Study Finds Widespread Workplace Monitoring
US –
Employees Sue Railroad Over Social Security Number Theft
The European Commission last
week unveiled technical details of a new type of biometric data to be used in
EU citizens' passports. Along with facial features that must be part of newly
issued travel documents by late August, member states will be obliged to issue
passports with two fingerprints by 2009.
Fury erupted last week after
it emerged an estimated 700,000 children are being fingerprinted at school.
Systems in 3,500 primary school libraries allow pupils to take out books by
scanning their thumb prints instead of using a card. But campaigners warn the
technology is a massive invasion of privacy and a step towards a "database
state". With an average primary school size of 200 pupils, pressure group
No2ID says at least 700,000 pupils are regularly having their fingerprints
scanned. And there are fears schools having children's fingerprints could lead
to the information being stored on government computers with DNA records and
personal details. [Source]
The federal government has
moved a major step closer to making all Canadian passports contain biometric
technology, similar to the ID information to be contained in the new
Prime Minister Stephen Harper
urged the
Government
spending must be open to the public: Commissioner Cavoukian says greater
transparency needed. While considerable gains have been made, government
organizations nonetheless continue to use the Freedom of Information and
Protection of Privacy Act as a shield to block the release of consultants'
contracts and the financial arrangements made with suppliers of goods and
services, said Information and Privacy Commissioner Ann Cavoukian. [Source]
[Privacy
watchdog blasts Liberals over fiscal secrecy] [Law
urged to disclose theft of information] [Acquittal
won't erase records, privacy chief warns]
MPs
who conducted a special inquiry into voter fraud in
An Alberta Legislative
Assembly all-party committee is currently set to review the Personal
Information Protection Act starting this Fall. “We want to consult with as
many people as we can who are governed by this legislation” said the Chair of
the Select Special Personal Information Protection Act Review Committee. “We
want to ensure that there is an appropriate balance of the right of an
individual to have personal information protected and the organization’s need
to collect, use and disclose personal information.” The committee will actively
consult with Albertans throughout the review and encourage those with an interest
to download the discussion guide at www.pipareview.ab.ca
[Source]
In a 3-0 ruling, the Ontario
Court of Appeal overturned an acquittal and ordered a new impaired driving
trial for a
According to an EKOS poll
released by the Privacy Commissioner of
The U.K. Information
Commissioner’s Office has published updated guidance to companies and other
organisations on transferring personal information outside
An Australian Senator has
released a report on the review of the Spam Act 2003, stating that “the
review found that the legislation, as part of the Government’s multilayered
strategy against spam, enabled active enforcement, productive industry
partnerships and, most importantly, international cooperation against the
global problem that is spam.” The report on the Spam Act review and the
submissions received can be accessed at www.dcita.gov.au/spam
[Source]
New guidelines may pave the
way for dozens of UK ISPs to participate in a
The Canadian Bar Association
has spoken out publicly against a growing trend of ISPs to monitor or investigate
their customers’ communications. The CBA notes that the activities are more
intrusive than prior legislative proposals and that the actions raise
solicitor-client confidentiality concerns. [Letter]
The U.S.
Army is ahead of schedule in implementing the public-key infrastructure
mandates of Homeland Security Presidential Directive 12, according to the
Army’s CIO. More than 70% of Army personnel now log on to Army networks using
the common access card and a personal-identification number. [Source]
According to a study published
this week, 44% of the 100 UK IT directors polled used genuine customer data for
application development and testing. Breaching the second principle of the Data Protection Act (DPA), this data was
used for purposes other than that for which it was collected. [Source]
The operator of a website
designed to allow searches for people’s contact details has been issued with an
enforcement order by the Information Commissioner’s Office (ICO). It is the
first time that the ICO has issued an order over a website. [Source] [Source]
The EU fined Microsoft $357
million for failing to obey its 2004 antitrust order to share program code with
rivals and threatened new fines of €3 million a day beginning July 31. The new
fines will take effect unless the company supplies “complete and accurate”
technical information to developers to help them make software that works
smoothly with its ubiquitous Windows operating system. [Source] [European
Regulators Vote in Favor of Daily Fines for Microsoft] [EU Ready to Issue Daily
Microsoft Fines] [SEC
Official Expects Heavy Fines Against Microsoft] [EC
to Debate Sanctions]
An audit finds that the
biggest risk of data breach or theft comes from careless employees or
consultants who don't properly secure the data they are entrusted with. The
audit, conducted by the Palisade Systems network and data security company,
surveyed companies that had reported data breaches or thefts in the past year
to the nonprofit Privacy Rights Clearinghouse, and reviewed their security
policies and procedures. According to Palisade Systems' audit report of the 126
companies surveyed, over 54% lost data or suffered a breach due to employee
error, with 34% being due to outside hackers or other intrusion attempts, and
the rest due to other causes. [Source]
[Survey]
Companies such as AOL, Yahoo,
Microsoft, Earthlink, and United Online have joined to create a “Technology
Coalition” to find ways to safeguard children online. The coalition plans to
scan emails for illegal images of children that are traded over peer-to-peer
networks and other messaging services. [Source]
A civil liberties group urged
32 governments to block the release of confidential banking records to
EU data protection laws do not
apply to the transfer of banking information to a non-EU country because of a national
security exception, according to a commission spokesman. Some Belgian officials
reportedly were aware of the transfer of personal financial data to
The year-old Payment Card
Industry data security standard will evolve with the release of new security
rules for entities that handle credit card data. Merchants who don’t follow the
rules are subject to fines or exclusion from processing credit card
transactions. The goals of the changes are to protect credit card information
from Web application security threats and to ensure that companies require
third parties to have proper safeguards to protect credit card data. [Source]
Goodis v.
The Florida Supreme Court
inched closer to toward implementing Internet access to state court records
while extending its nearly three-year moratorium on such access for another
year. In an administrative order, the justices approved a court committee’s
controversial recommendation that the
A
A probe is under way to
determine how the personal information of more than 100,000 Navy and Marine
aviators and air crew was available on the
The
An alliance of businesses,
colleges, and federal crime fighters will combine their expertise at a new research
center that will study the problems of identity theft and fraud. The Center for
Identity Management and Information Protection will be established in upstate
A
The UK Government
has appointed a chair for new the Public Private Forum on Identity Management.
The Forum will examine the evolving technologies used for identity management
and consider how public and private sectors can work together to maximise
efficiency and effectiveness. [Source]
Microsoft has
been named in a second lawsuit over its antipiracy Windows Genuine Advantage
program, which plaintiffs allege acts as “spyware” on their systems. Engineered
Process Controls, Univex and several other parties filed a class action lawsuit
in U.S. District Court in
Microsoft plans
in August to publicly release the privacy rules its employees have to follow
when developing products. Microsoft says the move, which offers a look behind
the scenes at the company, is meant to give the industry an example of what the
software giant sees as best practices in customer privacy. [Source]
The FTC has told Congress it
is concerned about potential danger to children who visit social networking Web
sites, such as MySpace.com. In testimony before a House Committee, FTC
Commissioner Pamela Jones Harbour said there is a "need for social
networking Web sites -- individually, collectively, and, most importantly,
expeditiously -- to develop and implement safety features to protect children
who visit their sites and empower parents to protect their children when they
do so." Last month, the FTC provided advice for parents and children about
safely using social networking sites such as MySpace, Facebook, and others. The
tips are featured on one of the most popular sections of OnGuard Online, an
online education resource covering safe and secure computing. [Source]
The Canadian Information
Processing Society (CIPS) is making improvements to its Information Systems
Professional (ISP) designation program by creating a body of knowledge all IT
practitioners should attain. The
A security breach at
international bank HSBC’s offshore data-processing unit in
A Dutch search firm said that
it will stop recording details of its users' online activity in response to growing
concerns over internet privacy. The company behind the Ixquick metasearch engine claimed that the
move makes it the only search engine permanently to delete all personal search
details gleaned from user log files. "This new feature of our search
engine ensures optimal privacy protection and maximum search performance for
our customers, since they will be able to search using the 12 best search
engines without their personal data being recorded," said an Ixquick
spokesman. [Source]
A lawsuit filed by two
Microsoft announced last week
that it was teaming up with Unisys to create the technology platform for a
cross-border system to share police data in the European Union. The system,
which is used by police and border guards on the Schengen area's external
borders, stores data about people who should not be allowed into the area,
terrorist suspects and people who should be under surveillance. [Source]
State and federal law
enforcers are increasingly cracking down on distributors of malicious spyware
and adware using an array of laws aimed at fraud, deception and snooping, CDT
finds in a new report. Led at the federal level by the FTC and Justice
Department, and in the states by the attorneys general, law enforcers have been
able to apply a broad range of statutes against those who distribute dangerous
and unwanted software by surreptitious means. CDT's report charts the important
cases against spyware distributors and identifies the statutes applied. [Source]
[Report]
Hotel staff should not
photocopy customers' passports when checking them in or use their personal data
for unsolicited marketing, industry professionals will be taught over the next
three months. Privacy Commissioner Roderick Woo Bun yesterday launched a hotel
privacy campaign with the Hong Kong Hotels Association in a bid to train
workers in handling the large amount of personal data to which they have
access. [Source]
Congress learned
last week during a series of hearings aimed at exposing peddlers of personal
data that almost every piece of personal information that Americans try to keep
secret is semi-public and available for sale. A House Committee subpoenaed
representatives from 11 companies that use the Internet and phone calls to
obtain, market, and sell personal data, but they refused to talk. All invoked
their constitutional right to not incriminate themselves when asked whether
they sold “personal, non-public information” that had been obtained by lying or
impersonating someone. [Source]
AT&T will pay $550,000 to
resolve two separate regulatory matters. Of note, the agreement resolves an
issue that was publicized earlier this year, when the FCC had proposed fining
AT&T $100,000 for failing to prepare and maintain an annual certification
of procedures for protecting the privacy of consumer records. [Source]
The Office of Management and
Budget has sent department heads an order to implement new data security
standards, which must be in effect in 45 days. The new standards - which come
after a series of government security breaches that exposed the personal
information on millions of veterans and other Americans - require encryption
for most laptops and mobile devices. In addition, the order calls for two
forms
of authentication for a user to access the data. [Source] [Source] [Analysis:
Government Data Security Guidelines Could Lack Teeth]
Researchers have concluded
that the most widely used electronic-voting systems all have flaws that can be
addressed relatively easily, but few states and counties have actually
implemented recommended security measures. The researchers also found that even
the printing of paper records, which are widely seen as a countermeasure to
hacking and other attacks on ATM-like touchscreen machines, does little good if
audits are not routinely and automatically performed. [Source]
The EU has begun a public
forum, “Your Voice in
A report from the DHS Office
of Inspector General highlights data security issues and recommends US-VISIT
develop and follow policy and procedures for its RFID system. The US-VISIT
program is failing to adequately protect personal data being stored in
databases and collected via RFID inlays embedded in its I-94 visa forms, and it
should design and follow policies and procedures regarding the use of RFID
technology and protections around personal information linked to RFID tags,
according to the report. [Source] [Skinner:
US Visit program RFID needs better security controls] [
The second largest grocery
store chain in
The National Association of State
Chief Information Officers (NASCIO), which represents the chief information
officers (CIOs) of the states, released a brief on the evolving role of the
state Chief Information Security Officer (CISO). Entitled “Born of Necessity:
The CISO Evolution – Bringing the Technical and the Policy Together,” the
research brief examines the role of the state CISO as it has evolved in
response to the growing complexities of the IT threat environment, homeland
security concerns, and the increasing demands for enhanced citizen services.
Specific points this brief addresses include: critical state CISO success
factors, security governance and reporting structures, the breadth and depth of
CISO authority, the range of CISO responsibilities, the importance of a CISO’s relationships
with internal and external stakeholders, the CISO and information privacy,
typical CISO education, experience, certification, and compensation, what state
CISOs really need to do their jobs, and a few predictions on the future
evolution of the state CISO. [Source]
A recent study sponsored by
RSA Security looking at trends in access and authentication, and revealed that
despite advances in authentication technologies, the majority of organizations
still rely primarily on user names and passwords for application access. The
study also confirms the proliferation of systems requiring secure access,
typically tens in small and mid-size organizations and hundreds in larger enterprises.
[Source]
[Report: Managing
Access Securely]
A report released last week
finds that North American organizations are exposing themselves to significant
security and financial risks because of the inability to properly manage their
IT assets. High instances of missing anti-virus software, un-patched software,
the prevalence of malware and poorly managed hardware lifecycles are negatively
impacting the effectiveness of the average information worker. Some stats:
- 1 in 16 corporate PCs missing anti-virus
software entirely
- 23% of PCs missing major operating system
service packs
- 49% of PCs show moderate to severe
infestations of ‘malware’
- 39% of PCs beyond stated system retirement
age
- 64% of corporations violating own operating
system deployment policies [Report]
See
also Deloitte & Touche report “Protecting
the Digital Assets: the 2006 Technology, Media & Telecommunications Security
Survey.”
The Australian government has
unveiled framework documents for the development of the smart card for
government employees and contractors. The documents include guidelines on data
and privacy management. The documents were released for public comment. Special
minister of state Gary Nairn said that interoperability among agencies
“shouldn’t be seen as being at the expense of citizens’ privacy, rather it
should be seen as strengthening it.” [Source]
The White House
is nearing an agreement with Congress on legislation that would write President
Bush’s warrantless surveillance program into law. The FBI has drafted sweeping
legislation that would require ISPs to create wiretapping hubs for police
surveillance and force makers of networking gear to build in backdoors for
eavesdropping. The draft bill would place the FBI’s Net-surveillance push on
solid legal footing. Now, it is ensnared in a legal challenge from universities
and some technology companies that claim the FCC’s broadband surveillance
directives exceed what Congress has authorized. [Source] [Source]
Bell Sympatico has informed
its customers that it intends to “monitor or investigate content or your use of
your service provider’s networks and to disclose any information necessary to
satisfy any laws, regulations or other governmental request.” According to
Michael Geist,
The Insurance Corp. of B.C. is
looking for 400 drivers willing to let a black box spy on when, where and how
safely they drive. If a pilot project finds that people using the devices drive
more safely, it could lead to rate discounts of up to 2%, said an ICBC
spokesma. But the research director for Safety by Education Not Speed
Enforcement, warned the move is part of the "insidious creep of
technology" that allows auto insurers to look for liability loopholes. [Source]
Some
observers say AT&T’s decision to change its privacy policy to specifically
state that it owns the information of its Internet and video customers may lead
other companies to lay claim to their customers’ data. [Source] [Source]
Citing concerns about privacy
and cost, a majority of Americans said they oppose the idea of the federal
government collecting vast amounts of information about individual college
students in order to monitor their progress, according to survey results
released Thursday by a group representing private universities The group
conducted the survey after the database was proposed last month in a draft
report by the Bush administration's Commission of the Future of Higher
Education. Under the proposal, colleges and universities would be required to
submit individual academic, enrollment and financial aid data, which could be
used to track every college student. [Source]
[Source]
[Source]
Maureen Cooney, acting chief
privacy officer at the Department of Homeland Security, has announced that she
will leave to join Hunton & Williams LLP as Counsel to the law firm and
Senior Policy Advisor for Global Privacy Strategies for the firm’s Center for
Information Policy Leadership. Cooney, who will join the firm in September, has
served as the top privacy officer for DHS since her appointment in September
2005. [Source]
Sens. Robert Bennett (R-Utah)
and Tom Carper (D-Del.) have introduced a bill that would require companies and
government agencies to notify consumers of security breaches if the incident
could lead to identity theft or account fraud. The bill would not require
businesses to notify consumers of every security breach. The American Bankers
Association supports the bill, which a spokesman said takes into account that
“it’s not necessary to design a completely new system to address data
breaches.” [Source]
A bill sponsored by Rep.
Darlene Hooley (D-Ore) which may pass the House this week, has been dubbed by
consumer groups as the “worst data security bill ever.” A longtime advocate of
legislation to better protect Americans from identity theft, Hooley acknowledged
that the measure has some flaws. The bill, known as the Financial Data
Protection Act, would set a national standard for protecting personal and
financial data. The bill would override laws in 18 states that allow any
consumer to freeze his or her credit. Instead, only consumers who had been ID
theft victims would be allowed to freeze their credit. Hooley said she would
seek to change that aspect of the bill this week to allow the states to “do
whatever they want in that area.” [Source]
Governor Blagojevich signed a
bill outlawing the practice of “pretexting.” The law makes it illegal for
someone to obtain personal information by posing as another person. The law was
prompted by concerns over the illegal sale of personal information online. [Source]
A new study from
Concerns about
identity theft prompted a group of nine Union Pacific Corp. employees to sue
the nation's largest railroad over its use of Social Security numbers to
identify employees. The Omaha-based company said in May that a computer with
names and Social Security numbers of 30,000 current or retired Union Pacific
employees had been stolen from a personnel employee April 29. The lawsuit
claims that Union Pacific acted negligently by failing to protect the data. [Source]
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