Privacy News Highlights
26 May—01 June
2006
Contents:
CA – Canadian Biometric ID Documents: Toronto Public
Forum June 15th
US – Proposed Temporary Worker National ID Program Raises
Concerns
CA – Privacy Commissioner Issues Annual
Report, Wants Closer Scrutiny of Businesses
CA – Data on VIA Travellers at Risk,
Privacy Commissioner Warns
CA – Canada Planning New Cyber-Security
Task Force With U.S.
CA – Commissioner Decisions Address
Importance of Privacy in Business Transactions
CA – National Security Organizations Open
Up on Racial Profiling, ‘Secret Police’
US – Study: Women More Concerned About Privacy
US – White House Privacy Board Off to Slow Start
WW – April 2006 Sees Increase In Phishing Attacks
US – Data Breach Laws to be Explored During P&AB
Tele-Web Conference
EU – Passenger Data Deal Is Unlawful, Says European Court
EU – Privacy Chief Raises Concerns About Recent European
Court of Justice Ruling
AU – Fake Survey Easily Elicits Sensitive Personal Data
WW – Amnesty International Seeks to End Net Repression
US – Study: Reducing ID Theft by Increasing E-Commerce
AU – ID Theft Worry Adds Up to Opportunity for ‘Trusted’
Banks
CA – Toronto Firm at Centre of Security
Breach
US – Connecticut University Computer Breach Exposes Data
on 135,000 People
US – Two Men Charged with Extortion Against MySpace.com
UK – Bank Leaves Customer Documents in Street
CA – Passport Canada Issued Three Million
Passports in One Year
US – Local Schools Employ ID-Tracking Program
EU – More Employers Offering Help on Identity Theft
UK – Barclays Offers Free AV Software to Online Banking
Customers
US – Utah Cops Frustrated by Health Privacy Laws
US – U.S. Urges ISPs to Record Customers’ Activities
AU – Australia National Privacy Phone-In Begins
JP – Fewer People Responding to Government Polls
US – RFID Chips For Migrant Workers In The U.S.?
EU – European Commission Launches Network Security
Campaign
US – NAID Survey: Business Execs Say FACTA Doesn't Go Far
Enough
US – VA Employee Took Sensitive Data Home for Three Years
US – ACLU Asking State AGs & Utilities to Demand NSA
Wiretapping Probe
US – Philadelphia Plans to Install Security Cameras
US – Fresno to Install “Most Sophisticated Video
Surveillance Systems in the Country”
US – Senate Panel Split Over Questioning Phone Company
Executives
US – Bush Seeks Dismissal of Wiretapping Suits: Trials
Would Reveal Classified Data
US – Law Enforcement Agencies May Tap Data Brokers for
Telephone Records
US – House Committee Approves Cybersecurity
Enhancement and Data Protection Act
US – Hawaii Governor Signs Six New ID Theft Bills
US – Identity Theft Prevention Bill Passes in California
State Senate
US – Minnesota Credit Freeze Bill Signed Into Law
US – Oklahoma Identify Theft Protection Measure Clears
House
US – New Illinois Credit Law Hinders Identity Theft
US – Indiana Legislature Passes Identity Theft Bill
US – New Hampshire Governor Signs Law to Help Deter
Identity Theft
US – Insurers Urge Veto of N.Y. Credit Freeze Legislation
CA – Halifax SB Queries Teachers on Their
Sexual Orientation
UK – Survey: Urge to Snoop Into Private Files Is Common
The possibility of having some form of biometric ID
document in
President Bush has endorsed a national identification
process for temporary workers that uses biometric technology. The plan is part
of the immigration reform bill now in a congressional conference committee. A
national identification program has been contentious for some time. The Senate
bill calls for a tamper-proof system that verifies identification and
electronically verifies employment eligibility. The House bill requires only
that Social Security numbers be checked against a federal database. [Source]
Privacy Commissioner Jennifer Stoddart this week gave
her annual report to Parliament, which included a request for a 50% increase in
her budget and statistics on the number of privacy complaints and their outcome.
Stoddart said the commission received 401 business-related privacy complaints
in 2005 – 219 of which were settled or cleared without a full probe. The report
indicated that the commission may seek more power “to visit private-sector
entities and review their privacy management framework and practices.” [Source]
[Fed.P.Commish
Alarmed by growth of RFID] [New
technologies threaten privacy: report] [2005 Annual
Report on PIPEDA] [Canadians
concerned about loss of privacy: report] [Privacy
commissioner wants more power] [Electronic
tags worry privacy chief] [Federal
Privacy Commissioner to tackle RFID]
Sensitive personal information about millions of Via
Rail travellers could be at risk if the Conservative government goes ahead with
a major shift in privacy laws under its new federal accountability bill, says privacy
commissioner Jennifer Stoddart. Under the change, employees and customers of
Via Rail, along with the customers and employees of the CBC and employees of
Atomic Energy Canada Ltd., will have no ability to sue or go to the courts for
damages should any of the Crown corporations disclose their personal information,
Stoddart said. While placing the three Crown firms under the provisions of the Access to Information Act, the government
is also transferring them from the Personal
Information Protection and Electronic Documents Act, which covers the private
sector, to the Privacy Act. Privacy Act provisions prevent
disclosure of personal information under the Access to Information Act, but offer no recourse to the courts for individuals
whose rights have been violated. “The sad reality is that personal information
is far better protected in the federally regulated private sector than it is in
the federal public sector,” Stoddart told the Commons committee studying the
Federal Accountability Act. [Source]
Michael Geist reports that the Canadian government appears
ready to launch a new Cyber-Security Task Force. The move raises questions
about the task force composition and the likelihood that new surveillance
legislation will soon follow. [Toronto Star version]
[Homepage]
[No
carte blanche to spy on citizens]
Fears about racial profiling, secret evidence and
abuse of power were at the forefront of a discussion between Edmontonians and
Canadian security organizations last Sunday. Representatives from CSIS, the
RCMP and the Canadian Border Services Agency met with about 50 members of the
public at
The
Critics are unhappy with the progress of the White
House’s new civil liberties board. President Bush selected the members a year
ago to serve on the Privacy and Civil Liberties Oversight Board, which has met
four times. In recent months, the board has met with civil liberties and
privacy leaders. However, critics contend that given the board’s mission to
protect Americans’ rights as the nation fights terrorism, it has been off to a
slow start despite renewed concerns about the government’s data-mining and
surveillance programs. [Source]
Data for the first quarter of the year – compiled by
SurfControl’s Global Threat Experts – reveals that phishing attacks have
increased in recent weeks, accounting for 4.2% of total spam emails. The data
suggests that about 1 in 9 spam emails attempt to undermine users’ financial
privacy. [Source]
[Source]
HR privacy expert, Dr. Donald Harris, leads a TeleWeb
Conference July 13, 2006 on data breaches, with a case study of how a major HR
data loss led to a reappraisal of all practices for handling personal data, a
close look at new breach legislation at home and abroad, and what employers
should be doing to prevent and effectively respond to breaches are also on tap.
[Source]
The European Court of Justice has ruled that an
agreement between the European Commission and the
European Data Protection Supervisor Peter Hustinx said
the European Court of Justice’s (ECJ) recent airline passenger data decision
has created a loophole in data protections for Europeans when the information
is used for law enforcement purposes. The ECJ ruled that the 1995 EU Data Protection Directive does apply
when data is transferred for commercial reasons. However, it also ruled that
the Directive does not apply when the information is transferred for criminal
offenses or security. [Source] [Officials
react to EU security fears]
The personal data trail is vast – and in many cases,
people are their own worst enemy. Of the 30 people stopped for a fake survey,
20 people answered every question – enough to easily start a criminal down the
devastating path of identity theft. People gave their full names, birth dates,
telephone number, home address, mother’s maiden name and other personal
details, including which bank they used. [Source]
Amnesty International marked its 45th anniversary
on Sunday by launching a global campaign to stamp out state censorship of the
Internet. The human rights pressure group called on Web users to sign a pledge
calling on governments to stop censoring sites and urging technology
corporations not to collude with them. [Source] [Source]
A new survey by Javelin Research & Strategy
indicates that those who pay their bills online have a lower likelihood of
having their identities compromised. Additional recent research by Harris Interactive
shows that 56% of American households with Internet access are paying at least
one bill each month online, up from 52% in June of 2004. Most interestingly, 87%
of users who do pay bills online do so from a single, consolidated Web site,
sponsored by a bank, brokerage or Internet portal. Therein lies the key,
according to Javelin. If you pay your bills often at these “portals,” you will
dramatically decrease the risk that some nefarious member of an organized crime
syndicate will snatch your data, mid-stream, off the Internet. That’s important
information – potentially perception changing. [Source]
Banks can enhance their reputation for security by
acting as custodians for personal identity credentials designed to make
identity theft difficult. This idea was advanced by a partner in Unisys’ global
financial services division at a Financial Services conference held in
Two
A
high street bank apologized this week after confidential documents – including
account numbers and home addresses - were found lying in a street. The items
were found in bags of rubbish left outside the Halifax Bank of
Passport
Software’s purpose is to keep sex offenders out, but
it has critics: With a quick swipe of a driver’s license, officials in nearly
four dozen
As identity theft continues to claim millions of
victims, a growing number of employers are offering to help affected workers
pick up the pieces. Companies including drugstore chain Rite Aid Corp.,
publisher Reed Elsevier PLC, and Qwest Communications International Inc. have
recently been signing up for identity-theft resolution services to offer their
employees as a workplace benefit. [Source]
Barclay’s bank is purchasing antivirus software for
all 1.6 million of its online banking customers. The software will update
automatically once it is installed. The bank also plans to deploy a
text-messaging system to inform customers when funds are transferred with the
use of their online banking details. A Barclays’ spokesperson said the free
antivirus software is not a bid to limit the bank’s liability in the event of
fraudulent activity. [Source]
Privacy foils police: A suspect in hospital is out of
the law’s reach: Strict federal privacy laws protecting patients at health-care
facilities left law enforcers in a frustrating situation as they sought to
apprehend a man suspected of assaulting his wife and trying to burn her house
down. “We at least would like to know where these people are at,” said a Salt
Lake County Sheriff. [Source]
U.S. Attorney General Alberto Gonzales and FBI
Director Robert Mueller urged telecommunications officials to record their
customers’ Internet activities. In a private meeting with industry
representatives, Gonzales, Mueller and other senior members of the Justice
Department said Internet service providers should retain subscriber information
and network data for two years, according to two sources familiar with the
discussion who spoke on condition of anonymity. [Source] [Microsoft
comments on data retention] [Source]
[Industry,
others object to data retention]
Australians will have the chance to air their concerns
about privacy protection in a national phone-in. The phone-in, organized by the
Australian Law Reform Commission kicks off a major inquiry into the federal Privacy Act. The Commission president
said complaints were likely to include personal details being kept by
telemarketers, the security of health information and the increasing use of
video surveillance. [Source]
The government has started reviewing ways to increase
the response rate of government-run public opinion surveys, which has sharply
dropped recently. The government annually conducts about 12 surveys on such
subjects as social issues and foreign policy, questioning 3,000 to 10,000
people. The response rate was about 70% as recently as 2-3 years ago. This rate
fell below 60% once the Personal
Information Protection Law was enacted in April 2005. In a diplomacy survey
conducted in October 2005, the response rate was 58%, 10.4 percentage points
down from the previous survey. [Source]
VeriChip
chairman Scott
Silverman's appearance on American TV this week has raised fears of the
introduction of RFID technology. According to RNIF, he “bandied about the idea
of chipping foreigners on national television Tuesday.” RINF said Silverman
appeared to be emboldened by the Bush Administration call to know “who is in
our country and why they are here.” He told Fox & Friends that the VeriChip
could be used to register guest workers, verify their identities as they cross
the border, and “be used for enforcement purposes at the employer level.” He
added: “We have talked to many people in
Europe remains woefully unaware of the security risks
to computer networks, the European Commission said Wednesday as it unveiled a
new awareness campaign called IT Security for
The vast majority of business executives say that a
one-year old federal law requiring companies to destroy certain documents
containing consumer credit information does not go far enough, a survey finds. The
survey marked the one-year anniversary of a provision in the federal Fair and Accurate Credit Transaction Act (FACTA).
The so-called "Final Disposal Rule" requires most businesses to destroy
documents containing consumer credit information before discarding them. There
is currently no national requirement to destroy discarded personal information
that is not derived from a credit report. According to the survey, commissioned
by the National Association for Information Destruction (NAID), nearly 85% of
business executives would support a similar destruction requirement that
covered all personal information regarding a consumer. [Source]
A data analyst employed by the Veterans Affairs
Department (VA) is cooperating with local investigators and the FBI after
someone broke into his
The ACLU launched a 20-state campaign on Wednesday to
stop warrantless eavesdropping by the National Security Agency and prevent
telecoms firms from providing it with phone records. The rights group was
appealing directly to the states because it said the U.S. Congress had failed
to exert its oversight role over the White House and because the FCC had chosen
not to pursue complaints. The ACLU and its affiliates are petitioning utilities
regulators and attorneys general in 20 states to demand investigations and
public hearings with a goal of stopping the domestic spying or revealing more
about it. [Source]
Regulators
to look into NSA data after all] [Can
the NSA Find Meaningful Patterns in Phone Records?] [Source]
[Source] [ACLU
sues phone companies over secret surveillance claim] [Source]
Meetings next week will give focus to the
security-camera project, enthusiastically approved by voters last week. With an
overwhelming mandate from
Members of the Senate Judiciary Committee are divided
over proposals to question executives of four telephone companies about whether
they gave the government records of millions of calls in the
The Bush administration has asked federal judges in
During a Congressional inquiry into the online sale of
private telephone records, data brokers revealed their client lists, which
included the FBI and the Department of Homeland Security. It is unclear whether
the practice is illegal, according to this article. An FBI spokesman said it
was possible that the bureau had used a data broker’s services, but added that
these companies offer options other than providing telephone records. A spokesman
for DHS said the agency does not buy private information. [Source]
[Federal,
state privacy protections rarely apply to Net]
The US House of Representatives Judiciary Committee
has approved the Cybersecurity Enhancement and Data Protection Act of 2006. If
it becomes law, the bill would make the use of botnets a federal crime and
provide for sentences of up to 30 years for violations of certain portions of
the law. It would also give US$10 million to the FBI, Department of Justice and
Secret Service for cybercrime investigation and prosecution. Furthermore,
failing to inform the FBI or Secret Service of a security breach that affects
5,000 or more individuals would “be punishable by up to five years in prison.”
[Source]
[Source]
[Lax
standards for Feds in data breach vote]
Hawaii Gov. Linda Lingle said her state will have “some
of the most comprehensive laws in place to protect consumers from identity
theft” with the addition of six new laws. This story contains details about the
bills – Notification of Security Breaches, Destruction of Personal Information,
Social Security Number Protection, Security Freeze, ID Theft Task Force and a
law that will offer increased protection of personal information by making “unauthorized
possession of confidential personal information” a Class C felony. [Source] [Source]
Requiring retailers and financial institutions to
remove credit card and bank account numbers from credit card transaction
receipts at stores and banks, legislation was unanimously passed by the state
Senate last week to decrease the rate of identity theft throughout the state. “The
fewer places your sensitive financial information appears in print, the lower
the odds are that you’ll become the state’s next identity theft victim,” said
the bill’s author, Senator Debra Bowen. “In this day and age, there’s no reason
why retailers or banks need to print people’s credit card numbers on the
receipts they keep after a sale or a cash withdrawal on a credit or debit card.”
The legislation will now move to the Assembly and is expected to be heard in
June. [Source]
Minnesotans will have a new weapon to protect
themselves against the fast-growing crime of identity theft, thanks to a bill
signed into law Tuesday by Gov. Tim Pawlenty. Beginning Aug. 1, Minnesotans can
stop credit bureaus from releasing their personal financial information without
their permission by requesting a “security freeze” be placed on their names. [Source]
Victims of identity theft would be given prompt notice
of the crime and the opportunity to minimize losses under legislation approved
recently by the Oklahoma House of Representatives. House Bill 2357, by state
Rep. Dale DePue, would require every state agency, board, commission “or other
unit or subdivision of state government” that handles citizens’ personal information
to disclose “any” security breach that involves the potential theft of citizens’
personal data. [Source]
State Representative Jackie Walorski announced this
week that the Indiana Legislature passed a new law that will protect Hoosiers
from the release of their personal information. [Source] [Source]
Gov. John Lynch signed a bill into law this week that
makes it easier for consumers to put a freeze on credit reports. Identity theft
victims can place the freeze at no charge. To place a freeze at no charge, consumers
must submit a copy of a police report, investigative report or complaint filed
with a law enforcement agency about the unlawful use of the consumer's personal
information by someone else. [Source]
The Halifax Regional School Board will ask teachers to
list their sexual orientation in a survey measuring diversity in its schools.
The survey, which will be distributed Thursday, contains the question, “Are you
heterosexual, bisexual, gay or lesbian?” The school board expects its teachers
to sign the survey once it’s completed. However, respondents have the option of
refusing to answer some questions. [Source]
Remember a few years ago when some IRS employees were
nabbed for snooping in people’s tax files? It’s also a problem at hospitals,
where employees can snoop in celebrity medical records. Now comes a
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