Privacy News Highlights

26 April–18 May 2007

 

Contents:

EU – EU to Store Visa Seekers’ Fingerprints, Pictures In Central Database. 3

US – DHS About-Faces on Biometric Exit Process. 3

US – US-Visit Announces 10-Finger Print Scanning For Entry Into US. 3

AS – Study: Fingerprint Scans are Preferred Method of Identity Authentication. 3

UK – Biometric Eye-Scanning Border-Control System Goes Live at Gatwick Airport 4

SK – Seoul to Include Fingerprints in New Biometric Passports. 4

CA – Committee Reviewing PIPEDA Makes Recommendations to Parliament 4

CA – Negligence Blamed for Increased Identity Theft: Federal Privacy Commissioner 4

CA – Big Business Writing Rules on Personal Data, Critics Say. 4

CA – Senators Balk at Possible Invasion of Privacy on Voters’ Lists. 5

CA – Canada to Launch No-Fly List in June. 5

CA – Tories Plan to Outlaw Identity Theft 5

CA – NB Task Force on Right to Information and Protection of Personal Information. 5

CA – Saskatchewan FOI, Privacy Act Should Cover Police, Commissioner Says. 5

WW – Major Anti-Spam Lawsuit Filed in Virginia. 5

US – HHS Joins International Partners to Promote Electronic Health Records Standards. 6

CA – IPC Fact Sheet #12 - Encrypting Personal Health Information on Mobile Devices. 6

EU – Phone Taps in Italy Spur Rush Toward Encryption. 6

WW – HP Laptops Get Full Disk Encryption. 6

EU – EU Sets Out Data Protection Plan for ‘Privacy Enhancing Technologies’ 6

EU – EDPS Data Watchdog Annual Report Warns of Biometric, PII Database Creep. 7

EU – EC Survey: Support High for Breach Notification Law.. 7

EU – US Asks Europe to Relax Privacy Rules for New Airline Deal 7

UK – UK Information Commissioner Demands New Powers. 8

EU – Irish Data Protection Complaints Double. 8

CA – Canadians’ Cellphone Use Almost On Par With Land Lines. 8

CA – Canada-U.S. Cross-Border Travel Tumbles. 8

US – FACT Act Revision Will Require Banks to Watch for Address Fraud. 8

US – Google Helps State Governments Open Up. 9

US – ACLU Slams Move to Censor Privacy Report 9

US – House Passes Genetic Non-Discrimination Bill 9

UK – Innocent Ethnic Minority People 3-Times More Likely to be on DNA Database. 9

US – New York Plan for DNA Data in Most Crimes. 9

CA – Report: Citizens’ Dialogue on Privacy and the Use of Personal Information. 10

US – New Hampshire State to Appeal Rx Privacy Decision. 10

US – TSA Acknowledges Potential Data Breach. 10

US – TJX Takes $12 Million Charge Related to Data Breach. 10

CA – McGill Student Records Made Public on The Web. 10

US – NIST Gives Thumbs Up to Revised PASS Card. 11

EU – Sweden: Everyone Has the Right to an ID Card. 11

UK – ID Card Costs Rise Above £5bn. 11

US – Federal ID Card Standards Draw Harsh Criticism.. 11

AU – Australia Plan to Track HIV-Positive Visitors. 12

CA – How to Protect your Privacy on Facebook by “Opting Out’ of Default Settings. 12

CA – Facebook Banned for Ontario Government Staffers. 12

US – MySpace Photo Costs Teacher Education Degree. 12

US – Won a Pulitzer for Exposing Data Mining, NYTimes Eager to do own Data Mining. 12

UK – ID Cards Scheme “Getting Out Of Control”. 12

US – 43 Groups Join Campaign to Stop REAL ID.. 13

US – Opposition to REAL ID Escalates in the U.S. 13

US - National Research Council Calls for Federal Privacy Czar 13

WW – Survey Uncovers Top Four Concerns of Privacy Managers. 14

US – NIST Issues RFID Security Guidelines. 14

US – Plan to ‘Chip’ Alzheimer’s Patients Causes Protest 14

WW – Privacy Advocate Wary of New RFID Label 15

US – New Law Serves as Warning to RFID Industry. 15

BM – Bermuda: All Vehicles on Island to Get RFID Chip. 15

UK – Wi-Fi Networks Still Insecure In London’s City. 15

WW – VeriSign to Offer Disposable Passwords. 15

WW – One in 10 Web Pages Contain Malicious Code That Could Infect a User’s PC.. 15

US – Survey: IT Professionals Worry Security Breach Could Send Them Packing. 16

US – Despite Frequency of Breaches, Companies Lack Data Breach Preparedness. 16

EU – Amsterdam Airport Starts Full-Body Scans. 16

NZ – New Zealand Microchip Cards for Seniors to Go Ahead, Some Safeguards Added. 16

CA – IPC Smart Card Applications: Design Tool & Privacy Impact Assessment 16

US – FISA Court Issued Record Number of Warrants in 2006. 16

US – NY Activists Call for Surveillance Camera Laws. 17

AU – GoFinder Brings Budget Vehicle Tracking. 17

US – DHS Secretary Discusses Data-Mining Efforts With European Parliament 17

EU – European Security Officials Back Plan to Profile Mosques in Fight Against Terror 18

US – Bush Wants Phone Firms Immune to Privacy Suits. 18

AU – Australian DNC Register Cracks 500,000. 18

US – GAO Report: DHS, Customs Break Privacy Laws in Data Collection. 18

US – Education Dept Restore Access to Database Info on Financial Aid Applicants. 18

US – House Committee Endorses SSN Limits, Antispyware Effort 19

US – Senate Committee Approves Data Protection Bill 19

US – Two Arizona Bills Keep Consumers’ Personal Data Private. 19

US – US Court Permits Search of Personal Computer in Workplace. 19

CA – Alta Privacy Commissioner: Employers Can Keep Some Employee Info Secret 19

 

 


 

EU – EU to Store Visa Seekers’ Fingerprints, Pictures In Central Database

Fifteen European states plan to launch a common database to store pictures and fingerprints of visa applicants in 2009 to help better control who they allow into the region, lawmakers and officials said this week. From June 2009, the database will be common to all states in the so-called “Schengen” area, a region of 13 EU countries plus Norway and Iceland with no internal border checks. “The database will store the personal and biometric data – digitalised photos and fingerprints – of about 20 million Schengen visa applicants every year,” said MEP Sarah Ludford. The data will be stored for five years and police will be able to consult the database on a case-by-case basis. EU Justice Commissioner Franco Frattini has said he hopes the plan would be backed by EU interior ministers in June. Ludford said the database would possibly be the world’s largest of biometric data. [Source]

 

US – DHS About-Faces on Biometric Exit Process

The Homeland Security Department has pushed biometric exit procedures out of the pilot testing phase even though officials recently said they are not ready to be implemented. Those exit procedures would allow foreign nationals to check out of the country using biometrics. The U.S. Visitor and Immigrant Status Indicator Technology program conducted the biometric exit pilot at 14 major airports across the country during the past three years. The move goes against statements by US-VISIT officials, who said a biometric exit process would not be viable for implementation because of DHS’ move to a 10-finger scanning process. This technology could cause major delays for people leaving the country because the scanning procedure may currently be too slow. [Source] [Source] [Source] Also: [Immigration Reform Proposals Include Plans for Biometric Technology] [Air Transport Association takes issue with DHS plan to get passengers’ biometric data] [Air carriers reject demands to collect passenger fingerprints] [Don’t Bank on Biometrics or You May Break the Bank] [New Technology Wasted at U.S.-Mexico Border] [DHS Explores Use Of Facial Recognition Technology In Terrorism Fight]

 

US – US-Visit Announces 10-Finger Print Scanning For Entry Into US

Bob Mocny, director of US Visit, announced last week that from March next year the government will begin trailing 10-finger print scanners at airports across the U.S..  The process will be completed by December 2008. Since the initial fingerprint screening experiment started in 2004, 1800 people have been caught trying to illegally gain entry into the US using false identities. The reason for adding the extra prints, Mocny said, is because the small portion of finger they currently scan is bringing up too many false-positives and several people each year are forced into a second screening process having been misidentified. Once a traveller has had ten prints scanned on the first occasion, they may not be required to have all ten scanned each time they enter the country. There are currently 80 million fingerprints in the system which are kept for 75 years. US citizens are not fingerprinted at international entry points. [Source] The UK is looking at bringing in fingerprint scanning at airports this year – see: [UK Government tests biometrics at border control points] See also: [U.S. Seeks Closing of Visa Loophole for Britons]

 

AS – Study: Fingerprint Scans are Preferred Method of Identity Authentication

A recent study conducted by Unisys revealed that respondents from Singapore and Malaysia favor fingerprint scans as the preferred method for verifying their identity with banks, government agencies and other organizations. Just over seven in 10 Malaysian respondents were “most willing to use a scan of their fingerprint to verify identity,” while 70% of respondents from Singapore opted for it as a “preferred security measure.” According to Unisys, the results indicate that respondents “particularly are interested in giving up more personal data to get security and convenience.” [Source] See also:

 

UK – Biometric Eye-Scanning Border-Control System Goes Live at Gatwick Airport

The Home Office's drive to strengthen Britain's border controls took another step forward this week with the opening of IRIS at Gatwick South. IRIS (Iris Recognition Immigration System) is a new step in exploiting biometric technology to strength Britain's border controls. IRIS enables registered passengers to enter the UK without queuing to see an immigration officer at passport control. Instead, individuals enrolled on the scheme are able to walk up to an automated barrier, look into a camera and if the system recognises them, enter the UK. Immigration Minister Liam Byrne said: "We are significantly toughening Britain's borders. Iris recognition barriers combine speed and maximum security to let positively vetted passengers travel faster." "Soon we will also see uniformed officers with new powers at airports across the UK." [Source]

 

SK – Seoul to Include Fingerprints in New Biometric Passports

The South Korean government has decided to include fingerprints in new electronic passports, a key requirement for entry into the U.S. visa waiver program, along with images of passport holders’ faces, a official said. South Korea plans to start issuing electronic passports in December on a trial run, with the official issuing of the new passports with personal biometric data to begin early next year. [Source] See also: [India to Move to Biometric Passport] [New US Passport]

 

CA – Committee Reviewing PIPEDA Makes Recommendations to Parliament

The House of Commons Standing Committee on Access to Information, Privacy and Ethics made recommendations in its fourth Report to Parliament, following a statutory five-year review of Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA). The Committee held hearings between November 20, 2006 and February 22, 2007. The report recommends that PIPEDA be amended to require companies to tell Canadians when their personal information is lost or stolen by identity thieves. Companies that suffer a security breach should be required to inform the federal privacy commissioner, who will then decide whether the loss is serious enough to inform affected individuals. However, the report stops short of calling for mandatory notification, which would require retailers, banks and other organizations to tell the privacy commissioner of every security breach. [Source] [Source] [Coverage]

 

CA – Negligence Blamed for Increased Identity Theft: Federal Privacy Commissioner

Canada’s privacy commissioner is warning that “the negligence of businesses and even government” is adding to the growing problem of identity theft that is threatening an increasing number of Canadians every year. Jennifer Stoddart told a parliamentary committee that the federal government must take strong leadership to combat the problem. “This is an underground, possibly organized crime industry, and it’s helped by the negligence of businesses, even governments, ourselves in handling our personal information.” So far, Ottawa has failed to take adequate steps to address the problems associated with identity theft, despite the fact thousands of Canadians fall victim every year. [Source]

 

CA – Big Business Writing Rules on Personal Data, Critics Say

The federal privacy commissioner is preparing to publish guidelines instructing banks and other businesses when to tell consumers about security breaches. But Canadians could remain in the dark when their personal information is lost or stolen because the new rules were written by the private sector, which has “an obvious interest in minimizing disclosure,” warn consumer and privacy experts who have read the draft regulations. Under the guidelines, businesses that fall victim to hackers or lose sensitive personal information would continue to decide if and when to tell the affected consumers – a system that’s a far cry from the mandatory breach notification that consumer advocates had been hoping for, said John Lawford, research analyst at the Public Interest Advocacy Centre. [Source]

 

CA – Senators Balk at Possible Invasion of Privacy on Voters’ Lists

A bill proposing to put the birth dates of all federal electors on copies of the permanent voter registry given to political parties could cause an explosion of identity theft and invasion of privacy, Liberal and Conservative senators have warned. In a rare departure from the wrangling that has recently enveloped the Senate, senators from both sides questioned Government House Leader Peter Van Loan over the proposal to release vital personal information so broadly. “With the passage of this bill, everybody’s date of birth is going to be known to everybody in Canada,” said Liberal Senator George Baker, noting Elections Canada gives the political parties electronic copies of the permanent voters list three times a year as it is updated with new data on citizens. [Source] See also: [New Zealand Restricting Access to Birth, Death and Marriage Records]

 

CA – Canada to Launch No-Fly List in June

A Canadian “no-fly” list of people to be barred from boarding domestic and international airline flights is set to take effect June 18, just as the busy summer flying season gets underway. The move, nearly six years after the 9/11 terrorist attacks, amounts to a flight blacklist of people “reasonably suspected” by federal officials as immediate threats to the safety of commercial aircraft, passengers or crew. Under the rules, as passengers check in for flights, whether at kiosks or counters, their names will be automatically screened against the government’s list, known as the “Passenger Protect” program. The no-fly list will be drawn up by Transport Canada, with input from the RCMP and CSIS. If a name is red-flagged as a possible match with a name on the no-fly list, the traveller will be directed to a flight agent, who will contact Transport Canada for a decision on whether to allow boarding. Airlines are responsible for protecting the passenger’s confidentiality. [Source] [Privacy Commissioner Wary Of No-Fly List]

 

CA – Tories Plan to Outlaw Identity Theft

The Conservative government is planning to outlaw identity theft, an exploding problem, although it carries no specific criminal sanctions in Canada. Justice Minister Rob Nicholson plans to take a blueprint to the federal cabinet, with plans to introduce legislation this spring or fall. The move to criminalize theft of another person’s personal information comes amid widespread calls for a crackdown, most recently from the House of Commons finance committee and Canada’s privacy commissioner. [Source] [Source] See also: [Day Seeks Security Powers; Ottawa wants to restore `preventive arrests’]

 

CA – NB Task Force on Right to Information and Protection of Personal Information

The independent Task Force on Right to Information and Protection of Personal Information is looking for the views and suggestions of New Brunswickers to improve access to public information while better protecting personal information. The task force’s discussion paper has two objectives: first, to identify and explore possible reform measures to both access to information and personal privacy legislation; and second, to promote participation in the review process. [Source] [Task Force Website] [Discussion paper]

 

CA – Saskatchewan FOI, Privacy Act Should Cover Police, Commissioner Says

With confidential Regina police reports at the centre of a political controversy, Saskatchewan’s information and privacy commissioner renewed his call for municipal police services to be covered under the province’s Freedom of Information and Protection of Privacy Act (FOIPP). Gary Dickson said this week that Saskatchewan and PEI are the only provinces where municipal police services and commissions are not covered by such legislation. [Source]

 

WW – Major Anti-Spam Lawsuit Filed in Virginia

A company representing Internet users in more than 100 countries has filed a lawsuit in Virginia seeking the identity of individuals responsible for harvesting millions of e-mail addresses on behalf of spammers. The lead attorney on the case said the group hopes to follow the trail from the people doing the harvesting of e-mail addresses to the actual spammers. “It is clear that the key to stopping spam is identifying those responsible for it, and getting that information into the hands of those capable of doing something about it,” he said. [Source] [E-mail harvesters hit with $1 billion antispam lawsuit]

 

US – HHS Joins International Partners to Promote Electronic Health Records Standards

U.S. Health and Human Services (HHS) Secretary Mike Leavitt announced the U.S. will participate in an international effort to encourage more rapid development and worldwide adoption of standard clinical terminology for EHRs. The US is one of nine charter members of the new International Health Terminology Standards Development Organization (IHT SDO). Other charter members are from Australia, Canada, Denmark, Lithuania, the Netherlands, New Zealand, Sweden, and the UK. [Source] See also: [N.Zealand Patient privacy seen as serious issue in bar code system]

 

CA – IPC Fact Sheet #12 - Encrypting Personal Health Information on Mobile Devices

The IPC has released a new fact sheet regarding the encryption of personal health information on mobile devices. They state that because of the high incidence of loss or theft of mobile devices such as laptop computers, personal digital assistants (PDAs), or flash drives, custodians need to ensure that personal health information that is stored on mobile devices is encrypted. When encryption is implemented properly, it renders PHI safe from disclosure. The availability of encryption means that it is easier to safeguard electronic records of PHI than it is to safeguard paper-based records when being transported. This fact sheet goes through the how and why issues around encryption on mobile devices. [Source]

 

EU – Phone Taps in Italy Spur Rush Toward Encryption

Drumming up business would seem to be an easy task for those who sell encrypted cellphones in Italy. All they have to do is browse the major newspapers for likely customers. “Initially, we thought we would market to the big businesses, to lawyers and the government,” said the commercial director of Caspertech, a four-year-old company that sells encrypted cellphone software. “But after the Juventus soccer scandal, we had so many clients that we had never thought to contact.” Three years ago, the company’s only clients were the government and the military; last year 60% of sales were to ordinary civilians. [Source]

 

WW – HP Laptops Get Full Disk Encryption

HP is shipping laptops that include full disk-encryption (FDE) software from SafeBoot to prevent data falling into the wrong hands when laptops are lost or stolen. The software installed on the devices inserts itself in the boot process, so users must authenticate themselves to the software before the operating system kicks in. If the device is lost or stolen, SafeBoot device encryption prevents anyone without the proper authentication - which can include two-factor authentication - from accessing the machine. The software on the laptops is intended for small and mid-size businesses that don’t necessarily have the resources to buy and manage enterprise-sized disk encryption. [Source]

 

EU – EU Sets Out Data Protection Plan for ‘Privacy Enhancing Technologies’

The European Commission has set out plans to examine the use of Privacy Enhancing Technologies (PETs) to counteract identity theft, discriminatory profiling and surveillance. The commission will promote the research and development of PETs, run large-scale pilots in industry and public sectors, and create an EU-wide privacy seal system. Commission VP Franco Frattini said the plan will encourage the use of systems which minimise the collection and use of personal data, “to ensure that breaches of the data protection rules and violations of individual’s rights are not only something forbidden and subject to sanctions under the existing legal provisions, but also technically more difficult”. The technology will benefit businesses as well as consumers, as increased trust will encourage confidence in online spending, said the EU’s Commissioner for Information Society and Media. [Source] [Source]

 

EU – EDPS Data Watchdog Annual Report Warns of Biometric, PII Database Creep

State databases, the way the European Data Protection Supervisor talks about them in its annual report quickly grow beyond their function and not always with benign consequences for the people they have numbered. The EDPS' 2006 Annual Report, published this month, noted how the data guardian's attention had been drawn to the increasing tendency of authorities to establish central databases and large scale IT systems. This could be problematic because the systems had a habit of snowballing, it said. "The EDPS has observed a trend in that once a database has been established, access to it is extended to more authorities, for other purposes than those for which it was set up. "The risk of illegitimate use is another important reason why these databases create particular risks for the people whose data are used." The report loosely describes how part of the reason people were at greater risk of becoming victims of the system was that authorities were rushing ahead with new technologies and thinking about the consequences for civil liberties later. So European plans for co-operation between its police forces and judiciaries were being rushed through ahead of laws that would ensure their association was done without offending citizens' rights to data protection. Generally speaking, said the report, the EDPS had only just started to get results in 2006, two years since its inception, and there was still much to do. It had to get the administration to adopt "data protection culture as a part of good governance", while striving to get data protection cover into EU legislation. The annual report indicates that the number of complaints filed nearly doubled in 2006, but only 20% of those were filed appropriately with the privacy chief of EU institutions. Of the 52 complaints filed in 2006, all but 10 should have been filed instead with national data protection authorities in the member states.  [Source] [Source] [EU watchdog criticizes governments for hasty use of biometric data] [annual report] [Privacy watchdog slams EU-wide sharing of police data] [Data Protection Developments In Europe]

 

EU – EC Survey: Support High for Breach Notification Law

The European Commission’s E-Communications Household Survey indicates that 84% of the UK respondents said they would want an organization to notify them in the event of a data breach. Seventy-five percent of this group wanted to be notified no matter what, and an additional 9% said they would want organizations to notify them if the breach carried a risk of financial harm. Just 10% of the respondents indicated that they would not want to receive notification at all. The study queried respondents from 27,000 households across Europe. The results indicate that UK respondents are more concerned about notification than other Europeans. [Source] [Source] See also: [Australia - Support grows for data breach notification law]

 

EU – US Asks Europe to Relax Privacy Rules for New Airline Deal

US Homeland Security Secretary Michael Chertoff has asked the European Parliament to relax restrictions on the sharing of personal data provided by airlines to US authorities. Surveillance state can’t monitor itself, says Chertoff. It would be impractical for the US to monitor how its border guards use the massive databases it is building on European citizens, US Homeland Security Security secretary Michael Chertoff told the European Parliament this week. Answering questions before an extraordinary meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, Chertoff defended the Automated Targeting System - a US database that creates profiles of people who cross America’s borders. MEPs questioned Chertoff on the US collection of Passenger Name Records, which was the precursor to the Automated Targeting System. Dutch MEP Sophie Int-Veld told Chertoff: “It’s never justified to give unlimited and uncontrolled powers to any government.” She is the rapporteur for the Parliament on the EU’s attempt to restrain the US collection of data about European citizens. [Source] [Source] [Source] [Source] [Frattini Hopeful on Airline Data Privacy Pact]

 

UK – UK Information Commissioner Demands New Powers

New safeguards are needed to protect people’s personal details in today’s “surveillance society”, the UK privacy watchdog said. Information Commissioner Richard Thomas wants all Government departments to carry out privacy impact assessments on proposed schemes. These would set out possible threats to privacy and how that threat could be minimised. Mr Thomas’ comments - included in his submission to a Home Affairs Select Committee inquiry - calls for penalties for data protection breaches to be stepped up. He recommends all public sector bodies follow a new code of practice on how they pool information. And Mr Thomas wants his powers to be increased to inspect and audit organisations suspected of breaching privacy laws without their consent. [Source] [Source] [evidence submitted by the Information Commissioner to the Parliamentary Inquiry into the Surveillance Society] [Surveillance Society Report] [Surveillance Society Follow-up Report] [Business Group Seeks Cautious Approach To Giving Privacy Chief New Powers] see also: [Information Commissioner audits HBOS]

 

EU – Irish Data Protection Complaints Double

The number of data protection cases investigated last year was more than double the figure for 2005, the Irish Data Protection Commissioner Bill Hawkes revealed this week. Launching the Office of the Data Protection Commissioner’s annul report for 2006, Mr Hawkes said one of the main focus’s for 2006 had been the “gradual erosion of the individual’s private space and the need to address this through an emphasis on the right of the individual to choose what personal information s/he discloses and to have some control over how it is used”. [Source]

 

CA – Canadians’ Cellphone Use Almost On Par With Land Lines

Cellphones have become so popular in Canada that they are about to eclipse the use of traditional wire lines for the first time as the wireless industry continues to grow in reach and profitability. There were 18 million wireless subscribers at the end of 2006 – about the same number of fixed access lines. That doesn’t include more than 740,000 subscribers who have transferred to cable telephony services. [Source]

 

CA – Canada-U.S. Cross-Border Travel Tumbles

Travel between Canada and the United States fell in both directions in February, possibly the result of new passport requirements for air travel into the U.S. that came into force Jan. 23. Figures remained 2.5% lower than the previous year’s monthly average even though, in the face of the new requirements, overnight plane travel from the U.S. to Canada rebounded from January?s three-year low, rising 2.7% to 312,000. Statistics Canada reports overnight car travel from the United States fell 6% to 629,000 trips in February, the lowest level in 22 years. [Source]

 

US – FACT Act Revision Will Require Banks to Watch for Address Fraud

The final revision of the Fair and Accurate Credit Transactions Act of 2003 is coming out in late summer. The new addendum to the act, which companies would have to comply with by mid-2008, will ensure that credit grantors will no longer be able to simply brush aside an address discrepancy on a credit application - which happens on about 20% of all credit-worthy credit card applications. [Source]

 

US – Google Helps State Governments Open Up

Google’s plan to team with four states to make government records available online is a cause for concern for some privacy watchdogs who question whether too much personal information will be easily available for nefarious purposes. Google’s CEO Eric Schmidt said the company is eager to connect “citizens with their government by offering the public better access to public sector information and services consistent with our broader vision.” Google is collaborating with Arizona, California, Utah and Virginia on the project. [Source] [Privacy Watchdogs Wary Of Google Plan To Make Public Records Available Online] [Google urges shareholders to permit censorship] [Google Shareholders Vote Against Anti-Censorship Proposal] [Google Halts `Hijacked’ Ads Used To Steal Personal Data] [Google, Yahoo Urged to Boost Privacy and Human Rights Policies] [Google Explores Plan To Scrutinize Gamers’ Behavior For Ad Targeting] [New York State Asks FTC To Delay Google-DoubleClick Merger]

 

US – ACLU Slams Move to Censor Privacy Report

The American Civil Liberties Union this week criticized what it said were White House efforts to censor a privacy report by the Privacy and Civil Liberties Oversight Board. “We clearly see what the administration is trying to hide when White House staff made 200 redactions and edits to the Privacy and Civil Liberties Oversight Board’s report,” the ACLU said. “The board is a toothless entity that blindly and obediently advances the Bush agenda by endorsing its most egregious civil liberties violations. For the administration to take it one step further by censoring the PCLOB’s report is shameless.” [Source] [Only Democrat on Privacy Board Quits]

 

US – House Passes Genetic Non-Discrimination Bill

The U.S. House of Representatives passed the Genetic Information Non-discrimination Act. The bill, known as GINA, would prohibit improper use of genetic information in hiring and health insurance decisions. GINA makes it illegal for group health plans and health insurers to deny coverage to a healthy individual or charge him or her higher premiums based solely on a genetic predisposition to a specific disease. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, job placement or promotion decisions. [Source] See also: [Advances In Genetic Research Raise Privacy Dilemma] [Eli Lilly Formalizes Genetic Anti-Discrimination Policy] [Opinion: Genetic Advances Rely On Privacy]

 

UK – Innocent Ethnic Minority People 3-Times More Likely to be on DNA Database

The Liberal Democrats released statistics showing that innocent people from ethnic minorities are three times more likely to have had their DNA samples put on the national database. The figures show the number of people who are arrested and have their DNA kept by the police, despite no further action being taken. The statistics are broken down by ethnicity and region. In some areas, innocent people from ethnic minorities are over eight times more likely to have had their DNA samples taken. [Source] [Watchdog to examine use of DNA database]

 

US – New York Plan for DNA Data in Most Crimes

Gov. Eliot Spitzer is proposing a major expansion of New York’s database of DNA samples to include people convicted of most crimes, while making it easier for prisoners to use DNA to try to establish their innocence. Currently, New York State collects DNA from those convicted of about half of all crimes, typically the most serious. The governor’s proposal would order DNA taken from those found guilty of any misdemeanor, including minor drug offenses, harassment or unauthorized use of a credit card, according to a draft of his bill. In expanding its database to include all felonies and misdemeanors, New York would be nearly alone, although a handful of states collect DNA from some defendants upon arrest, even before conviction. [Source] See also: [Police can use trickery to obtain DNA evidence] [Trick to get suspect’s DNA raises concerns] [WA court: Licking an envelope gives up privacy right to saliva]

 

CA – Report: Citizens’ Dialogue on Privacy and the Use of Personal Information

CPRN’s Public Involvement Network undertook a national citizens’ dialogue, in partnership with McMaster University. The dialogue probed citizens’ values and policy choices with respect to their preferences for personal privacy and the use of their personal information for health research. The project was sponsored by the Canadian Institutes of Health Research and Health Canada. Dialogue sessions engaged a randomly-selected sample of approximately 100 Canadians. Using a deliberative dialogue methodology, day-long sessions were held in 7 communities across the country from April to May 2005. [Source] [Report] [Workbook] See also: [A Tireless Advocate For Patient Privacy: Modern Healthcare profile of psychiatrist Deborah Peel] and [A Look At Australian Patient Privacy Protections] and [Legal Guidelines Being Drafted in Singapore to Protect Biomedical Research Participants] [Kaiser Permanente Survey: Rewards Of Electronic Medical Records Outweigh Risks] [Paper medical records more secure than electronic: survey]

 

US – New Hampshire State to Appeal Rx Privacy Decision

New Hampshire will appeal a recent federal trial court decision striking down as a violation of constitutional guarantees of free speech a 2006 state law that bars data-miners from using patients’ prescription drug information to directly market pharmaceuticals to physicians-an industry practice called detailing. “The state has a substantial interest in protecting the privacy of New Hampshire physicians, defending the sanctity of the doctor-patient relationship and reducing healthcare costs,” said Attorney General Kelly Ayotte in a written statement. “Healthcare costs in the state of New Hampshire are skyrocketing. The Prescription Information Law protects the state’s interests and the interests of New Hampshire’s physicians and citizens, which strongly outweigh the pharmaceutical industry’s interest in increased profits.” [Source] [Source] [US court overturns New Hampshire prescription drug law] See also: [Vermont - Following NH Ruling House Rewriting Drug Bill]

 

US – TSA Acknowledges Potential Data Breach

The US TSA acknowledged that an external hard drive containing data from approximately 100,000 archived employment records went missing from a controlled area at the agency’s Office of Human Capital. The TSA has enlisted both the FBI and the U.S. Secret Service for assistance, and has started to notify individuals who may have been affected, and is working on purchasing a year’s worth of credit monitoring services for any current or former employees whose data was involved in the breach. The employee records extend from January 2002 to August 2005 and contain potentially sensitive data including names, dates of birth, SSSNs, payroll information, and bank account data. [Source] [Airport Security Screeners File Lawsuit Against TSA]

 

US – TJX Takes $12 Million Charge Related to Data Breach

JX Cos., operator of discount clothing chains T.J. Maxx and Marshalls, said Tuesday its first-quarter profit dipped 1% as costs related to a widely publicized breach of customer data offset revenue growth. The company took a $12 million charge related to the data breach. [Source] [Source] [Behind The Scenes at The TJX Data Breach Case]

 

CA – McGill Student Records Made Public on The Web

Montreal’s McGill University is reviewing its computer system after the private academic records of hundreds of students were made accessible on the school’s website. McGill graduate Kent Glowinski discovered the files from 2004 while using the website’s search engine. He said entering a student’s name brought up information about their transcripts, including their marks. Normally, transcripts are private and are mailed to students who request them. [Source]

 

US – NIST Gives Thumbs Up to Revised PASS Card

A revised technology design for the Homeland Security and State departments’ upcoming border-crossing identification card now meets international security standards, according to the National Institute of Standards and Technology. NIST Director William Jeffrey said the agency reviewed, and recommended changes to, the proposed card architecture for the People Access Security Services (PASS) card, which will be used by Americans, Canadians and Mexicans who frequently cross back and forth across the U.S. borders. In recent months, DHS and State officials have indicated they intend to seek proposals for a Pass card with a long-distance RFID tag capable of being read at distances of up to 20 feet. [Source]

 

EU – Sweden: Everyone Has the Right to an ID Card

The Swedish government has decided to look into the question of ID cards for people who are not Swedish citizens but have the right to live in Sweden. The objective is to guarantee these individuals the opportunity to have an ID card. In some cases it is difficult for people who are not Swedish citizens to get an identity card. The Swedish Cashier Service tightened its rules as of 1 January 2007. The new requirements mean that an applicant who does not have satisfactory identification must be accompanied by a person who has approved Swedish identity documentation, and is also a close relative. People who have recently immigrated to Sweden often have neither Swedish identification papers nor close relatives of the kind required by the new rules. They are therefore often denied an ID card, which is a prerequisite for being able to function normally in society, for example, when in contact with health care services, the chemist, bank or post office. [Source]

 

UK – ID Card Costs Rise Above £5bn

The official cost of the controversial ID card scheme has risen to £5.31bn. The figures were released as Tony Blair announced his departure, leading to claims from the opposition that the government was “burying bad news”. The Tories and Lib Dems also claimed that the Home Office broke the law by releasing the updated figures a month later than they should have. The Home Office put the £400m increased costs down to extra staff carrying out vetting and extra anti-fraud measures. [Source]

 

US – Federal ID Card Standards Draw Harsh Criticism

Standards proposed by the Homeland Security Department for secure drivers licenses and identification cards issued by all 50 states are drawing fire from state officials. The regulations, mandated by the 2005 Real ID Act, could end up posing a threat to personal and national security, said the American Association of Motor Vehicle Administrators and the California Department of Motor Vehicles in comments on the proposed rules. They said that under the new system, counterfeiters would only need to concentrate on one license standard, rather than 50. The Real ID Act also requires that states provide other states with access to their databases, which the California DMV said could result in an interconnected virtual database of the 242 million driver’s licenses in the country that would be a prime target for hackers and criminals. [Source] [Real ID Act 2D Barcode Security Isn’t Good Enough: Smart Card Industry] See also: [CDT: DHS Should Revise REAL ID Regulations] [NYT: Agency Affirms Mandates for Driver’s Licenses] [NASCIO: Feds must increase cybersecurity, Real ID funds] [NASA scientists: ID plan threatens privacy] [IBIA Submits comments on Real ID] [Microsoft Touts Trust-Based ID][CIO Council: ABC: An Introduction to Identity Management]

 

AU – Australia Plan to Track HIV-Positive Visitors

HIV-positive visitors to Australia could have their movements monitored or be prevented from coming altogether, under policy options being considered by the Australian Government. Prime Minister John Howard has written to his immigration and health ministers asking them for advice on whether HIV/AIDS poses a public health risk and on the public health implications of letting HIV-positive people into the country. When Mr Howard said last month that he would consider stopping HIV-positive people coming to the country unless there were humanitarian reasons to let them in, his comments were dismissed by some as populist. But this latest move suggests there is a possibility those infected could find it harder to come to Australia, or, if they can come, to move about the country without having to report their movements. [Source]

 

CA – How to Protect your Privacy on Facebook by “Opting Out’ of Default Settings

A new resource from the Ontario Information and Privacy Commissioner is a tip sheet on how to set your privacy settings on Facebook to the optimal level of protection. [Source] See also: [Kids think posting online is private, say educators]

 

CA – Facebook Banned for Ontario Government Staffers

The province of Ontario has quietly banned bureaucrats, political staffers and most MPPs from accessing the popular Facebook website from government computers. To the surprise of thousands of Ontario government employees as well as Liberal aides, MPPs, and cabinet ministers, the 21 million-member social networking tool is now off limits. When workers tried to log on to their accounts, they were greeted with the same “access denied” message that pops up on their screens should someone attempt to download pornography on an Ontario government computer. “The Internet website that you have requested has been deemed unacceptable for use for government business purposes,” the warning reads. Facebook joins YouTube, online poker gambling websites and hardcore sex sites as verboten in any provincial government office across Ontario. [Source] [Facebook ban a knee-jerk reaction, say experts] [Michael Geist Commentary] [Source]See also: [Politicians ponder joining Facebook website] and [MPs jockey for Facebook buddies] [US Defense Department blocks MySpace, YouTube] [MySpace Refuses To Turn Over Sex Offender Data, citing privacy laws]

 

US – MySpace Photo Costs Teacher Education Degree

Teacher in training Stacy Snyder was denied her education degree on the eve of graduation when Millersville University apparently found pictures on her MySpace page “promoting underage drinking.” As a result, the 27-year-old mother of two had her teaching certificate withheld and was granted an English degree instead. In response, Snyder has filed a Federal lawsuit against the Pennsylvania university asking for her education diploma and certificate along with $75,000 in damages. [Source] [Web can ruin reputation with stroke of a key]

 

US – Won a Pulitzer for Exposing Data Mining, NYTimes Eager to do own Data Mining

Barely a year after their reporters won a Pulitzer prize for exposing data mining of ordinary citizens by a government spy agency, New York Times officials had some exciting news for stockholders last week: The company plans to do its own data mining of ordinary citizens, in the name of online profits. [Source]

 

UK – ID Cards Scheme “Getting Out Of Control”

The UK’s identity cards scheme appears “out of control”, according to a group of researchers at the London School of Economics (LSE), who are calling for an independent review of the project’s figures. Last week a government report revealed the ID cards scheme will cost more than £5.5bn to set up and run over the next 10 years. But the LSE’s Identity Project group - long-term critics of the ID cards scheme - has warned the government’s report reveals “not a project that is progressing well but rather one that appears to be getting out of control, despite the best efforts of the Identity and Passport Service to minimise the risks and costs of the scheme”. For example the dropping of iris biometrics and reuse of existing government databases should have had a noticeable effect on the costs of the scheme but this is not the case, the LSE report claims. The report said: “Either the radical redesign of the scheme has had no other effect on the costs of the scheme, or the previous estimates of costs were much higher than parliament had previously been told.” [Source] [Britain Weaves Biometric Cloak For Tighter Border Controls] [Kill ID Cards Before They Kill Your Government, Mr Brown]

 

US – 43 Groups Join Campaign to Stop REAL ID

As of may 1, 43 organizations began a campaign against the illegal national identification system created by the Department of Homeland Security under the REAL ID program. The national campaign solicits public comments to stop a national ID scheme without adequate privacy and security safeguards; which will make it more difficult for people to get driver’s licenses; and which will make it too easy for identity thieves, stalkers, and corrupt government officials to get access to the personal data of 245 million individuals. The draft regulations to implement the REAL ID Act are open for comment until 5 p.m. EST on May 8, 2007. [Source] [Coalition Press Release] [Source]

 

US – Opposition to REAL ID Escalates in the U.S.

The most recent group to join the mounting opposition against the Real ID bill in the U.S. is the Department of Homeland Security (DHS). In comments submitted to the DHS earlier this week, the department’s own Data Privacy & Integrity Advisory Committee called the Real ID Act “one of the largest identity management undertakings in history” and said it raises serious privacy, security and logistical concerns. “These include, but are not limited to, the implementation costs, the privacy consequences, the security of stored identity documents and personal information,” the committee noted. It also cited other concerns such as mission creep, redress and fairness issues. [Source] [Leahy Speaks Out Against Id Standards] [National ID Card a Disaster in the Making] [Mass State says Real ID plan will cost $150m, predicts agencies will be swamped] [Oregon Senate sends messages on Real ID] [Montana, Washington’s revolt over Real ID Act sending echoes in Congress] [Texas among states opposed to standardized ID cards] [Real ID Revolt] [Congress rethinks the Real ID Act] [Privacy Concerns, Cost, Jeopardize Plans For US Identity Card] [Slow down national ID standards, state officials say] etc., etc.

 

US - National Research Council Calls for Federal Privacy Czar

The National Research Council has just issued a massive report (“Engaging Privacy and Information Technology in a Digital Age”) on privacy in the US. The 456-page document (executive summary) makes a number of recommendations, some of which are uncontroversial (people should have some form of recourse when the government violates its own privacy standards), others are sure to stir up more debate, such as the recommendation to establish a national privacy commissioner. In recommending the creation of a high-level federal official, the report argues that "it is unrealistic to expect that privacy bargains will become settled 'once and for all' or that expectations will be static." Given the pace of technological change and the effect that this has on privacy, the NRC believes that the issue needs an advocate high in government circles who can react quickly to changing conditions and can keep the issue of privacy before policymakers. The group also suggests that the federal government "undertake a broad systematic review of national privacy laws and regulations" with the goal of coming up with a uniform national standard instead of the current "patchwork" of laws, regulations, and judicial rulings. Though the authors of the report often speak in generalities, they do make one specific suggestion regarding privacy: information collection must require meaningful consent. In too many cases, privacy practices are "disclosed" in lengthy EULAs or legal documents that are buried on web sites, and the least-private options are generally the ones preselected for users. The NRC recommends that "the principle of choice and consent should be implemented so that individual choices and consent are genuinely informed and so that its implementation accounts fairly for demonstrated human tendencies to accept without change choices made by default." The report also contains a reference to the government practice of hiring third-party private firms to deal with data in ways that the government itself would not be allowed to do. The NRC pays special attention to closing this privacy loophole, saying that oversight is needed "regarding the government use of private-sector organizations to obtain personal information about individuals." [Source] [Source] [Report] See also: [Former 9/11 Panel Questions Record of Privacy Board]

 

WW – Survey Uncovers Top Four Concerns of Privacy Managers

A survey conducted at an Open Compliance and Ethics Group event revealed that the top four concerns of privacy managers are assessing privacy program performance, assessing policy design, mapping of privacy requirements to privacy policies and communicating procedures. The survey also showed that more than two-thirds of privacy managers “are seeing moderate to material increases in external scrutiny -- with almost half reporting material increases.” [Source]

 

US – NIST Issues RFID Security Guidelines

The National Institute of Standards and Technology has issued guidelines and a set of best practices for the use of radio frequency technology by federal agencies, as well as private corporations. The 154-page report is titled Guidelines for Securing Radio Frequency Identification Systems. NIST said entities deploying RFID technologies need to consider any security or privacy risks that could arise and should minimize those risks by following a list of best practices developed for RFID users. The guidelines focus specifically on the use of RFID technologies for asset management, tracking, matching and process and supply chain control. While RFID offers the potential for organizations to improve their logistics, reduce expenses and increase safety, it also entails the risk of eavesdropping and unauthorized use, according to NIST. NIST prepared the report to meet requirements of the Federal Information and Security Management Act of 2002 that call on NIST to assist federal agencies in adequately securing their IT systems. While intended primarily for a federal audience, the report's recommendations apply equally to the private sector, NIST said. NIST's list of best practices include installing firewalls between RFID databases and an organization's other IT systems, encryption of RFID signals, authentication systems to identify approved users, shielding of RFID tags to prevent eavesdropping, audit procedures such as logging and time stamping to detect breaches and disabling or destroying used tags to protect sensitive data. The paper lists four major risks companies face: business process risk; business intelligence risk, privacy risk and externality risk. [Source] [Source] [Source] [Guidelines] [Report on smart tags includes security, privacy warnings]

 

US – Plan to ‘Chip’ Alzheimer’s Patients Causes Protest

The battle lines are being drawn in a quiet corner of West Palm Beach, Florida. On 12 May, some 30 protesters held an inter-faith prayer vigil outside Alzheimer’s Community Care, a day-care facility for people with dementia. At issue is the facility’s plan to implant 200 patients with microchips manufactured and donated by VeriChip. When scanned, the chip reveals a unique ID number, which when entered into a password-protected database gives access to medical information about its owner. If the plan goes ahead, it will be the first time the technology has been tried on a group of people with a specific mental impairment. Privacy advocates say that the proposed use of the tags is unacceptable. “This is a community that is not in a position to give fully informed consent or to say no,” says Katherine Albrecht of CASPIAN, a Florida-based consumer rights organisation. “The nature of the disease is that they can’t fully understand.” [Source]

 

WW – Privacy Advocate Wary of New RFID Label

Checkpoint Systems Inc. is unveiling a dual-purpose RFID label that can be used simultaneously for inventory control and as a mechanism to catch shoplifters. Katherine Albrecht, a consumer rights privacy advocate, said she fears the new label will be used to secretly provide marketers with information about consumers. [Source]

 

US – New Law Serves as Warning to RFID Industry

The US Senate last week passed FDA legislation that included a provision that mandates internet-based pharmacies to include visual anti-counterfeiting technology on all pharmaceuticals sold to US customers. The provision explicitly excludes technology like RFID or barcodes that require a supporting infrastructure of readers, antennas, etc. [Source] [Source] See also: [Arizona First State To Prohibit Mandatory Animal Identification]

 

BM – Bermuda: All Vehicles on Island to Get RFID Chip

Cars in Bermuda are getting chipped. RFID chipped that is. Bermuda’s Transport Control Department, a division of the tiny string of island’s Ministry of Tourism, announced May 7 that it plans to automate vehicle registration, compliance and enforcement with an island-wide deployment of EVR (electronic vehicle registration). The EVR system is made up of RFID tags, antennas, readers and a database system. Over the next five years, the program is expected to generate over $11 million in lost fees from unlicensed and uninsured vehicles, according to a press release. At the same time TCD expects to reduce the number of non-compliant vehicles on the island’s roadways to less than 1%, officials said. The program kicks off this month. [Source] See also: [Most New Cars Equipped With Event Data Recorders] and [Israel: New Drivers & Bad Drivers To be GPS Monitored]

 

UK – Wi-Fi Networks Still Insecure In London’s City

After years of stark warnings, many Wi-Fi networks located in London’s City financial district still lack basic levels of security, a security vendor claims to have found. According to security testing company NTA Monitor, which recently assessed security using passive monitoring, internal resources such as printer queues could be found quite easily, while other networks used only weak WEP security to keep network traffic from prying eyes. Astonishingly, others used no encryption at all. “For a malicious user wishing to connect to a corporate network, the City seems to be an ideal location,” he said. [Source]

 

WW – VeriSign to Offer Disposable Passwords

A leading provider of digital-security services wants to make disposable passwords easier for consumers to accept by squeezing the technology into the corner of a regular credit or ATM card. VeriSign said the one-time passwords haven’t taken off in the U.S. partly because consumers need to carry a small device that generates passwords on the fly. That barrier is removed, he said, by having the technology built into cards consumers already carry. With the card, consumers logging on to an online bank account, for instance, would type in their regular username and password, along with a six-digit code that appears on the card’s display window. That code constantly changes, meaning the customer needs to have possession of the card to access the account. Security companies like VeriSign and EMC Corp.’s RSA Security Inc. have been promoting one-time passwords and other “two-factor” authentication systems to combat “phishing” and other scams aimed at tricking users into revealing sensitive data like passwords. [Source]

 

WW – One in 10 Web Pages Contain Malicious Code That Could Infect a User’s PC

Researchers from the firm surveyed billions of sites, subjecting 4.5 million pages to “in-depth analysis”. About 450,000 were capable of launching so-called “drive-by downloads”, sites that install malicious code, such as spyware, without a user’s knowledge. A further 700,000 pages were thought to contain code that could compromise a user’s computer, the team report. To address the problem, the researchers say the company has “started an effort to identify all web pages on the internet that could be malicious”. [Source]

 

US – Survey: IT Professionals Worry Security Breach Could Send Them Packing

Nearly 75% of Fortune 100,000 IT professionals are concerned that a security breach could lead to their dismissal. KACE, a provider of systems management and deployment appliances, released the results of a study done by King Research that indicates that most of the organizations surveyed are not confident with their current security measures. [Source]

 

US – Despite Frequency of Breaches, Companies Lack Data Breach Preparedness

Scott & Scott, a law and technology services firm, joined with The Ponemon Institute to conduct a survey on the business impact of security breaches. In this Q&A, Robert Scott, Managing Partner, discusses the findings. Scott said that despite the prevalence of security breaches, many organizations remain unprepared for an information security crisis. The survey of 702 respondents also found that businesses “believed that data subjects typically suffered little or no actual monetary harm as a result.” [Source] [Data breach plagues U.S. companies]

 

EU – Amsterdam Airport Starts Full-Body Scans

Amsterdam’s Schiphol airport has become the first in the world to deploy a new “see-through” security system that allows screeners to view the shape of the traveler’s body beneath their clothes. The system is designed to detect weapons and explosives hidden under clothing. Numerous airports have tested the system, but this is the first permanent installation of the security devices. Schiphol officials are making the body scanners optional, allowing passengers to submit to the 3-second scans in lieu of waiting in long security lines or being frisked by security personnel. [Source]

 

NZ – New Zealand Microchip Cards for Seniors to Go Ahead, Some Safeguards Added

A bid to halt the microchipping of discount cards for senior citizens has failed, but stronger safeguards will be included to ensure privacy and security of card-holders is guarded. Yesterday, Parliament voted down an attempt by Act MP Heather Roy to have the microchipping clause removed from the bill which introduces senior citizen discount cards, the Super Gold Cards. However, an amendment by Independent MP Taito Philip Field will allow microchipping to go ahead only after consultation with the Privacy Commissioner, the State Services Commission and any other relevant bodies. [Source] [New Zealand MPs worried over microchipping on cards for seniors]

 

CA – IPC Smart Card Applications: Design Tool & Privacy Impact Assessment

With input and production assistance from the IPC, the Advanced Card Technology Association of Canada (ACT Canada) has developed this document to help companies and organizations understand and implement, in a practical way, the principles of privacy protection in regards to contactless smart cards. [Document Source]

 

US – FISA Court Issued Record Number of Warrants in 2006

A secret court approved all but one of the government's requests last year to search or eavesdrop on suspected terrorists and spies, according to Justice Department data released this month. In all, the Foreign Intelligence Surveillance Court signed off on 2,176 warrants targeting people in the United States believed to be spies or have links to international terror organizations. The record number is more than twice as many as were issued in 2000, the last full year before the terrorist attacks of Sept. 11, 2001. One application was denied in part, and 73 required changes before being approved. The disclosure was mandated as part of the renewal of the Patriot Act, the sweeping anti-terrorism law. It was released as a Senate intelligence panel examined changes to the 1978 Foreign Intelligence Surveillance Act that could facilitate monitoring of homegrown terrorists. But in its three-page public report, the Justice Department said it could not yet provide data on how many times the FBI secretly sought telephone, Internet and banking records about U.S. citizens and residents without court approval. The department is still compiling those numbers amid an internal investigation of the FBI's use of so-called national security letters. The letters are administrative subpoenas that do not require a judge's approval. [Source] [Intelligence Chief Decries Constraints, Update of Surveillance Law Urged] [NYT: Bush Administration Pulls Back on Surveillance Agreement] [Senators leery about revising rules for domestic spying] [FISA immunity for telecom firms slammed] [Bush Wants Phone Firms Immune to Privacy Suits] [ISPs Face Wiretap Deadline] [House reaffirms FISA as “exclusive means by which electronic surveillance may be conducted”]

 

US – NY Activists Call for Surveillance Camera Laws

New York rights activists called on the city council to regulate surveillance cameras to prevent intrusion into people's privacy and prevent an abuse of footage. Norman Siegel, a lawyer and former director of the New York Civil Liberties Union, told a debate arranged by a group of lawyers that laws were needed to limit how long video footage could be held and to restrict distribution and access.  Siegel, who estimated there were at least 10,000 cameras around New York City, said surveillance cameras should also be registered with a government agency and people on the street should be informed that they being filmed.  "There are 4 million video surveillance cameras in Britain, 500,000 in London alone - do we want that in New York City?" Siegel told the debate, "Caught on camera: security concerns vs privacy rights." He suggested that it be made a criminal offence to abuse surveillance camera footage. Surveillance has come under the spotlight in New York with the police department due to appeal a court ruling on Thursday that banned unrestricted photo surveillance of protesters except in cases where criminal investigation is warranted. [Source] See also: [Victoria BC Police Want Tiny Portable Surveillance Cams] [TransLink tests digital cameras in Vancouver city buses] [Downtown Halifax Video Surveillance to Expand] [Montréal Surveillance Cams: Atop a slippery slope] [Surveillance cameras roll on St. Laurent Blvd] [More surveillance cams for Toronto] [Toronto Police To Unveil More Than A Dozen Closed-Circuit Cameras] [Toronto Police Deploy CCTV Cameras Early] [More Surveillance Cameras on Milwaukee's South Side] [Police cameras simply don’t work - Always under surveillance] [UK - Classically Orwellian: CCTV's hugely popular - We must keep a close eye on surveillance]

 

AU – GoFinder Brings Budget Vehicle Tracking

The Trimble TrimTracPro will go on sale in Australia at $495, and distributor GoFinder says this makes it the first device of its kind that’s affordable for mass-market uses such as monitoring teenagers’ use of family cars or watching for the improper use of fleet vehicles. Applications include detecting a vehicle travelling outside a set area, speeding, being operated outside agreed hours, and not being operated during working hours. “The controversial ‘spy in the cab’ argument may be unpopular with some drivers and their unions but it is only a concern with people who do the wrong thing,” said the GoFinder CEO. [Source]

 

US – DHS Secretary Discusses Data-Mining Efforts With European Parliament

U.S. Homeland Security Secretary Michael Chertoff took questions this week from members of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs on a database that compiles profiles of people who cross U.S. borders. Chertoff cited examples of how the database thwarted efforts of terrorists to enter the U.S. But he added that it was difficult to gauge every example of when border guards – using the database as one tool in their decision-making -- detained people or barred them from entry. [Source]

 

EU – European Security Officials Back Plan to Profile Mosques in Fight Against Terror

Security officials from Europe’s largest countries this week threw their weight behind the EU Commission’s plans to map out mosques on the continent to identify imams who preach radical Islam that raises the threat of homegrown terrorism. The project, to be finished by the fall, will focus on the roles of imams, their training, their ability to speak in the local language and their source of funding, EU Justice and Home Affairs Commissioner Franco Frattini told a news conference. Italian Interior Minister Guiliano Amato said Europe had ample experience with the “misuse of mosques, which instead of being places of worship are used for other ends. [Source]

 

US – Bush Wants Phone Firms Immune to Privacy Suits

The Bush administration is urging Congress to pass a law that would halt dozens of lawsuits charging phone companies with invading ordinary citizens’ privacy through a post-Sept. 11 warrantless surveillance program. The measure is part of a legislative package drafted by the Justice Department to relax provisions in the 1978 Foreign Intelligence Surveillance Act (FISA) that restrict the administration’s ability to intercept electronic communications in the United States. If passed, the proposed changes would forestall efforts to compel disclosure of the program’s details through Congress or the court system. [Source] [NYT: Spying on Americans] [PBS: Spying on the Home Front] [Big Victory: House Affirms Limits on Warrantless Spying]

 

AU – Australian DNC Register Cracks 500,000

Australians have delivered a stunning rebuke to telemarketers after more than half a million people signed up to the national Do Not Call Register in just seven days. While the $33 million register does not come into effect until May 31, Australians have submitted a deluge of pre-registrations in order to block telemarketers from calling them at home from next month. [Source]

 

US – GAO Report: DHS, Customs Break Privacy Laws in Data Collection

The Government Accountability Office (GAO) HAS releaseD a report that details how the Department of Homeland Security (DHS) Department’s Customs and Border Protection agency is breaking privacy laws by failing to “fully inform the public about all of its systems for prescreening aviation passenger information,” according to this Washington Post article. The GAO report also says “passengers are not assured that their privacy is protected during the international screening process,” according to the story. In a letter to the GAO, a DHS official disputes the findings, saying the GAO’s conclusions are “incorrect and without merit.” [Source]

 

US – Education Dept Restore Access to Database Info on Financial Aid Applicants

The Department of Education has outlined a new security protocol for the National Student Loan Data System. The new procedures were outlined in a letter sent to 35 guarantors, according to this story in The New York Times. Before gaining access, the guarantors will have to identify the names of employees who will access the database along with a certification from the company that it will follow access rules. Access has not yet been restored for lenders and loan service companies. The database contains personal information on millions of financial aid applicants. [NYT Source] [Lawmaker Asks FTC To Investigate Marketing Practices Of Student Loan Companies]

 

US – House Committee Endorses SSN Limits, Antispyware Effort

The U.S. House Energy and Commerce Committee has unanimously approved a pair of bills that would impose a slew of new regulations in the name of spyware crackdowns and new limits on the use of SSNs. The Spy Act is the second antispyware bill that House committees have passed in recent weeks. [Source] [Securely Protect Yourself Against Cyber Trespass Act (the SPY ACT Act), H.R. 964 a Mixed Bag] [Internet Spyware Prevention Act, or I-Spy Approved] [U.S. Spyware Clampdown Won’t Impress European Governments]

 

US – Senate Committee Approves Data Protection Bill

The U.S. moved closer to passing a legislation that would set limits on personal data use by government and private firms after a key Senate committee approved an amended version of the bill. The U.S. Senate Judiciary Committee gave the nod to an amended version of the Personal Data Privacy and Security Act. The proposed legislation seeks to put a rein of how government and private companies can use personal data taken from their customers. Several recent controversial incidents involving the compromise of personal information--including incidents in universities, corporations and federal agencies--have led to continuing public outcry in the U.S. over poor protection of sensitive personal data. Although separate state laws for data protection have already been filed, a nationwide legislation would override existing state laws. The proposed data protection act would require entities to put in security and privacy protection measures, notification requirements, and impose stiff fines on violators. [Source]

 

US – Two Arizona Bills Keep Consumers’ Personal Data Private

That information encoded on Arizona driver’s license would get a little more privacy protection under terms of legislation given final House approval this week. Without dissent, lawmakers voted to bar retailers from selling or otherwise sharing information that they collect from a customer’s driver’s license or other state-issued ID. Violators could end up paying fines of $500 for a first offense – and $5,000 the third time. The measure, HB 2291, now awaits the governor’s signature. That legislation actually was one of two bills the House sent to the governor designed to shield personal data. The second bill, HB 2726, would bar utility companies from selling individual customer information to anyone. It also would make it illegal for anyone to use fraudulent means to try to obtain utility records. [Source] [Source] See also: [Massachusetts House OK’s identity theft protection bill] [Tennessee Senate Approves Identity Theft Protection Bill]

 

US – US Court Permits Search of Personal Computer in Workplace

While the 4th Amendment of the U.S. Constitution provides broad protections when it comes to state-sponsored searches and seizures, there certainly are exceptions to this general rule. Indeed, a federal court has just held that an employee did not have a reasonable expectation of privacy in his personal computer he brought to work. Thus, the government was deemed to have properly searched his computer without a warrant, and he was not allowed to exclude the evidence seized from that computer. [Source] [Legal Brief: Privacy Expectations in Personal Computer at Work] [No expectation of privacy in personal computer at work]

 

CA – Alta Privacy Commissioner: Employers Can Keep Some Employee Info Secret

Companies know to keep trap shut on bad employees. Most employers fear lawsuits, despite recent favourable ruling. A section of Alberta's Personal Information and Protection Act does allow an employer to collect personal information about a potential employee without consent. It also allows a former employer to disclose personal employee information to a prospective employer. They can keep that information confidential. [Source]

 

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