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On January 28, 2009, the United States, Canada, and 27 European countries celebrated Data Privacy Day together for the second time. Designed to raise awareness and generate discussion about data privacy practices and rights, Data Privacy Day activities in the United States have included privacy professionals, corporations, government officials, and representatives, academics, and students across the country. One of the primary goals of Data Privacy Day is to promote privacy awareness and education among teens across the United States. Data Privacy Day also serves the important purpose of furthering international collaboration and cooperation around privacy issues.

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Tomorrow is Data Protection and Privacy Day. Events around the world will mark the occasion. In Brussels, the European Parliament, European Commission and EDPS will host a variety of workshops and the winners of the "Think Privacy," competition will be unveiled. In Canada, events will be held in Newfoundland and Labrador, Ontario, Alberta and elsewhere, with regulators and companies hosting various forums. For a comprehensive list of global events, visit the Data Privacy Day Web site. After hours, privacy pros will gather in cities across the world for IAPP Privacy After Hours events. Click here to find an event near you.

Data Protection & Privacy Day Tomorrow

"Kathy Silver, CEO of University Medical Center, learned three weeks ago that names, birth dates and Social Security numbers for at least 21 patients were leaked from the hospital - a crime being investigated by the FBI. But the hospital still has not disclosed the breach to the patients, Silver told a committee of legislators Wednesday. She spoke as if this was not a problem. The law allows 60 days from the time UMC learns of a security breach to inform patients, she said. One victim says that is too long to wait to tell patients they may be at risk of identity theft. The hospital should have disclosed the breach immediately, said a 40-year-old UMC patient whose personal information - the kind that can be used for identity theft - was leaked. The man, who went to the public hospital Nov. 1 after a motorcycle accident, learned his privacy had been breached only when a Las Vegas Sun reporter told him Wednesday afternoon. The man was stunned and angry to learn from someone other than hospital officials that his data had been leaked. Hospital officials should have notified him "way sooner," he said. "I would've given them two or three days after they initially found out. But this is a major thing - a priority thing!""

"For five days as her husband lay in his hospital bed suffering from kidney cancer, Regina Holliday begged doctors and nurses for his medical records, and for five days she never received them. On the sixth day, her husband needed to be transferred to another hospital -- without his complete medical records. "When Fred arrived at the second hospital, they couldn't give him any pain medication because they didn't know what drugs he already had in his system, and they didn't want to overdose him," says Holliday, who lives in Washington. "For six hours he was in pain, panicking, while I ran back to the first hospital and got the rest of the records." Despite a federal law requiring hospitals and doctors to release medical records to patients who ask for them, patients are reporting they have a hard time accessing them leading to complications like the ones the Holliday family experienced. 'What part of "Give us our damn data" do you not understand?'"

Privacy law matters in ways not readily apparant until they hit home.

The software vendor's commissioned research will be revealed during a panel discussion with leaders from the California Office of Privacy Protection, Intel, and MySpace. Wednesday, Jan. 28, 2009, is Data Privacy Day, and to mark the occasion, Microsoft is participating in a panel discussion in San Francisco with privacy experts from the California Office of Privacy Protection, the Center for Democracy and Technology, Intel (NSDQ: INTC), and MySpace. Better this week than last, when Heartland Payment Systems and Monster.com disclosed major malware-driven data breaches that promise privacy headaches or worse for affected account holders. It is such incidents that worry Peter Cullen, Microsoft (NSDQ: MSFT)'s chief privacy strategist, because of the impact they can have on consumer trust. "Trust is becoming increasingly important," he said. That's why Data Privacy Day exists. Microsoft and other organizations recognize that without trust, the online economy only gets worse for everyone. Cullen explained that Data Privacy Day represents a global opportunity for organizations and individuals to come together to discuss how to better educate consumers about data privacy issues. One way to advance the discussion, Cullen said, was to commission some research, which Microsoft did in two cities, in California and Texas. "We wanted to understand how different segments of consumers, from teens to professionals to boomers, thought about privacy," he said. "There were some rather interesting results that came out of this." "Our hypothesis is that across these three segments, there would be different ways of thinking about these things," said Cullen. "We were really surprised to learn there's a large degree of similarity in the way people think about privacy."

Jan 15, 2009 There may be only a handful of days left in the Bush administration, but the brouhaha over White House e-mail retention policies promises to continue right up to the last day. A federal court yesterday extended a preservation order to ensure that the outgoing administration does everything it can to recover any missing White House e-mails. The White House IT staff now has five days to scour workstations for missing e-mail before administration data records are archived on Jan. 20. The ruling, by U.S. District Judge Henry Kennedy Jr., also orders staff of the Executive Office of the President (EOP) to relinquish any digital media that may contain e-mails from March 2003 and October 2005. The legal action is the latest resulting from a lawsuit filed in September 2007 by the National Security Archive against the EOP, seeking to preserve and restore White House e-mails it alleged were missing. "There is nothing like a deadline to clarify the issues," Tom Blanton, the National Security Archive's director, said in a statement. "The White House will complain about the last-minute challenge, but this is a records crisis of its own making." The Archive, an independent nongovernmental research institute based at George Washington University, is a repository of government records and does not receive U.S. government funding. The Citizens for Responsibility and Ethics in Washington (CREW), a left-wing public advocacy group, also filed suit, but its legal action was subsequently consolidated with the Archive's legal action, which is taking place in the U.S. District Court for the District of Columbia. Last May, the White House's top tech staffer acknowledged that three months of data were missing from backup tapes. In earlier testimony before a congressional committee, White House technical staff said millions of e-mails from the past eight years could potentially have been erased. Also yesterday, Magistrate Judge John M. Facciola held an emergency status con

ACTA (Anti-Counterfeiting Trade Agreement) has concerned many consumer rights organizations for some time now. Given that it could easily affect criminal laws in many countries around the world, it's not hard to see why there is demand for public disclosure and allow public debate in the matters. Still, to this day, ACTA is being negotiated behind closed doors by many countries around the world and now consumer groups want to, at least, have the negotiations disclosed to them. When it comes to the privacy and surveillance debates, which are in various stages in different countries right now, many say that for national security concerns, further surveillance measures should be taken in the law books. Many policy makers want to know every detail of day-to-day communications of millions of people including who you talk to, when, how, where, and, with a warrant, what the contents of those messages are. Unsurprisingly, consumer rights groups have a problem with that. Meanwhile, when it comes to the highly secretive negotiations happening with ACTA, many consumer rights organizations want a clear indication on how the new international standard is forming and the contents of the legislation and to have such things disclosed to the public. Ironically, policy makers seem to have a problem with that.

Protecting National Security and Privacy: Approaches of New Administrations in the U.S. and Europe. In celebration of Data Privacy Day 2009, The Triangle Center on Terrorism and Homeland Security, along with Intel Corporation, hosted a Panel Discussion on The Future of Privacy and National Security. Participants included leading experts from the United States Departments of Homeland Security, Justice and State, the European Commission, the Council of European Union, and privacy experts from the private sector and academia. A PODCAST of this event is now available on iTunes U.

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There is no denying that Google is a giant success. But its size has made the "do no evil" mantra all the more difficult for it to follow - and for some of us to believe. Lately, it seems every new release and every new decision draws the ire of someone, be it politicians, privacy campaigners, or even villagers. While the Google brand is certainly in better shape than many tech firms, its constant moves to control more and more of our data and information has some up in arms. Privacy Three recent announcements have drawn the attention of privacy campaigners in the UK - Latitude, Street View, and behavioural advertising. Latitude is Google's mobile tracking system. Sign up for it, add your friends, and you can all see exactly where each other is via your mobile phone signal pinpointed on a Google map. Handy if you're bored and want to know who's out and about, but the location tracking system could be frightening for a host of other reasons, some say. Last month, Liberal Democrats Home Affairs spokesman Tom Brake filed an early day motion (EDM) asking the government to look into Latitude. Brake said: "This system poses an insidious threat to our hard-won liberties. 24-hour surveillance and a Big Brother society are new realities." But the heat was off Latitude after Street View was unveiled in the UK. The photo mapping system features street-level photos of 25 cities, offering a virtual tour of places such as London, Manchester and more. But some people aren't so happy having their homes, cars and selves photographed and mapped - even with face and number plates blurred. The backlash didn't take long to start. Within a day, Privacy International was on the case, asking the Information Commissioner to shut the site down.

Heartland Payment Systems Inc., which announced a breach of potentially millions of credit and debit cards last month, said it plans to vigorously defend itself against lawsuits filed as a result of the data breach. In a filing with the Securities and Exchange Commission, Heartland Chairman and CEO Robert Carr acknowledged the claims that cardholders, card issuers, the credit card brands, regulators, and others have asserted, or may assert, against the payment processor as a result of the breach and the impact it could have on the business. Several class action lawsuits have been filed against Heartland, claiming that the payment processor issued belated and inaccurate statements when it announced a security breach of its systems. Carr He said the company could not "reasonably estimate the potential impact of the breach on the day-to-day operations" of the business. "We intend to vigorously defend any such claims and we believe we have meritorious defenses to those claims that have been asserted to date," Carr said. "At this time we do not have information that would enable us to reasonably estimate the amount of losses we might incur in connection with such claims." The Princeton, N.J.-based payment processor announced Jan. 20 that its systems were breached last year when intruders installed malware to pilfer data crossing the company's network. Since then, Sherriff's authorities in Tallahassee, Fla. arrested three suspects for using stolen credit card numbers to make purchases at local Wal-Mart stores. The credit card numbers used by the trio were allegedly stolen from the Heartland processing center in New Jersey. Carr said the company's sales force was doing well despite the obvious challenges caused by the combination of the downturn in the economy and the data security breach. The payment processor's current customer base has responded positively, he said. "In the weeks since our announcement of the breach, we have installed more margin, and have a bit

"Identity theft can happen to anyone," is the frequent refrain of government and advocacy groups warning consumers about bank fraud. What they don't add: The crime is far more likely when that "anyone" is a woman. A study released Monday by the fraud-tracking firm Javelin Research showed that women are 26% more likely than men to be the victims of identity theft. While 3.8% of men had their banking details stolen and used for fraud in the last year, 4.8% of women were victimized. And women took far longer on average to discover their financial identities had been compromised, leading to far greater risk of repeat fraud: Women took 83 days to detect they'd been targeted, compared with 45 days for men. The growing reason behind this disparity, argues Javelin President James Van Dyke, is an often-misunderstood trend: Digital commerce is making identity theft harder, rather than easier. Because men are statistically more likely than women to adopt newer technologies such as online banking and shopping, they more often have the benefit of high-tech safeguards, Van Dyke says. Women, because of their lesser use of Web banking and sales, suffer from more old-fashioned fraud caused by stolen credit cards or retail employees, he says. Fifty-eight percent of women, for instance, have never banked online, compared with 55% of men, according to Javelin's study. That means women are less likely to sign up for fraud protection programs like text message or e-mail alerts that warn of abnormal transactions. Twenty-three percent of men use e-mail alerts, compared with 15% of women; 8% of men receive text message warnings, compared with just 3% of women.

Jan. 27 /PRNewswire-USNewswire/ -- Consumer Policy Solutions today released a new survey examining consumer awareness and understanding of online privacy. With Data Privacy Day tomorrow, this is an especially timely survey intended to help raise consumer awareness of privacy issues and give consumers the knowledge and tools needed for the privacy they desire online. Many consumers are not fully aware of the implications of their online activity and the "virtual breadcrumbs" they inadvertently leave behind when roaming from site to site. This survey, which follows closely on the heels of a Consumer Policy Solutions survey released in May that revealed protecting personal privacy is a top consumer concern, takes a closer look at consumers understanding of online privacy. Many respondents were unaware of the tracking, collecting and sharing of information that occurs as a result of online activities. "Consumers care about protecting their privacy on the Internet, but they do not necessarily know how to protect themselves nor do they understand how the process works," said Debra Berlyn, president of Consumer Policy Solutions. "Today is a great day to raise awareness of what the issues are for consumers. I think our survey serves as a good gauge of how consumers view their privacy online." In response to the findings of the survey, Consumer Policy Solutions is launching a website www.ConsumerPrivacyAwareness.org dedicated to educating and informing consumers about online privacy issues. The survey found that: * Consumers think they are knowledgeable about online privacy, but many are unaware of how their activity and behaviors can be followed and collected online. o 70% of Internet users say they are very or fairly knowledgeable about how to protect their personal privacy online o 42% are unsure whether their online activity is tracked and recorded by companies for commercial purposes o 12% believe that tracking by companies for co

In honor of this day, the California Office of Privacy Protection--the first governmental privacy office in the nation--has created a presentation which you can download from their Web site at www.privacy.ca.gov. It's called "Secure Your Computer to Protect Your Privacy," and it explains why computer owners should use Internet firewalls, install and maintain anti-virus and anti-spyware software, and keep their operating systems and applications up to date to protect themselves from malicious attacks. The state privacy office offers lots of other information on how Californians can protect themselves and their data. You can visit their Web site, call them toll-free at (866) 785-9663, or go Wednesday at 5:30 p.m. to the main San Francisco Public Library, where Joanne McNabb, the state's privacy chief, is scheduled to appear on a panel with representatives from Microsoft, Intel, the Center for Democracy and Technology, MySpace and Teen Angels. The panel is free and is part of an international effort to raise awareness about privacy practices and privacy rights

As the National Security Council works on its comprehensive review of federal cybersecurity programs for President Obama, it is going to great lengths to consider privacy and civil liberty issues, some Congress members said Thursday. The House Cybersecurity Caucus on Thursday met with Melissa Hathaway, the acting senior director for cyberspace for the National Security and Homeland Security Councils, who is conducting for the administration a 60-day cybersecurity review. Rep. James Langevin (D-R.I.), co-chair of the House Cybersecurity Caucus, said Hathaway has been meeting with privacy and civil liberties groups to receive their input on how to reform cybersecurity. Those issues are "a forethought rather than an afterthought," he said. "Because these are such powerful tools (to grant federal authorities to regulate cyberspace), we're going to have to have the buy-in of the public and have their support." While the Senate is working on its own plan for White House-run cybersecurity efforts, Langevin said Hathaway's assessment may ultimately suggest a strategy with a stronger emphasis on inter-agency efforts. Langevin said it is still unclear whether Hathaway will recommend that a new office for cybersecurity should be created within the Executive Office of the President--a move some senators are pushing for. Certainly, though, policy will have to come from the White House. "This is going to have to be an ongoing strategy of collaboration and cooperation directed out of the White House," Langevin said. "But there won't be one king, so to speak, at the end of the day. The chief information officers at the departments and agencies are still going to have a role to play."

Those who are superstitious may believe that bad things happen on Friday the 13th, but we will leave it to each individual and entity to formulate conclusions regarding the Health Information Technology for Economic and Clinical Health Act (the HITECH Act), which Congress passed late on Friday, February 13, 2009, and President Obama officially signed into effect on February 17, 2009. The HITECH Act addresses various aspects relating to the use of health information technology (H.I.T.), including providing for federal funding by way of grants and incentive payments in order to promote H.I.T. implementation. This Alert focuses, however, on Subtitle D of the HITECH Act, which includes important, new and far-reaching provisions concerning the privacy and security of health information that will materially and directly affect more entities, businesses and individuals in more diverse ways than ever before. These changes are further elaborated upon below, but this Alert can only highlight certain prominent issues under the HITECH Act and is by no means a comprehensive review of this lengthy and complex Act. For questions and additional guidance on the HITECH Act, contact your Fox Rothschild attorney or the authors of this Alert. New Privacy and Security Requirements * Security Breach Notification Requirements: Security breach notification requirements under the HITECH Act go into effect 30 days after the date that interim final regulations are promulgated, which will be no later than 180 days after the date of enactment of the HITECH Act (August 16, 2009). Covered entities, business associates and vendors who handle personal health records are required to abide by breach notification requirements. Violations of this requirement by vendors would be treated as an unfair and deceptive act or practice in violation of the Federal Trade Commission Act. If a breach affects more than 500 individuals of a particular state, notice also must be provided to prominent media outl

Emily Riley of Forrester Research presented a lot of data during her keynote presentation at today's OMMA Behavioral Conference but one point she made seemed rather salient to me: many of those marketers and data firms involved in behavioral targeting seem to skip over social media as a source of information. They might look at the data surrounding the usage of those sites but they seem to rarely do any actually monitoring, let alone interacting there. It reminded me of an experience I had with my wife. We once lived in a building where we didn't have much interaction with our neighbors, very little beyond an occasional wave in the hallway. We could, however see their mail mixed with ours and our landlord's. My wife began to notice that the landlord and our neighbor were starting to get similar envelopes from law firms. I, being the incurious mail sorter I am, didn't really think much of it. She, on the other hand, was convinced that one of them must be suing the other and was able to spin out some fairly detailed scenarios based on other clues from the hallway, the presence of exterminators one day, the thickness of paint on the front door etc. One day I encountered our neighbor in the hallway and did my customary wave. "Oh by the way," He said, "We're moving out next week." Oh really? He then regaled me with the entire story which involved a variety of things including an exterminator, paint thickness, and law firms. My wife and I were both able to glean essentially the same information. However if I had approached him and said, without any warning, "I bet you and our landlord are having one heckuva legal squabble," he probably would have punched me in the nose. I also believe that the ease with which I was able to get the whole story out of him suggests that had we interacted more it would have been I scooping my wife and not the other way around. These two approaches to gathering information are akin to the difference between following

Hackers, possibly from Asia, have stolen about a decade's worth of personal information on current and former UC-Berkeley students, the university announced Friday. The breaches involved records dating to 1999 at the school's health center that included Social Security numbers, health insurance information, immunization history and the names of treating physicians. No other treatment-related records were stolen, the university said, although self-reported medical histories of students who studied abroad were hacked. The school on Friday sent e-mails and letters to 160,000 people, including about 3,400 Mills College students who used or were eligible for University of California-Berkeley medical services. About 97,000 people are most at risk because their names and Social Security numbers could be connected by the hackers, said Steve Lustig, the university's associate vice chancellor for health and human services. "What's been taken is bits of data that the thief might put together into an identity," he said. The university traced the hackers back to Asia, possibly China, but the exact origin could not be pinpointed. UC and FBI investigators are probing the breaches, which apparently occurred over several months. An FBI spokesman said the agency was informed of the hacking immediately, but declined to provide more information. The thefts were discovered about a month ago, but system administrators did Advertisement not realize the breadth of the attack until April 21. The hackers disguised their work as routine operations and then left taunting messages for UC-Berkeley employees, said Shelton Waggener, the university's associate vice chancellor for information technology. The thieves accessed the information through the university Web site, he said. "You should think of it as a public building," Waggener said. "They got into the building properly, but then they broke into secure areas." Administrators at Mills College, which contracts with UC-Berkeley for

Maintaining privacy is on many people's minds these days, but sometimes that's the last thing they do. Allegations last week that two British tabloids, The Sun and The News of the World, had employed high-technology snoops to listen in on the mobile phone messages of public figures highlighted fears of what can happen when digital data fall into dubious hands. The reports came only days after another privacy debacle, this one self-inflicted. Photos and family information about Sir John Sawers, soon to be Britain's chief spy, appeared in another newspaper, The Mail on Sunday, after his wife posted them on Facebook. While attitudes toward privacy can appear paradoxical, the seeming contradiction is really about something else: control. When people bare their bodies on Facebook or their souls in the digital confessional of Google's search engine, they feel as if they are in charge. Not so, when the private embarrassments come to light unexpectedly.

A Troy woman learned Tuesday that she will spend 180 days in the Livingston County Jail for stealing the identity of a local woman who was dying. Judge Stanley J. Latreille also sentenced Vershawn Jones, who earlier pleaded guilty to identity theft, to four years of probation. Assistant Prosecutor Pamela Maas said the victim, who was not in court Tuesday, wanted to know how Jones, 38, got his wife's identification. His wife, Maas noted, was dying in a Hospice facility at the time. Jones, who said she operated a mortgage business, said she got it from one of four employees who brought her applications from people seeking mortgages. Those applications included personal information, such as Social Security numbers, she said. When pressed for names, Jones glanced at her attorney and shrugged. "I apologize to the victim and the victim's family," she said. "I've done the best I can running my own business." Maas initially requested that the state be allowed to withdraw from the plea deal that called for her office to recommend Jones serve no more than 90 days in the county jail after noting Jones had twice been sent to jail for failing to show for court hearings. While Jones apologized, Latreille was unmoved, telling the defendant "you're fortunate you're not going to prison."

The Nature of the Problem Identity theft has been referred to by some as the crime of the new millennium. It can be accomplished anonymously, easily, with a variety of means, and the impact upon the victim can be devastating. Identity theft is simply the theft of identity information such as a name, date of birth, Social Security number (SSN), or a credit card number. The mundane activities of a typical consumer during the course of a regular day may provide tremendous opportunities for an identity thief: purchasing gasoline, meals, clothes, or tickets to an athletic event; renting a car, a video, or home-improvement tools; purchasing gifts or trading stock on-line; receiving mail; or taking out the garbage or recycling. Any activity in which identity information is shared or made available to others creates an opportunity for identity theft. It is estimated that identity theft has become the fastest-growing financial crime in America and perhaps the fastest-growing crime of any kind in our society. Identity Theft: Is There Another You?: Joint hearing before the House Subcomms. on Telecommunications, Trade and Consumer Protection, and on Finance and Hazardous Materials, of the Comm. on Commerce, 106th Cong. 16 (1999) (testimony of Rep. John B. Shadegg). The illegal use of identity information has increased exponentially in recent years. In fiscal year 1999 alone, the Social Security Administration (SSA) Office of Inspector General (OIG) Fraud Hotline received approximately 62,000 allegations involving SSN misuse. The widespread use of SSNs as identifiers has reduced their security and increased the likelihood that they will be the object of identity theft. The expansion and popularity of the Internet to effect commercial transactions has increased the opportunities to commit crimes involving identity theft. The expansion and popularity of the Internet to post official information for the benefit of citizens and customers has also increased opportunities to obtain

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