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Current government rules do too little to protect the privacy of people's personal health information and also hinder the use of health data in medical research, a panel of experts reported on Wednesday. A committee of the Institute of Medicine, which provides advice to U.S. policymakers, urged Congress to take an entirely new approach to protecting personal health data in research. Federal standards for protecting privacy of personal health data under the Health Insurance Portability and Accountability Act of 1996, or HIPAA, are not doing the job, the panel said. Congress and the Obama administration are planning major changes this year to the U.S. health care system. Regarding the privacy rules, Congress should either start from scratch or thoroughly overall HIPAA's privacy provisions, the panel said. Better data security is needed, with greater use of encryption and other security techniques, the panel said. Encryption should be required for laptops, flash drives and other devices containing such data, it said. "Both privacy and health research are important. And we feel that we can strengthen privacy protections for people who participate in research while also allowing important research to proceed without unnecessary impediments," Dr. Bernard Lo of the University of California San Francisco, a member of the panel, told reporters. HIPAA governs how personally identifiable health information can be used and disclosed by health plans, health care providers and others. The intention is to protect personal health information while permitting the flow of information for health-related research and medical care. Lo said HIPAA has burdensome and confusing procedures for people to consent to have their health data used in medical research, dissuading people from taking part in such research.

Educating consumers about what behavioral targeting is and is not up to, deep within the cookies of their browser, seems to be a bit like alternative energy development. Pretty much everyone says the industry should be doing more about it, and yet it is hard to see where and with whom it starts. Most online materials related to BT are pitched to one end of the value chain, marketers. It's not clear to me that most of the companies in this space are even comfortable talking directly to consumers, let alone taking the time to develop an accessible language to describe their process. Specific Media controls the BehavioralTargeting.com domain and uses it to educate marketers about its methods. Even the Wikipedia entry for this field is really an explanation for advertisers. This is understandable, since most people who are familiar with the term likely come from the industry. But it seems to me the industry misses an opportunity to practice more often, and in more places, what it knows ultimately needs to be done. You guys need to find better, clearer, simpler ways to explain what it is you are doing in our browsers -- and why you are doing it. And what are the real benefits and risks a consumer incurs by tacitly agreeing to your presence? Isn't every possible point of contact with a suspicious consumer a teachable moment? In an earlier post, I recounted how I struck some retargeting gold when FetchBack tagged and remarketed me during my travels online. An opt-out option is clearly available at the front page of the FetchBack site. Unfortunately, from there you either opt-out (kick over to the Network Advertising Initiative site) or click into a long scrolling privacy policy that doesn't actually get around to explaining retargeting until a few screens down.

A recent data breach study commissioned by the state of Maine sheds light on the losses banks experienced as a result of the data breaches at TJX and Hannaford Brother's supermarkets. The state's banks said they incurred $2.1 million in expenses related to data breaches since January 1, 2007. The Hannaford breach had the largest impact, affecting 71 financial institutions and incurring $1.6 million in expenses according to the Maine Data Breach Study. Hannaford is based in Scarborough, Maine. The TJX breach accounted for $485,000 in expenses. The report was issued by the Main Bureau of Financial Institutions in November 2008. It studied the impact of data security breaches on Maine banks and credit unions. Fifty credit unions and 25 banks headquartered in Maine responded to the survey. Financial institutions reported more than 18 million records breached last year, according to the Identity Theft Research Center. The San Diego-based nonprofit found that data breach reports across five industry sectors jumped to 656 last year, up 47% from 2007. About 12% of the reports came from financial-services firms, up from 7% in 2007. In Maine, the Hannaford breach resulted in more than $318,000 in gross fraud losses, according to data reported by 22 financial institutions. More than 700 accounts were used to buy items fraudulently, although five of the 22 institutions that suffered a fraud loss did not report the number of accounts, according to the report. The Hannaford breach cost some banks as much as $58,000 to reissue credit cards to customers. Investigation expenses cost nearly $30,000 for some banks. Communication to customers cost nearly $28,000, some banks and credit unions reported. Fraud losses of nearly $45,000 were tied to the TJX data breach. The losses were reported by six financial institutions. The expenses for reissuing credit cards cost some banks as much as $32,000. Investigation expenses were as high as $21,000 for some banks. Communication to custom

Fireman's Fund Insurance Co. this week unveiled what it says is the first coverage available to small and medium-sized businesses for losses from payment card data breaches. News of the policy came on the same day that a non-profit research organization reported that data breaches increased 47% last year. The idea behind the coverage, according to Brian Gerritsen, product director at Novato, Calif.-based Fireman's, is to give peace of mind to business owners who are diligent about complying with the Payment Card Industry data-security standard, or PCI, the card networks' uniform protection rules that all card acceptors are supposed to meet. "That's what we're really trying to insure against-business owners trying to do everything in their power to protect their customers' cardholder data, but still find themselves in a data-breach situation and out of compliance with the PCI standards or other security standards that may apply to them," he tells Digital Transactions News. To get the coverage, however, a merchant must clear a number of hurdles. An applicant must already have property or liability coverage from Fireman's as well as the company's general data-breach policy first offered in 2006. The new payment card coverage is an add-on to that earlier product. Coverage is available to retailers and most other card-accepting merchants, but not schools and hospitals, says Gerritsen. The insurer excluded the former because of their high rate of data breaches and the latter because they hold extremely sensitive medical and personal data. If breached, a covered merchant could recoup about $160,000 in resulting expenses. That includes up to $50,000 for a PCI-specific forensic investigation, system scans and software, and hardware upgrades to get card security up to snuff. The policy also provides up to $100,000, with a 5% deductible, for PCI fines-"contractual penalties" in industry lingo-and related costs such as chargebacks and issuersâ€

Brief descriptions and links to professional certifications in information security, physical security, audit, investigations, business continuity and more. Certifications provide a way to expand and/or demonstrate professional expertise. A wide variety of certifications are available in security and related disciplines. This directory will compile brief descriptions of certs in information and physical security, business continuity, audit and other areas, with links to details from the issuing organizations. Notes: -- This list will be updated and expanded at The Security Certification Directory on csoonline.com. -- Vendor-specific security certifications will be added in the near future.

On November 1 and 2, 2007, the Federal Trade Commission will host a Town Hall entitled "Ehavioral Advertising: Tracking, Targeting, and Technology." The event will bring together consumer advocates, industry representatives, technology experts, and academics to address consumer protection issues raised by the practice of tracking consumers' activities online to target advertising - or "behavioral advertising." The Town Hall is a follow-on to a dialogue on behavioral advertising that emerged at a November 2006 FTC forum, "Tech-Ade," which examined the key technological and business developments that will shape consumers' core experiences in the coming ten years. In addition, several consumer privacy advocates, as well as the State of New York, recently sent letters to the FTC asking it to examine the effects of behavioral advertising on consumer privacy. The Town Hall will explore how the online advertising market, and specifically behavioral advertising, has changed in recent years, and what changes are anticipated over the next five years. Among other things, it will examine what types of consumer data are collected, how such data are used, what protections are provided for that data, and the costs and benefits of behavioral advertising to consumers. The Town Hall will also address what companies are disclosing to consumers and what consumers understand about the online collection of their information for use in advertising. In addition, the Town Hall will look at what regulatory and self-regulatory measures currently govern the practices related to online behavioral advertising, as well as anticipated changes in the behavioral advertising space in the future. The Commission invites interested parties to submit requests to be panelists and to recommend other topics for discussion. The requests should be submitted electronically to behavioraladvertising_requests@ftc.gov by September 14, 2007. The Commission asks interested parties to include a stat

As your day ticks by, it seems that everything you do can leave a data trail. From your purchases online to the resumes you post, to health care transactions made with your insurance cards, you probably are exposing your own personal data to possible snooping, fraud, or identify theft. "Having so much sensitive information available makes it even more difficult for other organizations to release information that is effectively anonymous," says Latanya Sweeney, associate professor of computer science, technology and policy, and director of Carnegie Mellon's Data Privacy Lab. Sweeney demonstrated that birth date, gender and 5-digit ZIP code is enough to identify 87 percent of people in the U.S. One year ago, Sweeney started to pull together a group of faculty who were looking at issues relating to privacy and security, and working toward possible solutions. In the Internet age, few areas of our private lives-and what U.S. Supreme Court Justice Louis Brandeis called "the right to be left alone"- remain untouched by technology. Lorrie Cranor, associate research professor in the School of Computer Science, and director of Carnegie Mellon's Usable Privacy and Security Laboratory, describes Carnegie Mellon as "the place to be for privacy research." She explains, "There's a concentration of researchers and experts here that you just don't find at any other university." So how do these Carnegie Mellon experts suggest you protect yourself when you find the information technology that drives your everyday life to be more sophisticated than you are? Here is a sample of some of their creative solutions-your wake-up call for keeping your data "self" both private and secure.

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

The International Dimensions of Securing Cyberspace with Seymour Goodman, Professor of International Affairs and Computing at Georgia Tech.Hudson Institute hosts the fourth installment of its Telecommunications, Information, and Security Policy Seminar series. Drawing on his experience in the international dimension of cyberspace, Goodman leads a discussion on the extent of the internationalization of cyberspace, specific international problems and weaknesses that add to cyberspace insecurity, especially relating to Africa, and also discusses some forms of international cooperation that might help alleviate these problems.

Government Information Security Podcasts As a GovInfoSecurity.com annual member, this content can be used toward your membership credits and transcript tracking. Click For More Info Probing Federal IT Security Programs: Gregory Wilshusen, GAO February 23, 2009 Government Accountability Office auditors will have a busy spring, examining a number of federal government programs aimed at securing government information systems and data. In an interview with GovInfoSecurity.com, Gregory Wilshusen discusses how the GAO is looking at how private industry and two dozen federal agencies employ metrics to measure the effectiveness of information security control activities. Other current GAO information security investigations he discusses include: Federal Desktop Core Configuration intended to standardize security features on personal computers purchased by the government. Trusted Internet Connection initiative aimed at slashing government Internet connections to fewer than 100 from more than 2,000. Einstein automated networking monitoring program run by U.S Computer Emergency Readiness Team. Gregory Wilshusen is director of information security issues at GAO, where he leads information security-related studies and audits of the federal government. He has more than 26 years of auditing, financial management and information systems experience. Before joining GAO in 1997, Wilshusen served as a senior systems analyst at the Department of Education as well as the controller for the North Carolina Department of Environment, Health and Natural Resources.

1:53:26 - Jun 29, 2007 Recorded at the 8th www.ToorCon.org Information Security Conference, Sept 30th and Aug 1st, 2006 in San Diego, California. Content produced by www.MediaArchives.com --- PRIVACY IS DEAD - GET OVER IT, with Steven Rambam. This talk will include numerous examples of actual data and investigative online resources and databases, and will include an in-depth demonstration of an actual online investigation done on a volunteer subject. (The subject is Rick Dakan, a noted author, who will be present.) (From CNN: "...Rambam was scheduled to discuss how he dug up -- in just over four hours of searching private and public databases -- more than 500 pages worth of data on Rick Dakan, who was attending the conference and had agreed to participate in the project. "All I had given him was my e-mail and name," Dakan said. "He knew everywhere I'd lived, every car I had driven, and even someone else in Alabama who was using my Social Security number since 1983.Emphasis will be placed on discussing the "digital footprints" that we all leave in our daily lives, and how it is now possible for an investigator (or government Agent) to determine a person's likes and dislikes, religion, political beliefs, sexual orientation, habits, hobbies, friends, family, finances, health and even the person's actual physical whereabouts at any given moment, solely by the use of online data and related activity

The following is an excerpt from the book The Truth About Identity Theft. In this section of Chapter 11: Social Engineering (.pdf), author Jim Stickley explains how easy it really is to hack a password. People often ask me how hard it is to hack a password. In reality, it is rare that I ever need to hack someone's password. Though there are numerous ways to gain passwords on a network and hundreds, if not thousands, of tools available to crack encrypted passwords, in the end I have found that it is far easier to simply ask for them. A perfect example of this type of attack was a medium-sized bank that I was testing recently. The bank's concern was related to the new virtual private network (VPN) capabilities it had rolled out to a number of its staff. The VPN allowed staff to connect directly to their secured network while at home or on the road. There is no doubt that a VPN can increase productivity, but there are some pretty major risks that can come with that convenience. The bank explained that the VPN was tied into its Active Directory server. For people who are not technical, basically this just means that when employees log in via the VPN, they use the same credentials they use to log on to their computer at the office. So I went back to my office, sat down, and picked up the phone. The first call I made was to find out the name of an employee in the IT department. I called the company's main line to the bank, pressed 0, and asked to speak with someone in the IT department. I was asked what I was calling about, so I told the employee I was receiving emails from that bank that seemed malicious. I could have used a number of excuses, but I have found that if you tie in an unhappy customer with a potential security issue, your call gets further up the food chain. In this case, I reached a man who I will call Bill Smith. I made up a story about the email, and after a few minutes, he was able to explain to me that I had called the wrong bank and it was actuall

Better to settle with the FTC than get your company's reputation as consumer-friendly (deserved or not) dragged through the court of public opinion.

Sears Holdings has agreed to settle allegations it collected personal data from customers without adequate disclosures, the Federal Trade Commission said on Thursday. The FTC had accused Sears Holdings, created in 2005 with the merger of Sears and Kmart, of paying online customers $10 to allow the company to track their online browsing. But the FTC said Sears also collected information on non-Sears sites, such as online bank statements, drug prescription records and emails. "The software would also track some computer activities that were not related to the Internet," the FTC said in a statement. Sears did disclose all it would monitor in a lengthy user license agreement, but the FTC argued it was not enough. "The complaint charges that Sears' failure to adequately disclose the scope of the tracking software's data collection was deceptive and violates the FTC Act," the FTC said in a statement. Sears did not immediately reply to two telephone calls and one email seeking a comment. Under the settlement, Sears is required to destroy the data collected and make future disclosures more prominent.

This week, the Government Accountability Office issued a report related to privacy and security issues at FDA and another report about the agency's plans to modernize its IT systems, Government Health IT reports. Privacy and Security Report On Monday, GAO released a report suggesting that FDA has not included sufficient privacy and security protections in its plans for a medical product safety monitoring system called the Sentinel Initiative. The system would use data from insurance companies, academic institutions, government agencies and health care providers to track the performance of medications and medical devices. According to the FDA Amendments Act of 2007, the initiative would have access to data from 25 million people by mid-2010 and 100 million people by mid-2012 (Foxhall, Government Health IT, 6/2). For the report, GAO conducted an audit of FDA's planning process for Sentinel from May 2008 to May 2009.

Too many companies leave themselves vulnerable to employees' ignorance or purposeful flouting of the rules when it comes to information security, suggests a survey conducted by (ISC)2. Focused on the 'basics' of policy management, the survey revealed that organisations are becoming confident in their ability to comply with the policies and procedures set out to secure their organisations. Analysis of the results, however, reveal education efforts to be immature, with most concerns relating to accountability and company-wide understanding of what is required. The survey questioned 737 information security professionals last month about their organisation's efforts in policy and awareness management. A great majority, 80 percent, said their company's ability to comply with security policy was satisfactory, good or very good, leaving only 20 percent saying they were dissatisfied. However, this confident stance was tempered by concerns from nearly half of the respondents over a lack of training (48 percent) and poor employee understanding of policy (46 percent); a lack of defined accountability (42 percent); and an unsupportive company culture (48 percent). These obstacles to compliance with policy were cited by significantly more respondents than other issues of traditional concern, including a lack of budget, which only 22 percent were concerned about, and the ability to procure the latest technology, which concerned only 19 percent of respondents. "The challenges are shifting from the systems to the people," says John Colley, CISSP, managing director for EMEA (Europe, Middle East, Africa) for (ISC)2. "The relatively little concern expressed over budgets suggests security continues to be viewed as a business imperative, even in the current economic climate. Unfortunately, security requirements are not yet well understood, or worse flouted, often with management support, in order to get a job done. There is a colossal task ahead to ensure all emplo

Ignorant People are a big security risk.

Things to think about for auditors during a downturn

As IT environments are becoming more complex, enterprises are relying on them more than ever before, said Michael Juergens, principle at Deliotte & Touche, told attendees at an ISACA CACS audit and compliance conference. He identified 10 areas in which complexity makes IT more difficult to monitor. "This list is designed to get you thinking about your environments and if currently scheduled IT audit procedures will evaluate this risks," Juergens said. "The list is in no particular order, is by no means a comprehensive list, and will vary by environment. There may be a greater or lesser risk depending on your industry, technology, business processes, and other factors," he added. He said that auditors should make a careful risk assessment at any enterprise that uses external cloud computing solutions. A key risk for compliance is simply keeping track of the data and recovering it if part of the cloud goes down. IT administrators must have insight into the cloud to enable forensics if an investigation is required. Juergens added that virtualization, often a key component of private clouds, carries the same risks as public clouds. The key issue is finding and tracing data, which can move to different servers within a virtualized environment. During this economic downturn, many companies will face disgruntled employees and will need to be able to control their access. "Specific attention items should be: timely removal of access, periphery security, internal security architecture, physical security and badge location, help desk procedures, workstation security and IDS management," Juergens said. Layoffs can harm an organization even without disgruntled employees. Many help desks and incident response teams will be understaffed, and Juergens advised that now is a good time to re-examine security procedures. A related risk could occur if an employee takes on the responsibilities of another, combining tasks that were previously segregated for compliance purposes. En

Heartland Payment Systems Inc. said it was experiencing losses this quarter as a direct result of a massive data breach it disclosed in January when investigators discovered a malicious program sniffing credit card data passing through its systems. The company said it took a $2.5 million loss for the quarter as a result of spending more than $12.6 million in legal bills, fines from MasterCard and Visa and administrative costs. The announcement was made during the company's financial earnings call, where Carr said the costs associated with the breach could continue to climb. "Our defense of the claims regarding the processing system intrusion remains ongoing," he said. "Much of the legal work remains to be done and it is difficult to anticipate when these matters will come to a conclusion." Carr also admitted for the first time that since the Princeton, N.J.-based processing giant announced a breach of its systems, some of the payment processor's clients have switched to competitors as a result of the breach. He said some competing processors resorted to scare tactics. "We have had many competitors that have been very supportive and professional, and we certainly don't want to tar all of our competitors with the same brush," Carr said. "We have had some competitors telling merchants falsely that they would be fined $10,000 a day if they stay with Heartland. We think we're through the worst of that." Car said less than $1 million of the breach costs were fines levied by MasterCard and Visa against the company's sponsored banks. The fines are being contested, he said. More than $500,000 relates to a fine assessed by MasterCard against the sponsored banks in which the card company said Heartland failed to take appropriate action upon learning that a breach was suspected. Carr said the fine is in direct violation of both the MasterCard rules and law.

Why employers should actually perform background checks.

A former Texas lottery worker was arrested while training for a new job Tuesday - his fourth with the state - and charged with illegally "possessing" personal information on 140 lottery winners and employees, including their names and Social Security numbers. Joseph Mueggenborg was still working for the Lottery Commission in 2007 when he allegedly took the information, which was discovered last year on a state computer at the Comptroller of Public Accounts where he later was employed. He was fired and the information was turned over to criminal investigators. When arrested Tuesday, however, the computer analyst was training for yet another job, at the Texas Department of Licensing and Regulation. Travis County prosecutor Jason English said it was "concerning" that the man was still working for the state after being fired by the comptroller. Susan Stanford, a spokeswoman for the Texas Department of Licensing and Regulation, said the department was unaware Mueggenborg had been fired and was under investigation when he was hired as a systems analyst three weeks ago. He was receiving job-related training at the time of his arrest, she said. The department has secured Mueggenborg's computer and begun a forensic study.

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

When the director of IT at a Boston-based, midsize pharmaceutical firm was first approached to participate in a data leakage audit, he was thrilled. He figured the audit would uncover a few weak spots in the company's data leak defenses and he would then be able to leverage the audit results into funding for additional security resources. "Data leakage is an area that doesn't get a lot of focus until something bad happens. Your biggest hope is that when you raise concerns about data vulnerability, someone will see the value in allowing you to move forward to protect it," the IT director says. But he got way more than he bargained for. The 15-day audit identified 11,000 potential leaks, and revealed gaping holes in the IT team's security practices. (Read a related story on the most common violations encountered.) The audit, conducted by Networks Unlimited in Hudson, Mass., examined outbound e-mail, FTP and Web communications. The targets were leaks of general financial information, corporate plans and strategies, employee and other personal identifiable information, intellectual property and proprietary processes. Networks Unlimited placed one tap between the corporate LAN and the firewall and a second tap between the external e-mail gateway and the firewall. Networks Unlimited used WebSense software on two servers to monitor unencrypted traffic. Then it analyzed the traffic with respect to company policy. Specifically, Networks Unlimited looked for violations of the pharmaceutical firm's internal confidentiality policy, corporate information security policy, Massachusetts Privacy Laws (which go into effect in 2010), Health Insurance Portability and Accountability Act (HIPAA), and Security and Exchange Commission and Sarbanes-Oxley regulations. Auditor Jason Spinosa, senior engineer at Networks Unlimited, says that while he selected the criteria for this audit, he usually recommends that companies take time to determine their policy settings based on their risk