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A consumer group accused Google of seeking provisions in the economic stimulus package that would allow it to sell patient medical data to Google Health advertisers. Perhaps patients' biggest worry about electronic medical records is that their private health data will get into the wrong hands. To get a feel for some folks' anxiety, just take a look at this from a group called Patient Privacy Rights: "CHILLING NEWS ABOUT HEALTH PRIVACY: You Have None." (Or look at one of our many posts about health data breaches.) So it's probably not a surprise that Google, which last year launched Google Health, a personal online repository, was quick to refute a charge by a different consumer group, called Consumer Watchdog, of "a rumored [Google] lobbying effort aimed at allowing the sale of electronic medical records." The group further claimed that Google is "reportedly" pushing for items in the economic stimulus bill that would allow the company to "sell patient medical information" to advertisers. Google shot back, posting an item in its public policy blog calling the claims "100 percent false and unfounded." The company added: Google does not sell health data. In fact, one of our most steadfast privacy principles is that we don't sell our users' personal data, whether it's stored in Google Health, Gmail, or in any of our products. And from a policy perspective, we oppose the sale of medical information in the health care industry. Google's ear is likely fine tuned to this issue, considering some folks in the medical community have already pointed out the company is not a type required to follow a federal patient-privacy law called HIPAA.

Consumers save their e-mail and documents on Google's data centers, put their photos on Flickr and store their social lives on Facebook. Now a host of companies including Amazon and Microsoft wants government agencies to similarly house data on their servers as a way to cut costs and boost efficiency. But federal officials say it's one thing to file away e-mailed jokes from friends, and another to store government data on public servers that could be vulnerable to security breaches. The push toward "cloud computing," so named because data and software is housed in remote data centers rather than on-site servers, is the latest consumer technology to migrate to the ranks of government. Companies such as Amazon and Salesforce, which do not typically sell services to the government, want a piece of the business. Google opened a Reston office last year to sell applications such as Google Docs to federal employees. Silicon Valley-based Salesforce, which has focused on selling to corporations, established a team dedicated to government contracting. Microsoft spent $2.3 billion in 2007 to build data centers for cloud computing, and IBM, Sun Microsystems and HP want to provide the government cloud.

Two companies that collect, analyze and sell prescription information are mounting a Supreme Court challenge to New Hampshire's first-in-the-nation law making doctors' prescription writing habits confidential. In an appeal filed March 27, IMS Health Inc. of Norwalk, Conn., and Verispan LLC of Yardley, Pa., tell the high court that the law violates their First Amendment right to free speech in pursuit of their business. The law, aimed at thwarting hard-sell tactics by drug companies to doctors, makes it a crime for pharmacies and others to transfer information disclosing a doctor's prescribing history if the information could be used for marketing of prescription drugs in New Hampshire. Patients' names are not included in the data. The companies say that the ruling by the 1st U.S. Circuit Court of Appeals in Boston that upheld the law's constitutionality could be broadly applied to newspaper publication of stock market information and many other services that gather large amounts of information. The money made by selling the information to drug makers, the companies say, allows them to provide the same material to researchers and humanitarian organizations at little or no cost. The law first took effect in 2006. The following year, U.S. District Judge Paul Barbadoro in Concord ruled in the companies' favor and said the law violated the First Amendment. Another federal judge subsequently ruled against a similar law in Maine, relying heavily on the New Hampshire decision. But the 1st Circuit overruled Barbadoro, calling the law a valid step to promote the delivery of cost-effective health care. "Even if the Prescription Information Law amounts to a regulation of protected speech - a proposition with which we disagree - it passes constitutional muster," the court said. "In combating this novel threat to cost-effective delivery of health care, New Hampshire has acted with as much forethought and precision as the circumstances permit and the

Several years ago I was helping firms prepare for their first SOX (Sarbanes-Oxley) compliance audits. Following is one of the experiences I had training corporate executives, staff and even auditors about the benefit of selling change...

I walked into the Chief Information Officer's office, not k

Do you know what your data did last night? Almost none of more than 27 million people who took the RealAge quiz realized that their personal health data was sold to drug companies, who in turned used that information for targeted e-mail marketing campaigns. There's a basic consumer protection principle at work here, and it's the concept of "unfair and deceptive" trade practices. Basically, a company shouldn't be able to say one thing and do another: sell used goods as new, lie on ingredients lists, advertise prices that aren't generally available, claim features that don't exist, and so on. RealAge's privacy policy doesn't mention anything about selling data to drug companies, but buried in its 2,400 words, it does say that "we will share your personal data with third parties to fulfill the services that you have asked us to provide to you." They maintain that when you join the website, you consent to receiving pharmaceutical company spam. But since that isn't spelled out, it's not really informed consent. That's deceptive. Cloud computing is another technology where users entrust their data to service providers. Salesforce.com, Gmail, and Google Docs are examples; your data isn't on your computer -- it's out in the "cloud" somewhere -- and you access it from your web browser. Cloud computing has significant benefits for customers and huge profit potential for providers. It's one of the fastest growing IT market segments -- 69% of Americans now use some sort of cloud computing services -- but the business is rife with shady, if not outright deceptive, advertising.

Chris Nolter Department store proprietor John Wanamaker is famously said to have quipped, "Half the money I spend on advertising is wasted; the trouble is, I don't know which half." The founder of Wanamaker's department store is known as the "father of modern advertising." His innovations, in late 19th-century and early 20th-century Philadelphia and New York, included publishing reliable prices in advertisements, copyrighting pitches, offering money-back guarantees and hiring a full-time writer to produce ad copy. A century later, advertising professionals have gotten more sophisticated and adapted to radio, television, outdoor and digital media. Wanamaker's observation about the value and effectiveness remains profound for merchants and manufacturers, as well as for media outlets that have seen broadcasting or print-advertising dollars reduced to digital pennies. The Internet has made the amount of space that can be filled with advertising virtually infinite, while the recession has all but emptied the advertising coffers of automakers, financial services firms and real estate companies. While digital media has disrupted the traditional ad business, it also presents the tantalizing promise to answer Wanamaker's question. Prior generations of digital advertising gave us spam and banner ads that tempted us with animated mortgage holders wildly dancing on the roof of their home or prizes for whacking a mole. The new proposition is that digital ads will allow advertisers to target audiences and track their returns on investment, and provide users with advertising and content that is more relevant. More than 400 advertising networks have come into existence to sell ad space on the expanding inventory of Web sites and pages. These networks connect advertisers with online publishers, often shopping ad space that a Web site's own sales staff cannot fill. Many of the networks cater to niches, such as food, wine, cars or sports. Increasingly, they are selling access to a

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Broadband is cheaper in many other countries than in the United States. "You have a pretty uncompetitive market by European standards," said Tim Johnson, the chief analyst at Point-Topic, a London consulting firm. Other countries have lower costs for the same reasons their DSL service is faster. Dense urban areas reduce some of the cost of building networks. In addition, governments in some countries subsidized fiber networks. But the big difference between the United States and most other countries is competition. "Now hold on there," you might say to me. Since I wrote that many countries don't have cable systems and the bulk of broadband is run by way of DSL through existing phone wires, how can there be competition? Aren't those owned by monopoly phone companies? True enough. But most big countries have devised a system to create competition by forcing the phone companies to share their lines and facilities with rival Internet providers. Not surprisingly, the phone companies hate this idea, often called unbundling, and tend to drag their feet when it is introduced. So it requires rather diligent regulators to force the telcos to play fair. And the effect of this scheme depends a lot on details of what equipment is shared and at what prices. Britain has gone the furthest, forcing BT Group to split off a unit that operates the actual network and sells to various voice and Internet providers, including its own telephone service, on an equal basis. The United States was early with this sort of approach, requiring telephone companies to allow rival Internet service providers to sell DSL service using their networks. The way these rules were written, however, meant the wholesale cost was so high that providers like AOL and Earthlink couldn't offer a better deal than the telcos themselves. And the plan was largely abandoned in 2003 by the Federal Communications Commission on the theory that the country is better served by encouraging competition

It's often the security issue that dogs Google, Microsoft and other purveyors of personal health records (PHR): How will so much personal medical data be kept safe? A tangential question for Google, however -- one that has dogged the search giant since its Google Health offering was first made available in May 2008 -- is whether Google's search-based advertising platform creates a conflict with storing personal health data. Speaking at the Mastermind Session at Everything Channel's Healthcare Summit in San Diego in November,Google Vice President of Research and Special Initiatives Alfred Spector told health care CIOs, solution providers and other attendees that Google intended Google Health as an extension of the Google brand, and it was and would continue to be entirely separate from Google's main advertising platform. Watchdog organizations have taken Google to task over that claim, however, with one, Consumer Watchdog, even accusing Google of trying to lobby Congress to allow it to sell medical records by loosening regulatory language in the stimulus bill. "The medical technology portion of the economic stimulus bill does not sufficiently protect patient privacy, and recent amendments have made this situation worse," wrote Jerry Flanagan of Consumer Watchdog in a Jan. 27 open letter to Congress. "Medical privacy must be strengthened before the measure's final passage, rather than allowing corporate interests to take advantage of the larger bill's urgency." Flanagan in the letter states that, "Google is said to be lobbying hard ... to weaken the ban currently in the draft measure on the sale of our private medical records." While Consumer Watchdog did not cite specific evidence of Google pushing for softer restrictions, Google responded to the group's claims on its Public Policy Blog last week. "The claim -- based on no evidence whatsoever -- is 100 percent false and unfounded," wrote Pablo Chavez, Google's Senior Policy Counsel. "Google does not sell health

Still think that today's computer viruses and other malware come from some maladjusted teen out to vandalize your PC to make a name for himself? Think again. The persistent myth is a holdover from days long gone, and it's important to dispel it if you want to know what you're up against-and how to protect yourself. The splashy worms and malicious viruses that clogged entire networks and indiscriminately wiped hard drives are essentially gone. Today, it's all about cash-and lots of it. If there's a way to use evil software to make money, whether it means taking over a PC to send pharmacy-advertising spam, or stealing financial logins and credit card info, or even hacking game accounts, it's out there in some form. There's even a thriving online black market that sells everything from software kits to roll-your-own malware to spam services using infected PCs to reams and reams of credit card data stolen by keylogger malware. It's most important to get rid of this myth in order to get rid of the idea that you can usually tell whether you're infected by obvious signs like big pop-ups or suddenly missing files. Malware writers today work to keep infections as quiet as possible for as long as possible so that they can continue to make money. But it's also important to keep in mind that today's online crooks have become very creative in figuring out how to make money with their malware. Stolen Webmail accounts have been used to send messages to the account's contact list asking for money transfers. Popular online games such as World of Warcraft are a huge target, with thieves raiding hacked accounts to sell the items or in-game currency for real money. So don't assume that there's no risk using an untrusted PC as long as you don't log onto your bank.

Premier Election Solutions (formerly Diebold Election Systems) admitted in a state hearing Tuesday that the audit logs produced by its tabulation software miss significant events, including the act of someone deleting votes on election day. The company acknowledged that the problem exists with every version of its tabulation software. The revelation confirmed that a problem uncovered by Threat Level in January, and reiterated in a report released two weeks ago by the California secretary of state's office, has widespread implications for election jurisdictions around the country that use any version of the company's Global Election Management System (GEMS) software to tabulate votes. "Today's hearing confirmed one of my worst fears," said Kim Alexander, founder and president of the non-profit California Voter Foundation. "The audit logs have been the top selling point for vendors hawking paperless voting systems. They and the jurisdictions that have used paperless voting machines have repeatedly pointed to the audit logs as the primary security mechanism and 'fail-safe' for any glitch that might occur on machines. To discover that the fail-safe itself is unreliable eliminates one of the key selling points for electronic voting security."

SAN JUAN, Puerto Rico-An identity-theft ring that catered to illegal immigrants seeking to establish themselves in the U.S. stole the personal data of 7,000 public school children in Puerto Rico, officials said Tuesday. Members of the ring broke into about 50 schools across the U.S. island territory over the past two years to steal birth certificates and Social Security numbers to sell to the illegal immigrants, the FBI and other agencies announced at a news conference. The victims were largely unaware their information had been stolen-and likely would not have learned of the thefts until they became adults and tried to buy something on credit, said assistant U.S. Attorney Julia Diaz Rex. "A kid is going to have a perfect credit history," Diaz said. "They reach 18, 20 years of age. They go buy a car and their credit is damaged." The authorities did not disclose how they uncovered the ring but said seven people have been arrested and one more is being sought. At least some of them were illegal immigrants from the Dominican Republic. Investigators determined the birth certificates and Social Security numbers were sold as a package in a number of states including Texas, Alaska and California, for up to $250, authorities said. Two suspects are accused of possessing nearly 6,000 birth certificates and Social Security cards. One was accused of intending to sell 40 Social Security cards for nearly $3,000, while another was seeking the same amount for 12 cards. The suspects in custody were being held on charges that include aggravated identity theft and social security fraud and face up to 15 years in prison, said U.S. Attorney Rosa Emilia Rodriguez. One suspect had been previously arrested for the kidnapping of a Dominican man last year that led to the shooting of a police officer during an FBI raid, said Luis Fraticelli, special FBI agent in charge of Puerto Rico. It is unclear if other members of the ring are at large, and whether they received help from sch

The state's highest court told Bergen County yesterday to release 8 million pages of real estate documents -- including mortgage information -- to fulfill a request filed under the state's public records law, but that Social Security numbers included in them must be kept private. The justices also said the company requesting the information should pay the $460,000 it will cost the county to remove the Social Security numbers from records spanning more than two decades. The court unanimously agreed that the documents, requested by a business that wants to sell electronic access to this information, are public records under the state's Open Public Records Act. But it stressed some of the personal information, if released, would hurt residents. "The request was made on behalf of a commercial business planning to catalogue and sell the information by way of an easy-to-search computerized database. Were that to occur, an untold number of citizens would face an increased risk of identity theft," Chief Justice Stuart Rabner wrote for the court. Bergen County officials called the decision a victory for all New Jersey residents concerned about identity theft.

There are many websites that sell or provide for free, personal information about individuals. This information is gathered from many sources including white pages listings (directory assistance), publicly-available sources and public records. * Data vendors that offer an opt out policy * Data vendors that do not offer an opt out policy Directory Listings: To prevent the cross-referencing of your address with your phone number, you can choose to not have your information available in the phone book or through directory assistance. If your number is "unlisted," your name, address and phone number will not be printed in the phone book, but the information is available through both directory assistance and reverse directory assistance. If your number is "unpublished," your information will not be printed in the phone book and is not available through directory assistance or reverse directory assistance. Or you can list your name and phone number, but not your address. Telephone companies usually charge a monthly fee to be unlisted or unpublished. Public Records: Please note that public records are often that--public. Web sites that provided personal information gathered from various sources are not required to offer a way to have that information removed or suppressed, though many will as a courtesy. The table below notes many of the more common online providers of public and non-public information that do offer an opt out mechanism. The opt out notes below usually only apply to non-public information. Not all web sites that sell personal information allow individuals to have their information removed or suppressed. Check the privacy policy of the site to see if they offer an opt-out mechanism. If one is provided, ask the online data broker for clarification on whether opting out also applies to public records information they may maintain. Some online data vendors will request information from you (such as your Social Security number or date of birth) to proce

"Faced with increasing pressure from Washington, the Interactive Advertising Bureau launched a public service campaign on Thursday aimed at educating consumers about behavioral targeting. The online campaign, created pro bono by WPP's Schematic, features rich media banner ads with copy like "Advertising is creepy" and "Hey, this banner can tell where you live. Mind if we come over and sell you stuff?" More than one dozen publishers -- including Microsoft, Google's YouTube, and AOL -- have committed to donate a combined 500 million impressions for the initiative. The campaign comes as policymakers are questioning whether data collection by marketers violates consumers' privacy. Rep. Rick Boucher (D-Va.) has said he plans to introduce a bill that could require Web companies to notify users about online ad targeting, and in some circumstances, obtain their explicit consent. In addition, the Federal Trade Commission has criticized the industry for using dense privacy policies to inform people about behavioral targeting, or tracking people online and sending them ads based on sites visited. In a meeting with reporters Thursday morning, IAB President and CEO Randall Rothenberg said one goal of the campaign is to address regulators' concerns that consumers don't understand behavioral advertising. "

Despite the recent revelations - and subsequent Congressional hearings - about the use (and misuse) of personal data by companies doing business on the Internet, companies aren't about to stop collecting and trying to use it to improve their results. And why should they, when the more data companies use, the better their chances of selling you more products and services, at better returns? According to Sandy Pentland, a professor at MIT's Media Lab, the best chance people may have of controlling their data online is a modern version of "if you can't beat them, join them."

If done artfully and well, mobile media and technology is capable of reversing a century-old model of selling -- where salespeople went to people's homes or waited for interested consumers to come to them. In some ways, mobile replaces the traveling and in-store salesmen with the newer (albeit slightly creepy) model of the "following salesman."

You're watching Jon Stewart's "The Daily Show," when suddenly you see a commercial for the Mustang convertible you've been eyeing - with a special promotion from Ford, which knows you just ended your car lease. A button pops up on the screen. You click it with the remote and are asked whether you want more information about the car. You respond "yes." Days later, an information packet arrives at your home, the address on file with your cable company. This is the future of cable TV advertising: personal and targeted. Cable TV operators are taking a page from online advertising behemoths like Google Inc. to bring these so-called "addressable" ads onto the television. "It hasn't really been done on TV before," said Mike Eason, chief data officer of Canoe Ventures, a group formed by the nation's six largest cable operators to launch targeted and interactive ads on a national platform starting this summer. They're betting they can even one-up online ads because they also offer a full-screen experience - a car commercial plays much better on your TV than on your PC. As such, they hope to charge advertisers more. The stakes are high: Cable companies get only a small portion of the $182 billion North American advertising market. Eason said the cable operators, which sell local ads on networks like Comedy Central, get roughly 10 percent of the commercial time on those channels. With targeting, they are hoping to expand that. But they have to tread carefully. Privacy advocates worry the practice opens the door to unwanted tracking of viewing habits so ads can target consumers' likes or dislikes. They also fear it could lead to discrimination, such as poorer households getting ads for the worst auto-financing deals because they are deemed credit risks. "You've got to tell people you're doing it and you've got to give people a way to say no," said Pam Dixon, executive director of World Privacy Forum in Carlsbad, Calif. "Otherwise, it's just not fair."

Data security represents both a new market opportunity to sell insurance coverage and a new risk - especially for independent insurance agencies that may not be compliant with data security laws or have plans in place to protect their own companies from data breaches. While data security is an evolving issue, failing to protect data can have a huge financial impact on a company. The average total per-incident cost of a data security breach was $6.65 million, compared to an average per-incident cost of $6.3 million in 2007, according to the "U.S. Cost of Data Breach Study" conducted by data protection company PGP Corp. and information management research firm The Ponemon Institute. The PGP/Ponemon study indicated that data breach incidents cost U.S. companies $202 per compromised customer record in 2008, meaning that companies incur additional costs with an abnormal churn in lost customers. More than 84 percent of data breach cases in 2008 involved organizations that had more than one data breach. And, more than 88 percent of all cases in the study involved insider negligence. The cost of lost business continued to be the most costly effect of a breach, averaging $4.59 million or $139 per record compromised. Lost business now accounts for 69 percent of data breach costs, up from 65 percent in 2007, compared to 54 percent in the 2006 study. "After four years of conducting this study, one thing remains constant: U.S. businesses continue to pay dearly for having a data breach," said Dr. Larry Ponemon, chairman and founder of The Ponemon Institute. "As costs only continue to rise, companies must remain on guard or face losing valuable customers in this unpredictable economy." Includes video: Data Security Creating Insurance Agent Sales Opportunities

As the impact of digital advertising on consumer privacy comes under scrutiny, AT&T is taking a stance in support of stricter standards. Rep. Rick Boucher (D., Va.), chairman of the subcommittee, said in an interview Wednesday that a statute is needed to regulate how companies collect, share and use data on consumers' behavior in targeting online advertising. While ad targeting on the Web has been at the forefront of privacy advocates' concerns, worries are growing about other media, ranging from mobile phones to emerging TV technologies. To sell marketers targeted ads, technology and media companies collect data about customers, ranging from the Web sites they visit to the neighborhoods they live in to the TV shows they watch. Marketers often will pay a premium for this form of advertising because it allows them to show their ads to consumers who are likelier to buy their products or services. "Pitfalls arise because behavioral advertising in its current forms is largely invisible to consumers," says Dorothy Attwood, AT&T's senior vice president of public policy and chief privacy officer, in prepared testimony she is expected to deliver at the hearing of the House Subcommittee on Communications, Technology and the Internet. Her statement says consumers don't fully understand that their online activity is used to create detailed profiles of them. Internet and other media companies say the data they use to target ads are anonymous and can't be traced to individual consumers. AT&T plans to argue that consumers should have "full and complete" notice of what information is collected about them and how it is used and protected, and should have tools that let them determine whether their Web activities are being tracked. The company says it won't use consumer information for online behavioral advertising unless it first obtains consent from the consumers involved. AT&T's stance contrasts with the position taken by most big Internet companies and industry trade grou