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For most insurers, business intelligence means point solutions at best. But those carriers that weave analytics into the fabric of their organizations are equipped to drive more precision in pricing and greater profitability to the bottom line. For businesses that run on the analysis of information, insurers have proven notably reluctant to apply business intelligence (BI) and analytic technologies to risk management at both the corporate strategic level and in the front lines of underwriting. For a variety of reasons, enterprise risk management (ERM) solutions have been talked about far more than implemented, and BI and predictive analytics generally have been applied haphazardly or piecemeal, if at all. The financial crisis, however, has heightened interest in risk management technologies, owing to senior executives' fears of disastrous overexposure to risk. Their concerns are legitimate, but for insurance more than any other financial services sector, risk also is opportunity, and BI should be utilized more as a competitive weapon than a defensive shield. As insurance has become commoditized and investment returns have become less reliable, carriers' ability to more precisely analyze and underwrite risks can be a key source of competitive differentiation.

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New Englanders have a reputation for being taciturn, but when it comes to data Massachusetts takes the cake. No state loves its privacy more than the Bay State, which last year passed the nation's most exacting data privacy law, requiring companies to check off a honey-do list of steps designed to protect personal data belonging to commonwealth residents. Connecticut and Rhode Island preceded Massachusetts in joining the minority of states that have enacted proactive data privacy laws, requiring businesses to protect information like Social Security and credit card numbers. Maine, Vermont and New Hampshire, like nearly all states, have only reactive data laws, requiring companies to take certain steps - like reporting a breach to authorities - after data has been compromised. Rhode Island's law, passed in 2006, requires businesses that own or license Rhode Islanders' personal information to "provide reasonable security" for that data. Connecticut's law, passed shortly before Massachusetts enacted data privacy legislation last summer, requires businesses to create and publicly display a data protection policy, but does not specify what that policy should entail. The Connecticut and Rhode Island laws stop far short of the controversial requirements in Massachusetts, where new regulations are scheduled to take effect by January 2010. "They're not technically one-liners, but they're very general," Goodwin Procter LLP partner David Goldstone said of the Connecticut and Rhode Island statutes, which are similar to laws passed in Texas and California. "Essentially they say companies have to have reasonable protections in place."

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A former Miss West Virginia has won a $7.2 (NZ$12.6) million verdict against nine internet companies that tried to sell pornographic videos they falsely claimed featured her. A jury in US District Court in Clarksburg on Wednesday ordered each defendants to pay Allison Williams $800,000 for damaging the 2003 beauty queen's reputation and invading her privacy. Williams' attorney is appealing US District Judge Irene M. Kelley's decision to dismiss 28 other defendants in the United States, Australia, the Netherlands, Belgium, Cayman Islands, Canada and South Africa that allegedly took part in distributing the bogus videos. The videos surfaced in the fall of 2004. The videos show a woman that they claim to be, but isn't Williams, engaged in sex in the back of a television news truck.

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Two high school girls are suing their local District Attorney after he threatened to file child sex abuse charges against them over a cellphone photo of themselves in their bras. Marissa Miller and Grace Kelly, both now 15, were 13 when the picture was taken at a slumber party. It is believed to show the two friends from the waist up, both wearing bras. Several of their classmates had a copy of the photo stored on their cellphone, thanks to a craze called 'Sexting', where provocative cellphone images are exchanged between young people. The girls both attend Tunkhannock Area High School, Pa. The image in question found its way to District Attorney George P. Skumanick of Wyoming County after it was discovered on one student's confiscated cellphone. Skumanick was indignant enough to threaten all of those involved - either because they were found to be in possession of the image or because they were identified from the photo - with child sex abuse charges if they did not attend a ten hour class on pornography and sexual violence. Such charges, if filed, could lead to jail time as well as potentially having to register as a sex offender for anyone convicted. Seventeen other students accepted the 'deal' and agreed to go on the course. The parents of Marissa, Grace, and one other girl, however, felt that the threat from the DA was over-zealous and are fighting back. With the help of the American Civil Liberties Union, they have filed suit against Skumanick in federal court in Scranton, Pa. The lawsuit asks the court to prevent Skumanick from filing charges against them, arguing that they had a right under the first and fourth amendments to refuse his deal and contending that his threat of sexual abuse charges was retaliatory in nature.

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Next week, the White House will launch a blog to discuss the Obama administration's open government initiative. In a nod to openness and citizen participation in government, the administration also plans to soon open White House blogs to public comments. In a speech to an annual National Archives and Records Administration conference, Beth Noveck, deputy CTO of the open government initiative at the Office of Science and Technology, asserted that the Obama administration continues to make strides toward opening up the government's data and operations to public scrutiny.

Open government? America might just have to learn to read again.

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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"Legislation, which now moves to the Senate, requires data brokers to provide nationwide notice for certain data breaches and allows consumers to verify and to correct information held on them by data brokers. The U.S. House of Representatives approved legislation Dec. 8 requiring data brokers to establish procedures to verify the accuracy of information that identifies individuals in their databases and to allow consumers to access and request correction of incorrect information. The Data Accountability and Trust Act, approved on a voice vote, would also require data brokers to provide nationwide notice in the event of certain security breaches. The legislation now moves to the U.S. Senate."

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

A National Security Agency eavesdropping program exceeded legal limits intended to safeguard privacy, and officials have taken steps to bring the intercepts program into compliance, the Justice Department said Wednesday. The department, in a statement, said problems with the NSA program were uncovered as the Justice Department and National Security Agency were conducting routine oversight of intelligence activities to ensure compliance with laws and court orders. Attorney General Eric Holder has sought court approval to renew the NSA program after instituting new safeguards. The House intelligence committee was informed of the compliance issues and is conducting an inquiry, a House congressional official said. The New York Times on Wednesday reported on its Web site that the program intercepted private email messages and phone calls of Americans. However, intelligence officials have described the program as primarily searching for information based on data about communications, such as email addresses, subject headers and the time a message or phone call was placed. The Justice Department said officials notified the Foreign Intelligence Surveillance Court of the problems with the NSA program and took "comprehensive steps" to correct the matter. "The Justice Department takes its national security oversight responsibilities seriously and works diligently to ensure that surveillance under established legal authorities complies with the nation's laws, regulations and policies, including those designed to protect privacy interests and civil liberties," the department said.

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The Senate and House appear headed for a clash over competing visions of how to protect the privacy of patients' electronic medical records, with the House favoring strict protections advocated by consumer groups while the Senate is poised to endorse more limited safeguards urged by business interests. President Obama has called creation of a nationwide system of electronic medical records fundamental to health-care reform, and both chambers of Congress have included about $20 billion to jump-start the initiative as part of their stimulus bills. But as with much in the stimulus package, it is not just the money but the accompanying provisions that groups are trying to influence. The effort to speed adoption of health information technology has become the focus of an intense lobbying battle fueled by health-care and drug-industry interests that have spent hundreds of millions of dollars on lobbying and tens of millions more on campaign contributions over the past two years, much of it shifting to the Democrats since they took control of Congress. At the heart of the debate is how to strike a balance between protecting patient privacy and expanding the health industry's access to vast and growing databases of information on the health status and medical care of every American. Insurers and providers say the House's proposed protections would hobble efforts to improve the quality and efficiency of health care, but privacy advocates fear that the industry would use the personal data to discriminate against patients in employment and health care as well as to market the information, often through third parties, to generate profits.

The advertiser's dream of sending a particular commercial to a specific consumer is one step closer to reality as Cablevision Systems plans to announce the largest project yet using targeted advertising on television. Beginning with 500,000 homes in Brooklyn, the Bronx and some New Jersey areas, Cablevision will use its targeting technology to route ads to specific households based on data about income, ethnicity, gender or whether the homeowner has children or pets. The technology requires no hardware or installation in a subscriber's home, so viewers may not realize they are seeing ads different from a neighbor's. But during the same show, a 50-something male may see an ad for, say, high-end speakers from Best Buy, while his neighbors with children may see one for a Best Buy video game. "We have, as an industry, been talking about this since the beginning of time," said Matt Seiler, the global chief executive of the media firm Universal McCann, a part of the Interpublic Group. "Now we've got it in 500,000 households. This is real." The potential of customized ads worries some privacy advocates, despite the assurance of cable companies that they maintain anonymity about the households. "We don't have an objection to advertising that is targeted to demographics," said Marc Rotenberg, the executive director of the Electronic Privacy Information Center, a civil liberties group in Washington. But, he said, there is a need to show "that they can't be reverse-engineered to find the names of individuals that were watching particular shows." Cablevision says it segments its subscribers only by demographics, so that an advertiser can divide ads among various groups: General Motors, for example, could send an ad for a Cadillac Escalade to high-income houses, a Chevrolet to low-income houses, and one in Spanish to Hispanic consumers. Cablevision matches households to demographic data to divide its customers, using the data-collection compa

The team that ran the most technologically advanced presidential campaign in modern history is finding it difficult to adapt that model to government. WhiteHouse.gov, envisioned as the primary vehicle for President Obama to communicate with the online masses, has been overwhelmed by challenges that staffers did not foresee and technological problems they have yet to solve. Obama, for example, would like to send out mass e-mail updates on presidential initiatives, but the White House does not have the technology in place to do so. The same goes for text messaging, another campaign staple. Beyond the technological upgrades needed to enable text broadcasts, there are security and privacy rules to sort out involving the collection of cellphone numbers, according to Obama aides, who acknowledge being caught off guard by the strictures of government bureaucracy. "This is uncharted territory," said Macon Phillips, White House director of new media, which was a midlevel position in previous administrations but has been boosted by Obama to a "special assistant to the president."

Patients' advocates claimed victory in a battle over the privacy of health records as the U.S. Congress approved the economic stimulus bill, which contains $19 billion for health-care information. U.S. House and Senate negotiators' compromise reflects stricter standards that privacy advocates wanted for marketing, selling and disclosing health data. Both houses approved the $787 billion stimulus plan today and sent it to President Barack Obama for his signature. The legislation contains $2 billion in grants to create a national system of computerized health records and $17 billion in higher Medicare and Medicaid reimbursements for doctors and hospitals to adopt the technology. Electronic records will improve care and reduce costs, Obama said. The legislation also will boost the health-records industry, led by Allscripts-Misys Healthcare Solutions Inc., Quality Systems Inc. and Athenahealth Inc. "We've dramatically improved on the status-quo, wholly unregulated system where private patient data was bought and sold like any commodity," Caroline Fredrickson, director of the American Civil Liberties Union's Washington legislative office, said in an interview today.

Top House and Senate Democrats are working on legislation that would prevent online marketers from sharing Web-surfing information unless Internet users allowed them to. That's according to House Communications, Technology and the Internet Subcommittee chairman Rick Boucher (D.-Va.), who told Multichannel News that such a bill was in the works and was one of his top legislative priorities. The issue of online behavioral marketing has gained traction recently, spurred by privacy concerns and by media companies' need to find new ways for advertisers to reach aggregated audiences at a time of fragmented viewing and multiplying delivery platforms. Boucher's predecessor atop the committee, Rep. Edward Markey (D-Mass.), held a hearing last fall on the issue and helped quash a test by ad-tracking company NebuAd and cable operator Charter Communications. In an interview, Boucher said he was teaming with Reps. Cliff Stearns (R-Fla.), ranking member of his subcommittee, and Joe Barton (R-Texas), ranking full committee member, on a bill that would apply "across the board" to behavioral advertising and data collection by Web sites. "The goal would be to give the Internet user a sense that information about him that is collected by Web sites is well understood by the user, so he has an opportunity to know what is collected," Boucher said. "He would then have an opportunity to act in a way that prevents that Web site using that information to market him personally, and an even broader opportunity to prevent the transfer of that information about him to third parties." Boucher envisions a combination of opt-in and opt-out requirements. "Opt-in would apply where the information is conveyed to third parties," he said, while "opt out would apply where the Web site that collects the information is using that information directly to market the customers from whom it is collected." Center for Digital Democracy executive director Jeff Chester was please

The Payment Card Industry Data Security Standard (PCI DSS) is ineffective and major payment processing infrastructure improvements are needed to secure credit and debit card transactions, lawmakers said Tuesday. The House Subcommittee on Emerging Threats, Cybersecurity, Science, and Technology, part of the House Committee on Homeland Security, held a hearing in Washington, D.C., on Tuesday to examine the effectiveness of PCI DSS. "The bottom line is that if we care about keeping money out of the hands of terrorists and organized criminals, we have to do more, and we have to do it now," said U.S. Rep. Yvette Clarke (D-N.Y.), who chairs the subcommittee. "The payment card industry and issuing banks need to commit to investing in infrastructure upgrades here in the United States." Clarke called on the industry to implement encryption on its credit and debit card processing networks and said the deployment of chip and PIN technology could significantly reduce the amount of stolen payment data. Chip and PIN technology is used in Asia and Europe. The technology replaces the magnetic strip on the back of a card and adds a four-digit personal identification number (PIN) to confirm a payment.

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.

Abortion has long been a misguided litmus test for the Supreme Court - but privacy rights?

Supreme Court nominee Judge Sonia Sotomayor's views on abortion and privacy rights are coming into the spotlight as attention turns to her confirmation. NARAL Pro-Choice America is urging senators to make sure Sotomayor is questioned on Roe v. Wade and privacy rights during her confirmation hearings. President Barack Obama is pro-choice, but Sotomayor's views are not known. The White House was asked yesterday if the president asked Sotomayor about abortion or privacy rights. A spokesman says the president did not specifically ask that question. The discussion comes as supporters and opponents of Sotomayor's nomination are taking their message to the airwaves. A coalition of liberal groups has unveiled a television advertisement in favor of Sotomayor's confirmation touting her extensive resume, while a conservative group calling itself the Judicial Confirmation Network has put out its own ad, charging Sotomayor will push a liberal agenda based on her gender and racial background. The White House is hoping Sotomayor will get the green light before the Senate goes on recess in August. Republicans are signaling they will not delay Sotomayor's confirmation, but will scrutinize her legal philosophy and some of her past decisions as a judge.

Federal authorities are investigating the loss of a computer hard drive containing a huge quantity of personal information from Bill Clinton's presidency in an apparent security breach at a National Archives record center, government officials said Tuesday. Government officials briefed on the matter said the breach, which was confirmed in April, involved the loss of a drive containing a terabyte of computerized data, which could include millions of individual pieces of information, including personal information about one of then Vice President Al Gore's three daughters. The missing information included Social Security numbers and home addresses of numerous people who visited or worked at the White House, along with other material related to security procedures used by the Secret Service at the White House in the Clinton years. The National Archives and Records Administration said Tuesday in a statement that the agency "takes very seriously the loss of an external hard drive that contained copies of electronic storage tapes from the executive office of the president of the Clinton administration."