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The US government has now adopted a policy of fostering the adoption of electronic medical records (EMR). The policy is intended to increase the efficiency of the US healthcare system, thereby lowering costs and reducing the incidence of preventable errors. At the same time, through its The Health Insurance Portability and Accountability Act (HIPAA) privacy rules, the government has set minimum standards for the security of those records. These two goals-privacy and security of these records, along with their free interchange among medical providers-can easily wind up at odds with each other. A recent study that looked at the role of state privacy laws in EMR adoption suggests that the problem is very real, as state privacy laws seem to inhibit the use of EMR by hospitals located there. The authors, based at MIT and the University of Virginia, line up a variety of data that validate their suggestion that privacy and the use of EMR may require a careful balance. So, for example, they cite some highly publicized lapses when it comes to the maintenance of patient privacy: someone once offered the records of 200,000 patients for sale on Craigslist, while hospitals have seen their own employees attempt to get at the electronic files of famous patients. Perhaps more significantly, the authors suggest that the public, as represented by their legislators, has concerns about the privacy of EMR. They found that states that have passed their own privacy laws to supplement the HIPAA rules tend to have a higher percentage of their populace signed up for the Do Not Call Registry, indicating a corresponding individual-level interest in maintaining privacy. So, they looked at whether these laws had any impact on the adoption of EMR by hospitals located in each state.

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More consumers are growing comfortable with online behavioral targeting, perhaps as a result of an increase in familiarity, but the majority remain uneasy with the practice. That's according to a new study conducted by TNS on behalf of the privacy group Truste. For the study, consumers were asked whether they agreed or disagreed with the statement: "I am comfortable with advertisers using my browsing history to serve me relevant ads, as long as that information cannot be tied to my name or any other personal information." Twenty-eight percent of respondents agreed, up from 24% who agreed when the same study was conducted last year. At the same time, 51% said they disagreed that they were comfortable with anonymous behavioral targeting. While that figure represents a slim majority, it's down from last year, when 57% of respondents said they disagreed. At the same time, more respondents than in the past now say they delete cookies. Almost half--48% of survey respondents--said they erase cookies at least weekly, up from 42% last year. It's not clear how much overlap there is between the respondents that regularly delete cookies and those who say they're uncomfortable with behavioral targeting. Colin O'Malley, vice president of strategic business at Truste, attributed the increase in the proportion of consumers who said they were comfortable with behavioral targeting to increased publicity over the issue. He said the recent attention to the issue in the mainstream media has helped to increase transparency. He added that the increased cookie erasures showed that consumers want to be able to manage their experience. "Cookie deletion is just one more indication that consumers are seeking tools to increase their level of control," he said.

Purdue University last month reported its seventh data breach in the past four years. But Purdue is hardly alone. According to my records, over 300 publicized privacy incidents have occurred at U.S. institutions of higher learning since 2001, with at least 53 colleges and universities experiencing multiple breaches (see table at end of article). The regular stream of university data-breach reports has prompted Adam Dodge, assistant director for information security at Eastern Illinois University, to devote a blog - Educational Security Incidents - to the topic. When I last covered the issue four years ago (see "Security breaches challenge academia's 'open society' "), universities were the leading sector for publicized breaches. The same is true today. What's going on? Why haven't things changed? John Correlli of Los Angeles-based JMC Privacy Consulting Group has some answers. Correlli recently published a detailed analysis of the topic, "Breaches in the Academia Sector." Correlli identifies the top three root causes of university breaches: unauthorized access, usually inside jobs; accidental online exposures; and stolen laptops. "Privacy governance in academia is far too frequently thrown into the laps of the IT folks, who are then told, implicitly or explicitly, that privacy isn't a priority until it's a problem," Correlli told me.

Parents of 18,541 Metro Nashville students will receive letters next week outlining a security breach that put their children's Social Security numbers online for three months. Advertisement Boston-based Public Consulting Group Inc., which holds a five-year, $2.6-million-a-year contract with the state to collect student data from various districts, corrected the error March 31 after a parent using Google to search her daughter's name found it - along with personal data for the students and 6,000 parent names. Art Staehling learned Wednesday that his teenage daughter was on the list and said he's concerned what could happen to her identity. "I find it hard to believe that an established company had a problem of this magnitude," Staehling said. The consulting group will pay for parents of affected children to check all family members' credit reports through Experian and for a year of monitoring. One of the group's owners, Stephen Skinner, said the error happened when workers running a test Dec. 28 on random student data inadvertently stored a file to an insecure directory. They discovered the error March 5 and took down the file, which contained student names, gender, race or ethnicity, date of birth, Social Security number and, in some cases, parent names. But they were unaware Google's search engine had already found the file and indexed it. That's how the parent, who is also a Metro schools employee, found out about the breach weeks later. Public Consulting Group worked with Google to take the information down.

Laws in Canada and other countries are increasingly helping technology force people to identify themselves where they never had to before, threatening privacy that allows people to function effectively in society, a new study has found. "What we're starting to see is a move toward making people more and more identifiable," University of Ottawa law professor Ian Kerr said Wednesday. His comments followed the launch of Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society, a book summing up the study's findings, at a public reading in downtown Ottawa hosted jointly with the Privacy Commissioner of Canada. Kerr led the study with University of Ottawa criminology professor Valerie Steeves. They collaborated with 35 other researchers in Canada, the U.S., the U.K., the Netherlands and Italy. The researchers reported that governments are choosing laws that require people to identify themselves and are lowering judicial thresholds defining when identity information must be disclosed to law enforcement officials. That is allowing the wider use of new technologies capable of making people identifiable, including smartcards, security cameras, GPS, tracking cookies and DNA sequencing. Consequently, governments and corporations are able to do things like: * Embrace technologies such as radio frequency identification tags that can be used to track people and merchandise to analyze behaviour. * Boost video surveillance in public places. * Pressure companies such as internet service providers to collect and maintain records of identification information about their customers. While Canada, the U.K., the Netherlands and Italy all have national laws protecting privacy - that is, laws that allow citizens to control access to their personal data - such legal protection does not exist for anonymity, Kerr said. "Canada is quite similar [to other countries] with respect to anonymity. Namely, it's shrinking here just as it is there.

Social networking phenomenon Facebook has beaten out arch-rival and former market leader MySpace by most measures of popularity, except the one that pays the bills. While Facebook has outpaced MySpace in bringing in members - it has 175 million active users at the latest count, compared with around 130 million for MySpace - it has struggled make money from them. While MySpace is closing in on $1 billion in revenues, Facebook generated less than $300 million in sales last year, reports say. Indeed, Facebook's efforts to drum up revenue have led to it repeatedly becoming the target of some of the biggest online privacy protests on the Web. Its most recent fight earlier this month followed Facebook's attempt to redefine its own rules and assert ownership over anything its members posted on the site. The company has since backed off and is rethinking its policies. Why hasn't Facebook benefited from the vaunted "network effect" that makes such services more valuable the more its adds members and connections between them? After all, Facebook is spreading quickly in nearly 100 languages, while MySpace has focused on the United States and five other markets where Web advertising flourishes. The answer may lie in the origins of the five-year-old site started by then Harvard University student Mark Zuckerberg. Its appeal at the outset was that it was a place where users could share tidbits of their personal lives with selected friends and acquaintances. This blurred the distinction between a private space and a public one. MySpace is more explicitly a public place where friends hang out in the equivalent of a cafe or a club and the aim is often to meet new people. Most of all, MySpace is a place to share music with other fans.

One of the more interesting panel discussions at the IDC Cloud Computing Forum on Feb 18th in San Francisco was about managing the complexities of security, privacy and compliance in the Cloud. The simple answer according to panelists Carolyn Lawson, CIO of California Public Utilities Commission, and Michael Mucha, CISO of Stanford Hospital and Clinics is "it ain't easy!" "Both of us, in government and in health, are on the front-lines," Lawson proclaimed. "Article 1 of the California Constitution guarantees an individual's right to privacy and if I violate that I've violated a public trust. That's a level of responsibility that most computer security people don't have to face. If I violate that trust I can end up in jail or hauled before the legislature," she said. "Of course, these days with the turmoil in the legislature, she joked, "the former may be preferable to the later." Stanford's Mucha said that his security infrastructure was built on a two-tiered approach using identity management and enterprise access control. Mucha said that the movement to computerize heath records nationwide was moving along in fits and starts, as shown by proposed systems likeMicrosoft (NSDQ: MSFT)'s Health Vault and Google (NSDQ: GOOG)'s Personal Health Record. "The key problem is who is going to pay for the computerized of health records. It's not as much of a problem at Stanford as it is at a lot of smaller hospitals, but it's still a huge problem." Mucha said that from his perspective security service providers in the cloud and elsewhere are dealing with a shrinking security parameter or fence, which is progressing from filing cabinets, to devices, to files, and finally to the individual, who under the latest Health Insurance Portability and Accountability Act (HIPAA) privacy rules has certain rights, including rights to access and amend their health information and to obtain a record of when and why their Protected Health Information (PHI) record has bee

Mixed receptionThe state hopes changes to Massachusetts' data privacy regulation plan will calm business community fears over the cost of the new controls, but watchers of the process say the government may have made things worse. One thing seems certain: the recent changes aren't likely to be the last word on regulating sensitive data in the Bay State. The regulations mandate all "personal information" belonging to Massachusetts residents be encrypted whenever it is stored on portable devices, transmitted wirelessly or shared on public networks. Changes enacted just in time to beat a deadline of Thursday, Feb. 12, pushed the effective date back eight months, from May 1 to Jan. 1, 2010. They also removed a requirement that businesses certify third-party vendors' compliance. The latter move was aimed to address an issue raised in a public hearing with business leaders held Jan. 15 at the State House. The change was designed to make the third-party regulations more adaptable to companies of various sizes and business models, said Massachusetts Consumer Affairs undersecretary Daniel Crane.

Exactly one week after the Heartland Payment Systems (HPY) breach was first announced to the public, the first lawsuit has been filed against the payments processor. The class action lawsuit filed Tuesday by Chimicles & Tilellis LLP of Haverford, PA in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Cooper, asserts that Heartland "made unreasonably belated and inaccurate statements concerning the breach." The complaint says Heartland does not appear to be offering any credit monitoring services or other relief to consumers affected by the breach. Chimicles & Tilellis' complaint also says in addition to the questionable timing of the announcement of its breach, (Read Heartland Class Action suit PDF) "there are materially misleading statements and omissions in Heartland's public description of the breach and its consequences." Heartland announced the breach in a press release on the same morning of President Barack Obama's inauguration. The law firm says it is suing on behalf of consumers whose sensitive financial information was compromised in the data breach at Heartland. The complaint raises a claim pursuant to the New Jersey Consumer Fraud Act, and asserts causes of action for negligence, breach of implied contract, breach of contracts to which Plaintiffs and Class members were intended third party beneficiaries, breach of fiduciary duty, and negligence. The payments processor did not disclose how many credit card account numbers were compromised as a result of the breach. Heartland is the fifth largest payment processor in the country and handles 100 million transactions per month for more than 250,000 small retailers, gas stations, restaurants and other small and midsized companies. The suit also states that Heartland only became aware of the breach after it was notified of patterns of fraudulent credit card activity by VISA and MasterCard. "Analysts have stated that the fact that Heartland did not detect th

During the past decade, rapid developments in information and communications technology have transformed key social, commercial, and political realities. Within that same time period, working at something less than Internet speed, much of the academic and policy debate arising from these new and emerging technologies has been fragmented. There have been few examples of interdisciplinary dialogue about the importance and impact of anonymity and privacy in a networked society. Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society fills that gap, and examines key questions about anonymity, privacy, and identity in an environment that increasingly automates the collection of personal information and relies upon surveillance to promote private and public sector goals. This book has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers, and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes. The book is available for download under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Canada License by chapter below. Hard copies are available for purchase at Amazon & at Oxford University Press.

Some consumers say they like the way Internet retailers will suggest new purchases to them based on what they've bought previously. Others feel creeped out when a banner ad seems to know a bit too much about their Web surfing habits. It's called behavioral advertising, and it's central to the business success of all manner of Internet commerce, from bookstores to newspapers. The practice needs regulation, says Rep. Rick Boucher , the Virginia Democrat who chairs the House Energy and Commerce Subcommittee on Communications, Technology and the Internet. Boucher says legislation to protect consumer privacy online will spur people to surf more. But Internet advertising companies are not happy about regulation, especially because Boucher's plan would require, in some cases, that consumers agree in advance before their surfing habits could be tracked. Such an approach "would really be a sea change in the U.S. regulatory framework," says Mike Zaneis, vice president for public policy at the Interactive Advertising Bureau. Virtually all consumer protection laws, he says, permit people to opt out of solicitation, for instance, with a "do not call" registry. For the Internet, Congress has done almost nothing. "To suddenly move toward a draconian opt-in standard," he says, "would really be damaging not just to businesses but consumers." Zaneis, whose group includes such news heavyweights as the New York Times Co. and Conde Nast Publications, says now is not the time to upend Internet companies' business models, right when the economy is in the tank and print advertising is drying up. He argues further that new Web browsers make the issue moot by giving consumers the ability to easily block the electronic "cookies" that track their online movements. The issue promises to be a lobbying extravaganza. Last year, when the Federal Trade Commission (FTC) was developing self-regulatory guidelines for Web companies engaging in behavioral advertising, it

Google will unveil new privacy measures today that will give consumers more control over behavioral targeting. Now, when Google serves banner ads on outside publishers' sites, the ads will include links that provide more information explaining why they were served. Clicking through will lead to details about the company's behavioral advertising program, which categorizes consumers as interested in particular types of goods or services based on the sites they visited. The program is only in beta for now, but once Google signs up publishers, consumers will be able to view the categories they have been placed in--such as "interested in travel"--and also tell Google to remove them from whatever buckets they wish. Consumers also will be able to opt out of the program permanently via a browser plug-in. Or, if people want to receive ads for certain types of products, they can edit their profiles to reflect that--in effect, opting in to particular types of ads. Google's new measures come at a time when online behavioral targeting is facing increased scrutiny. Last month, two Federal Trade Commissioners warned that the online advertising industry could face new laws if it didn't take steps to self-regulate on privacy issues. Recently, Google rival Yahoo announced enhancements to its privacy policies. Among other changes, Yahoo said it would allow consumers to opt out of behavioral targeting on its own site. Google's move drew praise from the Interactive Advertising Bureau's Mike Zaneis, vice president for public policy. "It's really a consumer empowerment tool, which is great," he said. "It's one more example of how industry is competing on the privacy issue, to the benefit of consumers--and also to the benefit of businesses."

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.

A surprise legal maneuver by the defense in the Sarah Palin hacking case could undermine key charges carrying the stiffest potential penalties. A lawyer for the Tennessee college student charged with hacking into the Alaska governor's Yahoo e-mail account last year says his client couldn't have violated Palin's privacy because a judge had already declared her e-mails a matter of public record. "He's not suggesting that e-mail can't be private," says Mark Rasch, a former Justice Department cybercrime prosecutor. "He's saying this particular e-mail was not private or personal because of who she is and because it wasn't intimate communication. " Additionally, photos that 20-year-old David Kernell allegedly obtained of Palin and her family were not private since the Palins are "the subjects of untold numbers of photo-ops," the lawyer argued last week, in one of a slew of motions and memorandums attacking the government's four-count federal indictment against Kernell.

Creative lawyer. The kid is still stupid. To me, It says more that Palin didn't get in trouble for using a public web mail account for State business. The kid who reads her email is on trial? What a country.

Consumers, who become victims of identity theft through access to public records, do not have a clue as to how they became a victim. They cannot know unless the fraudster who "legally accessed" the public information is caught and confesses that they used or sold the information for identity theft. Most often end users of stolen identities are caught, not the kingpins. Illegal immigrants who purchase identities on the street sometimes for hundreds of dollars do not know the source. * What can an identity thief do with a name and SSN? Here is a short list. * Make a fake Social Security Card (see image below) * Make a fake Medicare Card and get medical treatment and Medicare benefits * Use the fake Social Security Card to get a driver's license or passport * Get a job and government benefits. * Get credit and open new financial accounts * Get housing, utilities and phone service * Get insurance * Thieves use fake ID to elude law enforcement by pretending they are you.

The Kaiser Permanente hospital in Bellflower has been hit with a $187,500 fine for failing for a second time to prevent unauthorized access to confidential patient information, state pubic health officials said today. [Updated at 3 p.m.: A spokesman for the hospital said the fine was part of the ongoing investigation into employees improperly accessing the medical records of Nadya Suleman and her children. Disciplinary action has been taken against the employees, said Jim Anderson, a hospital spokesman. All the incidents occurred in January; a previous post said they had occurred in April and May.] State officials said Kaiser Permanente Bellflower Medical Center compromised the privacy of four patients when eight employees improperly accessed records. This is the second penalty against the hospital, officials said. The hospital was fined $250,000 in May for failing to keep employees from snooping in the medical records of Nadya Suleman, the woman who set off a media frenzy after giving birth to octuplets in January. The fine was the first penalty imposed and largest allowed under a new state law enacted last year after the widely publicized violations of privacy at UCLA Medical Center involving Farrah Fawcett, Britney Spears, California First Lady Maria Shriver and other celebrities. "We are very concerned with violations of patient confidentiality and their potential harm to the residents of California," said Dr. Mark Horton, director of the California Department of Public Health. "Medical privacy is a fundamental right and a critical component of quality medical care in California."

You have an unlisted phone number, you guard your personal information, you shred your financial papers- so everything is private and safe, right? Would you be alarmed to know that even when you think things are private, a perfect stranger can look you up online, see your address, birth date, past addresses, and even see a photo of your home, down to the detail of your child's play set out in the back yard? Alarmed yet? You should be. Take a look at this website: www.zabasearch.com. Simply plug your name in, and you are likely to be surprised, and probably a bit distressed to see all the information that is readily available online. How could this happen? Easy. Virtually every major change in your life is recorded somewhere in a government document. When you are born, a birth certificate is issued. When you obtain a driver's license, get married, buy a house, file a lawsuit ' all of these events are recorded in public documents easily available to you and to others. Government records are intentionally public in order to enable citizens to monitor the government and to ensure accountability in our society. The challenge is to balance the public's right to information with the individual's right to privacy.

The offshoring of business processes has become increasingly popular. Fueled by advancements in technology, the benefits of offshoring are primarily attributable to the savings from lower personnel costs at foreign locations. According to the Global Financial Services Offshoring Report 2007 by Deloitte & Touche U.SA LLP, over 75% of major financial institutions report offshoring a portion of their operations. Some economists estimate that up to one-third of total U.S. employment in services may ultimately be offshored (Steve Lohr, "At IBM, a Smarter Way to Outsource," The New York Times, July 5, 2007). Offshore entities often operate in developing countries such as India, China, Pakistan, the Philippines, and Vietnam. The offshoring of business processes generally takes two forms: outsourcing to an unaffiliated offshore entity (offshore outsourcing), or ownership and operation of an affiliated offshore entity (AOE). Many multinational companies have AOEs. For example, Accenture has more employees in India than in the United States; IBM is projected to have more than one-quarter of its workforce in India by 2010; and companies like General Electric, Eli Lilly, Google, and Microsoft are expanding their R&D centers in India and China (House Committee on Science and Technology, June 12, 2002). Offshoring and the Auditing Profession The potential benefits of offshoring have not been ignored by the accounting profession. In past years, several large public accounting firms began using AOEs to perform certain nonaudit procedures for their U.S.-based clients. For example, Ernst & Young uses AOE employees to prepare client tax returns (Vanessa Houlder, "E &Y Sends Compliance Work Offshore," Financial Times, July 11, 2007), and a number of accounting firms use AOEs to print documents for delivery to clients. The largest international public accounting firms have recendy begun testing the offshoring of certain auditing procedures on very large U.S. audit engagements to thei

Guess what? That unlocked rant you put on your MySpace profile is open to the public and can be seen by anyone with a computer. Imagine that! Cynthia Moreno learned this the hard way. A judge ruled earlier this month that it was not an invasion of her privacy when a local newspaper published a rant pulled from her MySpace blog. After a visit to her hometown of Coalinga, Calif., college student Moreno penned a 700-word blog entry titled "An Ode to Coalinga" that opened with "the older I get, the more I realize how much I despise Coalinga." Moreno subsequently deleted the blog entry, but Roger Campbell, principal of Coalinga High School, discovered it before the deletion and handed it over to his friend Pamela Pond, editor of the Coalinga Record newspaper. Pond then published the rant in its entirety as a letter to the editor, printing Cynthia's full name. The Moreno family was met with death threats and shots were fired outside their home. Cynthia's father David was forced to close his 20-year-old family business, and the family moved to another town. The family sued the newspaper and the Coalinga-Huron Unified School District for invasion of privacy and infliction of emotional distress. The case against the newspaper was dismissed on free speech grounds, but the case against Campbell and the school district was allowed to proceed. Campbell did not violate Moreno's rights when he handed over her rant to Pond because Moreno's blog entry was published on the Internet and available for anyone to see, according to the Superior Court of Fresno County.

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu