CIPP Information Privacy & Security News

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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A year ago, we talked about reaching for Terabit Ethernet, the next power-of-10 increase in speed over the state of the art today. Now, researchers have demonstrated one way to do that. In a paper published in the Feb. 16 edition of Optics Express, the researchers detail their approach for de-multiplexing signals at high speeds, claiming that they were able to achieve 640Gbps over fiber-optic lines with no errors. The material they used in the chip is chalcogenide, and Australian researchers were talking about the high-speed networking possibilities of the material last summer. Calling it "just a piece of scratched glass," they said it could potentially be cheap to produce.

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If you've been advertising online for a long time, you may have gone through stages: sticking with banner ads at first, and then going with search engine advertising, and maybe putting your ads on a publisher network belonging to a search engine or an advertising company. Most of the time you probably tried to put your ad in a matching context. That might be the wrong approach. I've written before about behavioral advertising, also known as behavioral targeting. You can read my first article about it here. If the topic of behavioral targeting intrigues you, you might also want to read about behavioral retargeting. Before I plunge into the content and focus of this article, though, let me give you a quick definition. Behavioral advertising is a form of online advertising that follows the user around. For example, a web surfer who has just priced some flights on an airline's website might be shown a travel-related ad when he surfs to the next website in which he's interested, which might be for the local pizza joint. The theory behind behavioral advertising is, in a sense, pretty simple. Most people are bombarded with ads most of the time, especially when web surfing. As a result, we tune them out. Because of the usual advertising practices, we might be better at tuning out ads that are in the same context as the content we're reading. In other words, someone reading content on a web site about where the best ski slopes are just might have completely ignored an ad for your lovely Aspen getaway. To rise above this clamor, it's necessary to hit web surfers with a surprise, something that doesn't fit the normal context. Think about it: aren't you more likely to stare at someone talking into a banana than a cell phone? That's the theory, but it's new enough that researchers and marketers are still doing surveys to prove or disprove it. The most recent one was conducted by BL Labs and released by ad network BlueLithium. You'd probably expect it to

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The European Commission started legal action against Britain on Tuesday for what the EU executive called a failure to keep people's online details confidential. EU Telecoms Commissioner Viviane Reding said the action related to how Internet service providers used Phorm (PHOR.L) technology to send subscribers tailor-made advertisements based on websites visited. Reding said Internet users in Britain had complained about the way the UK applied EU rules on privacy and electronic communications that were meant to prohibit interception and surveillance without the user's consent. "Technologies like Internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules," Reding said in a statement. "We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of the EU rules on the confidentiality of communications," Reding said. She called on Britain to change its national laws to ensure there were proper sanctions to enforce EU confidentiality rules. Unless Britain complies, Reding has the power to issue a final warning before taking the country to the 27-nation EU's top court, the European Court of Justice. If it rules in favour of the European Commission, the court can force Britain to change its laws. (Reporting by Huw Jones, editing by Dale Hudson)

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In a world of increasingly savvy and inter-connected customers, an organization's approach to information privacy may offer precisely the competitive advantage needed to succeed. Privacy is essential to creating an environment that fosters trusting, long-term relationships with existing customers, while attracting opportunity and facilitating the development of new ones. Spend the morning with me and nine privacy leaders from major corporations: Intel; IBM; Sun Microsystems, Inc.; Microsoft; Facebook; HP; Privacy Analytics Inc.; Ontario Lottery and Gaming Corporation; Peratech Limited; and GS1 Canada as they present their latest innovations in Privacy-Enhancing Technologies (PETs). You will appreciate how "Privacy by Design" - embedding PETs into the architecture of new systems - protects privacy, without compromising performance or security - a positive-sum not zero-sum outcome.

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Set of podcasts providing a road map through the 4th Amendment of the Constitution, particularly a 4th Amendment search. Intended to give you a step-by-step approach through the 4th Amendment to the Constitution of the United States as it applies to searches, your expectation of privacy and related issues.

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Times West Virginian FAIRMONT - Two FBI police officers have been charged and one was arraigned Friday morning in Marion County magistrate court after videotaping high school girls who were trying on prom dresses at the Middletown Mall. According to an FBI press release, the two Clarksburg-based employees were charged with criminal invasion of privacy and conspiracy to commit video voyeurism by the Marion County prosecuting attorney's office. Gary Sutton Jr., 40, was charged with criminal invasion of privacy and being a party to a crime. And according to WDTV, a warrant has been issued for Charles Brian Hommema of Buckhannon. The charges stem from an event called the Cinderella Project that took place at the Middletown Mall in Fairmont that gave high school girls the opportunity to buy low-cost prom dresses. The event was sponsored by Hospice Care Corp. for the sixth year in a row and included $25,000 worth of dresses from Oliverio's Bridal Boutique in Clarksburg. The criminal complaint stated that the two men were on duty in the FBI's satellite control room, which coincidentally is located at Middletown Mall. The two allegedly stopped a security camera over a makeshift dressing room that had been set up to allow the girls to try on dresses during the event. The dressing rooms did not have ceilings, and the camera zoomed in and trained its focus on one particular dressing room for more than an hour. Several girls used that dressing room to try on prom dresses. The complaint stated that Sutton and Hommema were the only people in the control room and the only ones able to control the movements of the camera. The alleged activities were detected internally by the FBI and reported to the Department of Justice's Office of the Inspector General, prompting an investigation, according to the FBI release. "The FBI is committed to the timely and full resolution of this matter, but must remain sensitive to the privacy concerns of any potential victims

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U.S. law enforcement officials have expanded their DNA databases to include not only those convicted, but also those arrested but not yet tried. The New York Times reported Saturday the practice has drawn criticism from people who say offenders are presumed innocent. The newspaper said starting this month, the Federal Bureau of Investigation will join 15 states that collect DNA samples from those awaiting trial and will also collect DNA from detained immigrants. The FBI, which already has a DNA database of 6.7 million profiles, expects to add 1.2 million new entries by 2012. "DNA databases were built initially to deal with violent sexual crimes and homicides -- a very limited number of crimes," said Harry Levine, a professor of sociology at City University of New York. "Over time more and more crimes of decreasing severity have been added to the database. Cops and prosecutors like it because it gives everybody more information and creates a new suspect pool." Courts have generally upheld laws authorizing DNA collection from convicts and ex-convicts under supervised release, finding that criminal acts diminish privacy rights.

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In a study that is unlikely to find favor among privacy advocates, researchers from two academic institutions warned that increased efforts to protect the privacy of health data will hamper the adoption of electronic medical records systems. The study, conducted by researchers at MIT and the University of Virginia, said EMR adoption is often slowest in states with strong regulations for safeguarding the privacy of medical records. On average, the number of hospitals deploying EMR systems was up to 30% lower in states where health care providers are forced to comply with strong privacy laws than it was in states with less stringent privacy requirements. That's because privacy rules often made it harder and more expensive for hospitals to exchange and transfer patient information, thereby reducing the value of an EMR system, the study found.

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Heartland Payment Systems, a credit card processor, may have had up to 100 million records exposed to malicious hackers. Payment processors CheckFree and RBS Worldpay, and employment site Monster.com have all reported data breaches in recent months, as have universities and government agencies. Experts at Wharton say that personal data is increasingly a liability for companies, and suggest that part of the solution may be minimizing the customer information these companies keep.

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The European Commission threatened Britain with sanctions on Tuesday for allowing an Internet service provider to use a new advertising technology to track the Web movements of customers. The European telecommunications commissioner, Viviane Reding, said that use of a tracking tool created by Phorm violated European privacy laws. The country's largest service provider, BT, acknowledged last April that it used the tool without customers' consent in 2006 and 2007, Ms. Reding said. "European privacy rules are crystal clear: a person's information can only be used with their prior consent," Ms. Reding said. The case could become a test for the limits of ads that aim at online behavior. Supporters of the practice say it has the potential to transform advertising by allowing marketers to show Internet users only ads that are considered relevant to them, based on their surfing habits.

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Former Booz Allen Hamilton management consultant Melissa Hathaway's much anticipated 60-day review of U.S. cybersecurity policy is scheduled to hit President Obama's desk this Friday. All eyes of the tech security community will be watching. It will signal what approach Obama will take in the complicated task of stemming cyber threats. Obama has said he will make the Internet safer for citizens and businesses, while playing catchup to China and Russia who are far ahead in the cyberwarfare arms race. "We're trying to do cybersecurity in a democracy," says Leslie Harris, President and CEO of the Center for Democracy & Technology. "Doing cybersecurity in China, my guess, is a lot easier." CDT held a press briefing this morning at which it warned that a cybersecurity bill, introduced earlier this month by Sen. John Rockefeller, D-W.Va, and Sen. Olympia Snowe, R-Maine, is the first of several that likely will be proposed once Hathaway's review is out. Harris said CDT agrees with a provision in the Rockefeller-Snowe bill that would create a cabinet-level cybersecurity adviser reporting directly to President Obama, but questions some of the extraordinary federal enforcement powers that could be created. CDT says it doesn't want citizens' civil liberties trampled upon. CDT general counsel Greg Nojeim gave Hathaway high marks for keeping her review process relatively open, in contrast to the Bush administration's penchant for secrecy. "So far the White House review team gets high grades on transparency," Nojeim said. Hathaway has held closed briefings in the past several weeks with Congressional committees, industry groups and privacy organizations, said Nojeim. "But the real test will be whether their recommendations reflect a commitment to transparency in the execution of the program," said Nojeim.

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This is a great time to be in the hard-drive shredding business, as companies scramble to destroy data before the bad guys have a chance to steal it. A look inside the belly of the beast (includes video). September 08, 2008 - CSO - Thanks to all the fear over data security breaches, a computer recycling operation has morphed into something much bigger - and potentially more lucrative - for the Saraiva brothers. That's not to say the nature of their work has changed much. They still make money off of companies looking to unload devices that have outlived their usefulness. They still stuff the gadgetry into a shredder on the back of a truck that reduces it to shrapnel. The difference is they're now part of the fight against data thieves. Their company, Peabody, Mass.-based Corporate Destruction Solutions, is rapidly expanding to accommodate organizations desperate to destroy old hard drives before they can fall into the hands of data thieves. And they're not alone. Several companies in the metal-shredding business confirm a surge in demand for their services in the wake of many highly-publicized data breaches.

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The Federal Trade Commission today announced that it has approved a Federal Register notice seeking public comment on a proposed rule that would require entities to notify consumers when the security of their electronic health information is breached. The American Recovery and Reinvestment Act of 2009 (the Recovery Act) includes provisions to advance the use of health information technology and, at the same time, strengthen privacy and security protections for health information. Among other things, the Recovery Act recognizes that there are new types of Web-based entities that collect or handle consumers' sensitive health information. Some of these entities offer personal health records, which consumers can use as an electronic, individually controlled repository for their medical information. Others provide online applications through which consumers can track and manage different kinds of information in their personal health records. For example, consumers can connect a device such as a pedometer to their computers and upload miles traveled, heart rate, and other data into their personal health records. These innovations have the potential to provide numerous benefits for consumers, which can only be realized if they have confidence that the security and confidentiality of their health information will be maintained. To address these issues, the Recovery Act requires the Department of Health and Human Services to conduct a study and report, in consultation with the FTC, on potential privacy, security, and breach notification requirements for vendors of personal health records and related entities. This study and report must be completed by February 2010. In the interim, the Act requires the Commission to issue a temporary rule requiring these entities to notify consumers if the security of their health information is breached. The proposed rule the Commission is announcing today is the first step in implementing this requirement. In keeping with the Recover

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Wikipedia told the controversial U.K. advertising firm Phorm on Thursday not to spy on Wikipedia's users, saying the company's plan to monitor what sites people visit on the net invaded people's privacy. Wikipedia now joins Amazon.co.uk in opting out of the Big-Brother-esque marketing scheme and creating the possibility of a mass opt-out by the net's largest websites. Phorm wants to pay ISPs -- such as British Telecom -- to let it build marketing profiles of its subscribers by installing boxes inside the ISP that monitor every url users visit and every search they run. Using those profiles, Phorm can charge advertisers high rates to serve targeted ads. But in an email sent Thursday, Wikimedia.org told Phorm not to record anything about urls from domains it controls, ranging from Wikiquotes to Wikipedia -- one of the most popular sites on the net. Phorm operates an opt-out system for sites and ISP customers, but it would be virtually impossible to verify if the company actually complied with such requests. "The Wikimedia Foundation requests that our web sites including Wikipedia.org and all related domains be excluded from scanning by the Phorm / BT Webwise system, as we consider the scanning and profiling of our visitors' behavior by a third party to be an infringement on their privacy," the email read, according to a Wikimedia blog post.

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The Securities and Exchange Commission announced Wednesday that it has reopened the public comment period on a proposal for a model privacy form that financial institutions could use to provide disclosures required by the Gramm-Leach-Bliley Act (GLBA). The commission is reopening the comment period in order to solicit public comment on the results of recent quantitative consumer testing conducted to evaluate the form. In March 2007, pursuant to the Financial Services Regulatory Relief Act of 2006, the SEC, together with seven other federal regulators, proposed a model privacy form designed to allow consumers easily to compare privacy practices of financial institutions. The jointly developed model form uses easily readable type font and is designed to be succinct and comprehensible. Under the proposal, financial institutions that chose to use the model privacy form would satisfy GLBA disclosure requirements and could take advantage of a legal "safe harbor." The SEC has reopened the comment period on the proposal to provide all persons who are interested in this matter an opportunity to comment on the results of the recent testing of the model privacy form.

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As Forrest Gump said, "Stupid is as stupid does." The 2009 Verizon Business data breach investigation report confirmed what the 2008 report revealed -- attackers usually gain a foothold through stupid, basic errors. "In virtually all the cases, we found that lots of the things that were simple and straightforward, had they been deployed, would have stopped the attack," said Peter Tippett, vice president of research and intelligence for Verizon Business Security Solutions. "Simple things like changing the password from the word "password" on the system, those basic errors were somewhere, endlessly; they were everywhere." In fact, the 2009 Verizon Business Data Breach Investigations Report showed that 67% of the 90 confirmed data breaches that Verizon investigated last year revealed that kind of error, usually on a third-party system, often tangential to the heart of the enterprise. But they open the door to the good stuff: thousands or even millions of customer records.

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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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Amazon has opted out of Phorm's controversial targeted advertising technology, delivering a serious blow to the UK-listed company which has already prompted a European commission legal action against the British government. Phorm's technology, which is yet to be launched in the UK, allows ISPs to track their customers' activity on the internet in order to target adverts on pages they subsequently visit. Amazon's absence from Phorm's Webwise system deprives the company of the second most visited destination, after eBay.co.uk, among shopping and classified websites in the UK, according to data from Hitwise. It means Phorm will not have access to crucial information about what Amazon users are interested in. Last month the Open Rights Group, privacy campaigners, sent a letter to nine of the internet's biggest names, including Amazon, Google, Bebo, Facebook and Yahoo, asking them to opt out of Phorm's technology "to protect your users' privacy". Google and Bebo are actively considering whether to opt out and a spokesman for Amazon said the company has now removed all its domain names - including Amazon.com - from Webwise. A spokesman for Phorm said the company does not comment on individual cases but the it is understood to be planning a meeting with Amazon's management to explain the benefits of the Webwise system.

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More electronic records were exposed in 2008 than in the previous four years combined and most of those breaches -- nine out of 10 -- could have been easily avoided with basic preventative controls consistently applied. In its 2009 Verizon (NYSE: VZ) Business Data Breach Investigations Report, Verizon Business Security Solutions analyzed 90 confirmed breaches that occurred in 2008, affecting 285 million compromised records. The company's previous data breach report covered from 2004 through 2007, a period that saw 230 million compromised records. About a third of the breaches in Verizon Business' caseload have been publicly disclosed, and additional disclosures are expected before the end of the year. But many breaches will remain unreported because of the absence of any applicable disclosure requirement. Among the report's findings: 91% of all compromised records were linked to organized criminal groups; customized malware attacks doubled; and the most common attack vectors were default credentials and SQL injection. In a statement, Peter Tippett, VP of research and intelligence for Verizon Business Security Solutions, described the report as a wake-up call. Businesses need strong security and a proactive approach, he said, particularly because the economic crisis is likely to spur even greater criminal activity.

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