News

BIOMETRICS
Facebook Halts Face ID Tech, For Now
The New York Times reports on Facebook’s agreement with European regulators to stop using its facial recognition software and delete users’ facial identification data. “The development of these tools in the private sector directly affects civil liberties,” said University of California, Berkeley Law Prof. Chris Hoofnagle, adding, “The ultimate application is going to be—can we apply these patterns in video surveillance to automatically identify people for security purposes and maybe for marketing purposes as well?” Ireland Data Protection Commissioner Billy Hawkes has said he is satisfied with the company’s privacy upgrades, but some in Europe do not think they have gone far enough. Meanwhile, Financial Times reports the company is working to improve its ad tracking systems.
 
PERSONAL PRIVACY—AUSTRALIA


Privacy Commissioner: Citizens Concerned About Smart Meter Data
Australian Privacy Commissioner Timothy Pilgrim has said smart meter technology could threaten people’s privacy, The Age reports. “We are starting to see people voicing concern about the level of data that these meters can collect,” Pilgrim said. Customers with smart meters must consent to having their data shared with various third parties, the report states. Pilgrim said companies have an obligation to delete or de-identify personal information that is no longer necessary. An Origin Energy spokesman said its online energy-usage portal is fully compliant with Australian privacy legislation and that the company keeps personal data for tax and compliance purposes.
 
PRIVACY LAW—EU


Ireland DPC: EU Overhaul Will Strengthen Personal Data Control
Ireland Data Protection Commissioner Billy Hawkes has said new EU laws to be introduced in January will strengthen EU citizens’ control over their personal data. In a column for the Irish Examiner, Hawkes wrote that personal data should always be protected, even outside the EU. The proposed legislation will provide a single set of rules for data protection across the EU; better access to personal data; the “right to be forgotten”; data protection rules for companies—such as Google and Facebook—doing business in EU markets, and additional power to independent data protection authorities.


ONLINE PRIVACY—U.S.


Do-Not-Track Talks Reach a Stalemate
Privacy advocates wrote to the Federal Trade Commission last week asking it to intervene to help settle differences between some advertising industry representatives and privacy advocates on a do-not-track option online, National Journal reports. Web browsers such as Mozilla’s Firefox, Apple’s Safari and Microsoft’s Internet Explorer now include a do-not-track option, but websites’ compliance with the option is thus far voluntary. Talks convened by the World Wide Web Consortium (W3C) about the standard seemed to have reached stalemate, the report states. Two areas of contention appear to be on the use of “unique identifiers” and default settings for browsers with a do-not-track option. The W3C will hold the workshop “Do Not Track and Beyond” in Berkeley, CA, in November.


PRIVACY LAW—U.S.


Hearing Scheduled for Sutter Health Breach
A hearing will take place in California on September 27 for a class-action lawsuit against Sutter Health over its breach last year exposing data on 4.24 million patients, Sacramento Business Journal reports. The suit claims the company failed to properly protect patient data contained on a password-protected, unencrypted computer that was stolen and that Sutter Health did not notify affected patients in the required time allotment. A decision is pending on whether the 12 suits filed will be certified as a class-action. Lawyers must prove a common thread exists among them.

PRIVACY LAW—AUSTRALIA
 
Parliamentary Committee Endorses Fines for Breaches
A parliamentary committee has recommended passing a bill that would allow for fines of up to $1.1 million for severe or repeated privacy breaches, The Australian reports. The suggested penalties were contained in a report tabled in the Lower House. A Senate committee is examining the bill as well and will report to Parliament this month. The bill responds to the Australian Law Reform Commission’s 2008 report, which aims to update privacy laws given technological advances. Privacy Commissioner Timothy Pilgrim says the fines would incentivize better data protection. Should the bill become law, the committee advises that the attorney general should conduct a review 12 months after implementation.

ONLINE PRIVACY—AUSTRALIA
 
Project Founder: Data Subjects Should Take Some Profit
The founder of a large-scale data project says individuals should receive a portion of the profits companies generate by capturing their personal data, reports The Sydney Morning Herald. The Human Face of Big Data aims to create a digital snapshot of the human race, the report states, by using a smartphone app to ask 10 million people for personal details about their lives. “Big Data is a new asset class, and yet the ones creating it seem to have no say in the process,” founder Rick Smolan said. “Why is it everyone is making money off our browser history except us?”
 
PRIVACY LAW—AUSTRALIA
 
Parliamentary Report Recommends Privacy Amendment Bill
COMPUTERWORLD reports on a tabled parliamentary report that recommends the House of Representatives pass the Privacy Amendment Bill 2012. The bill would clarify the role and strengthen the powers of the privacy commissioner, address credit reporting arrangements and protect personal information. According to a statement, “The committee has examined the bill to ensure that an appropriate balance between privacy protection and the convenient flow of data has been achieved.” Attorney-General Nicola Roxon said, “Both consumers and governments have a role to play to protect privacy,” adding, “In introducing these changes, the Gillard government is doing its bit to protect the privacy of Australian families.”
 
PRIVACY LAW—U.S.
 
Twitter Gives Court Protester's Posts
After months of fighting a subpoena, Twitter has given a U.S. judge the online posts of Occupy Wall Street protester Malcolm Harris, Reuters reports. The tweets, which were handed over to Manhattan Criminal Court Judge Matthew Sciarrino, will remain under seal while a request for a stay by Harris is heard in a higher court, the report states. The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union have filed an amicus brief supporting Twitter’s appeal. EFF’s Marcia Hofmann called it a “canary-in-a-coal-mine case,” adding “companies will look at this case and say it’s not a good idea to push back against governments we think are overreaching.”
 
DATA LOSS—CANADA
 
BC Health Ministry Fires Fifth Worker for Alleged Breach
A fifth employee of British Columbia’s Health Ministry has been fired over an alleged privacy breach, The Victoria Times Colonist reports. The worker had been one of three who had been suspended, but according to the report, the 30-year government employee in charge of data access, research and stewardship has now been released. BC Health Minister Margaret MacDiarmid has said the issues in the ongoing investigation relate to inappropriate conduct, data management and “contracting-out allegations,” the report states. “It’s been incredibly complex and it continues to be,” MacDiarmid added.
 
TRAVELERS’ PRIVACY—UK
 
Body Scanners Removed by Manchester Airport
A UK airport is scrapping passenger body scanners after a three-year trial period ended without a decision from the European Commission, BBC News reports. The airport will replace the body scanners with “privacy friendly” scanners. Manchester Airport Group Chief Operating Officer Andrew Harrison expressed frustration “that Brussels has allowed this successful trial to end,” adding, “Our security surveys and those run by the Department for Transport show passengers regularly rate their experience at Manchester as one of the best security processes in the UK, if not Europe. There’s no doubt that body
 
PRIVACY LAW—U.S.
 
ACLU Asks Court To Stop DNA Collections on Felony Arrests
Through California’s DNA database of close to two million samples, more than 10,000 criminal suspects have been identified in the last five years, The Washington Post reports. But the American Civil Liberties Union (ACLU) will argue to the Ninth U.S. Circuit Court of Appeals that the state’s genetic data collection efforts have become “unconstitutionally aggressive…at the expense of civil liberties,” the report states. California’s Proposition 69 allows police to take a DNA sample of every suspect arrested on felony charges. The ACLU says the practice “comes too early in the criminal justice process,” and samples should be taken only from those convicted. (Registration may be required to access this story.)
Full Story scanners play a big part in these results.”


ONLINE PRIVACY
 
Do-Not-Track's Effects Yet To Be Seen
The New York Times reports on the potential effect do-not-track will have on online privacy. The option may help companies “gain traction with consumers who want to manage their Internet experience on their own devices” but could also have a negative effect on online marketing efforts, the report states. Mozilla introduced the feature last year and reports 11 percent of users have activated the feature. Microsoft announced earlier this year that do-not-track will be the default in its Internet Explorer 10. Recently, Google announced that its Chrome browser will offer do-not-track capabilities in versions available by year’s end. Websites’ compliance with do-not-track preferences is thus far voluntary. (Registration may be required to access this story.)

 

DATA RETENTION -- AUSTRALIA
 
Inquiry Finds Strong Opposition to Retention Reform
A parliamentary inquiry has revealed strong opposition to the government's proposed data retention reforms, itnews reports. The Parliamentary Joint Committee on Intelligence and Security published 177 public submissions representing thousands of individuals and organisations, and the report states not many were in support of the proposals. In support, the NSW government said, "Fundamental reform is...required, not to increase powers, but to ensure that existing powers are not rendered completely ineffective."  Meanwhile, Victoria's acting privacy commissioner said the proposed reforms are "characteristic of a police state," while others have claimed the move is an "Orwellian intrusion."
 
DATA PROTECTION -- NEW ZEALAND
 
ACC Report May Lead to Wider Review
The New Zealand Herald reports that last week's independent report on the breach by the Accident Compensation Corporation (ACC) may lead to a wider overhaul of all government agencies' handling of private information. Former Australian Privacy Commissioner Malcolm Crompton, CIPP/US, said the individual who made the breach known had done the public "a service by making sure that we pay attention to the proper governance of personal information."
 
HEALTHCARE PRIVACY -- AUSTRALIA
 
OAIC Seeks Public Comment on PCEHR Enforcement
ZDNet reports that the Office of the Australian Information Commissioner (OAIC) is seeking public comment on how it should enforce personally controlled electronic health record (PCEHR) privacy regulations. Together with a set of enforcement guidelines, the OAIC has released a consultation paper. The guidelines detail the OAIC's enforcement and investigative powers under the PCEHR and Privacy Acts and outline the penalties, enforceable undertakings and injunctions that can be applied in breach cases, the report states. The OAIC is asking if the draft guidelines are acceptable and provide enough clarity. The deadline for public comment is 18 September.


PERSONAL PRIVACY -- AUSTRALIA
 
Tax Office Wants Access to Real-Time Data
The Australian Tax Office (ATO) is asking for changes to the nation's phone-tapping laws so investigators can intercept data in real time, iTnews reports. The office has access to stored communications such as voice mail, e-mail and SMS messages under the Telecommunications (Interception and Access) Act 1979, the report states. "Access to real-time telecommunications data would enable our investigators to quickly identify those involved in suspected fraud, establish an association between two or more people, prove that two or more people have communicated at a particular time and by what means or show that a person was at a location at a particular time," said the ATO.
 
PRIVACY LAW -- NEW ZEALAND
 
Commissioner: Privacy Laws Not at Fault in Teacher Scandal
New Zealand Privacy Commissioner Marie Shroff has said she does not believe existing privacy laws are to blame in the case of a Northland deputy principal who allegedly abused his students, 3news.co.nz reports. "There are many ways under which information can be shared," Shroff said. "In my personal view, it's got more to do with patch protection and people perhaps not trusting another agency with some particularly sensitive information." The news comes a week after a report from the minister of education revealed a sex offender had stolen an individual's identity to teach.
 
PRIVACY LAW -- AUSTRALIA & U.S.
 
Experts Consider "Grey" Area of USA PATRIOT Act
COMPUTERWORLD reports on privacy advocates' belief that the USA PATRIOT Act could apply to data hosted by Rackspace in Australia. "When Rackspace announced the opening of its first data center in Australia, the company emphasized that only Australian laws would apply to hosted data," the report states, noting this prompted questions by competitors and others regarding the extra-territorial reach of the USA PATRIOT Act. "It is a very grey area," said Information Integrity Solutions Managing Director Malcolm Crompton, CIPP/US. "Much more insight is needed into questions such as whether and how a company has a link to the U.S. before it is possible to say" how the act would apply.
 
PRIVACY LAW -- HONG KONG
 
Analysing the Personal Data (Privacy) Ordinance Amendments
In July, Hong Kong's Personal Data (Privacy)(Amendment) Ordinance, which finalised the amendments to the Personal Data (Privacy) Ordinance, was gazetted. In this exclusive for The Privacy Advisor, Mayer Brown Partner Sara Or analyses the new finalised amendments. "Data users will have to review and update their existing data protection policies and procedures and relevant contracts and forms with clients, employees and data processors in compliance with the new or revised requirements," Or writes. (IAPP member login required.) Editor's Note: The IAPP will host a KnowledgeNet event in Hong Kong on Tuesday, 18 September.
 
HEALTHCARE PRIVACY -- CHINA
 
Draft Law Would Protect Privacy of Mentally Ill
Xinhua reports on draft legislation pertaining to mental health in China's bi-monthly session of the Standing Committee of the National People's Congress that would include provisions to protect patients' privacy and allow patients to challenge institutions that violate their privacy. The draft law would mandate that institutions and individuals protect and secure patients' private data unless data-sharing is necessary to abide legal obligations, the report states. Patients and their relatives would also be able to file lawsuits against the government, medical institutions and individuals if patients believe their rights have been violated.
 
PRIVACY LAW -- THAILAND
 
Opinion: Telemarketing Abuse Prompts Need for Privacy Law
Bangkok Post reports on the lack of a privacy law in Thailand to help prevent the sale and misuse of personal information by telemarketers and other firms. The report states that "people were able to get personal information from various institutions with help from insiders," which is "almost certainly against the law, but the next phase-selling the data-is not. This is because Thailand has no law to protect such data." The report notes that a law has been under consideration "for more than a decade," but "the privacy protection bill has moved at a snail's pace because consumer protection is sometimes considered anti-business and isn't high on politicians' agenda."
 
PRIVACY LAW -- PHILIPPINES
 
BPO Industry Backs Data Privacy Law
The umbrella organization of the IT business process outsourcing (IT-BPO) industry in the Philippines said the recent signing of the Data Privacy Act will increase the confidence of foreign investors, Manila Standard Today reports. Business Processing Association of the Philippines President and CEO Benedict Hernandez said the law brings the country "to international standards of privacy protection." In a statement, Sen. Edgardo Angara noted the importance of balancing the free flow of information with privacy protections and said the implementation of the new law will require training of experts and added rules and regulations, the report states.
 
ONLINE PRIVACY
 
What Happens to Our Data After Death?
When it comes to our final wishes for the digital data we amass in the course of our lives, a news.com.au report suggests that "unless you get control over your digital collections and social networking pages now, it will be very difficult for your loved ones to access all of your content once you're gone." The report examines the ways social networks allow-or don't allow-loved ones to access or deactivate accounts of the deceased. Quoting Facebook, the report says the best way to sum up what happens to our data after death is, "It's complicated." Editor's Note: A past feature in Inside 1 to 1: PRIVACY examines the questions around who owns the digital data stored in sites and caches across the web.
 
ONLINE PRIVACY
 
Privacy Worries Surround UN Internet Regs
"What would online privacy look like if the United Nations (UN) regulated the Internet?" queries Mathew J. Schwartz in this exclusive for The Privacy Advisor. "That's one question on the minds of privacy advocates as the International Telecommunications Union-a UN agency based in Geneva, Switzerland, that regulated telecommunications and IT issues-approaches the task of helping the UN decide if it should exert more control over Internet governance," Schwartz writes. According to the report, some proposals "have technologists and-at least in the United States-legislators up in arms, leading to allegations that the renegotiated treaty could allow countries such as China and Russia to more easily censor the Internet."
 
PRIVACY LAW
 
Legislative Discrepancies Lead To Costs for ISPs
Internet service providers (ISPs) have become "increasingly implicated in a complex situation as differing laws arise across different jurisdictions," says Pauline Reich, a law professor and founder-director of the Asia-Pacific Cyberlaw, Cybercrime and Internet Security Research Institute Japan. The Council of Europe has requested ISPs voluntarily grant law enforcement agencies access to data on individuals for investigations, which jurisdictions have interpreted in various ways. As countries navigate "the complicated privacy debate," ISPs and telcos could see greater costs, including monetary costs incurred from lawsuits and a loss of public trust if customers understand their data may be shared, ZDNet reports.
 
DATA PROTECTION -- NEW ZEALAND
 
ACC, Auditor General Reports Issued
An independent report on New Zealand's Accident Compensation Corporation (ACC) has revealed that a data breach was due to "human error" but also "systemic weaknesses within ACC's culture, systems and processes." Commissioned by New Zealand Privacy Commissioner Marie Shroff, the Independent Review of ACC's Privacy and Security Information was undertaken by KPMG and former Australian Privacy Commissioner Malcolm Crompton, CIPP/US. Shroff said the ACC "has elements of privacy protection and security" in place, but they "are not up to the standard expected" of such an organisation, adding, a "culture change" will be necessary, starting "right at the top." ACC Minister Judith Collins says she agrees with the report's recommendations. The Auditor General has concluded its investigation and released a report as well. Meanwhile, State Services Commissioner Iain Rennie urged vigilance by public servants processing personal data.
 
PERSONAL PRIVACY -- NEW ZEALAND
 
Bill Means No More Anonymity for Toll Users
A bill introduced last week would remove an existing legal provision related to motorists, The New Zealand Herald reports. The Government's Land Transport Management Amendment Bill would allow for the collection of personal information from motorists who use toll roads by not allowing them to pay anonymously. According to the report, civil liberties advocates and the privacy commissioner are concerned. A spokesman for the transport minister said the anonymous system "no longer reflects the working realities of modern tolling systems, which collect vehicle information needed to apply tolls without disrupting traffic." A NZ Transport Agency official said those concerned about privacy could use non-toll roads.
 
PRIVACY LAW -- AUSTRALIA
 
Senate Passes Cybercrime Legislation
The Cybercrime Legislation Amendment Bill 2011 has passed the Australian Senate, ZDNet reports. The bill amends the Mutual Assistance in Criminal Matters Act 1987, the Criminal Code Act 1995, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997 and has incited concern among Internet service providers about their new data retention responsibilities. The bill was amended before its passage to include privacy protections at the recommendation of the Joint Select Committee on Cyber-Safety. Australia now joins the 34 nations who've acceded to the Council of Europe Convention on Cybercrime, the report states.
 
IDENTITY THEFT -- NEW ZEALAND
 
Sex Offender Stole Identity To Teach
A report from Minister of Education Hekia Parata has revealed that convicted sex offender Te Rito Henry Miki was able to teach after he stole the identity of a teacher listed on the New Zealand Teachers' Council website. Parata said the incident was the result of "serious failings across the whole system." A committee has since made 35 recommendations on how to prevent similar incidents from occurring, including sharing data on teachers' name changes. Pending the passage of the Privacy (Information Sharing) Bill, agencies will consider whether the Department of Internal Affairs may share name-change information with the New Zealand Teachers' Council and the Ministry of Education, The New Zealand Herald reports.
 
EMPLOYEE PRIVACY -- AUSTRALIA
 
Lawyers Urge Business To Adopt Social Media Policies
Lawyers have warned Australian businesses to enact a social media policy or risk liability, Australian Financial Review reports. The warnings follow various lawsuits in Australia and abroad involving social media posts. Companies need explicit policies on social media, which should also appear in employee contracts, the lawyers said. "It's a policy issue," said one lawyer. Another said, "If the employee or agent of a business posts personal information about an employee on the business's Facebook site using the business records of personal information, the business may breach the Privacy Act 2001." Proper monitoring systems and policies can help mitigate this risk, he said.
 
PRIVACY LAW -- PHILIPPINES
 
Data Privacy Law Signed
President Benigno Aquino has signed the Data Privacy Act 2012, ABS-CBN News reports. The bill is also known as "An Act Protecting Individual Information in Information and Communication Systems in the Government and the Private Sector." The bill is based on the European Directive and requires data security standards by business process outsourcers. The president did not veto any of the bill's provisions, the report states. Some lawmakers have said the law will spur investment in the Philippines.

 

PRIVACY LAW—AUSTRALIA

Privacy Commissioner Wants Payload Data Deleted
The Australian Privacy Commissioner has called on Google to destroy data collected from open WiFi networks, iTnews reports. The commissioner sent a letter to Google’s Australian head of public policy and government affairs ordering its immediate destruction, the report states. “I do not require Google to retain the additional payload data, and unless there is lawful purpose for its retention, Google should immediately destroy the data,” Pilgrim wrote. “Further, I also request that Google undertakes an audit to ensure that no other disks containing this data exist and to advise me once this audit is completed.” Commissioners from the UK, France and other jurisdictions have made similar requests.
 
ONLINE PRIVACY
Internet Explorer 10 To Keep DNT By Default
Microsoft has announced it will keep its default do-not-track (DNT) setting in Internet Explorer 10 (IE10), Ars Technica reports. Microsoft Chief Privacy Officer Brendon Lynch, CIPP/US, said, “Customers will receive prominent notice that the selection of Express Settings turns DNT on.” Users will also have the option to opt out of DNT in the customize setting. Lynch added, “Our approach to DNT in IE10 is part of our commitment to privacy by design and putting people first…We believe consumers should have more control over how data about their online behavior is tracked, shared and used.”
 
MOBILE PRIVACY—U.S.
Campaign App Discloses Nearby Voters
The Washington Post reports on a mobile app created by the Obama campaign that shows a map with lists of the first and last names of nearby voters. The app is meant to help campaign volunteers canvass for potential voters and send the data back to the campaign. Privacy advocate Shaun Dakin has said the app is concerning because it reveals ages, potentially leading to targeted scams. Electronic Privacy Information Center Executive Director Marc Rotenberg said, “Party affiliation is public information, available through the state voter registration records…Still, both campaigns are digging deep into the private lives of voters.” (Registration may be required to access this story.)
 
CLOUD COMPUTING
The Cloud and Its Privacy Risks
TECHNEWSWORLD reports that privacy in the cloud “may be an illusion,” and businesses relying on the cloud should be aware of its privacy risks. Laws in the U.S., EU and elsewhere allow government agencies access to cloud data, and Mutual Legal Assistance Treaties facilitate cooperation across borders, allowing law enforcement to request data in any country that is a part of such a treaty. The report points to a recent whitepaper that concludes “it is not possible to isolate data in the cloud from governmental access based on the physical lo
cation of the cloud service provider or its facilities.”
 
DATA PROTECTION—UK
Advocate: Gambling Industry "Ignores" Privacy Laws
The founder of Privacy International, Simon Davies, has said the online gaming industry is failing to adequately protect its customers’ personal data and violates the UK’s Data Protection Act (DPA), computing.co.uk reports. After analyzing the industry for two years, Davies says many online sites collect vast amounts of personal information, including passport and credit card scans, driver’s licenses and utility bills. “All the available evidence indicates that this information is stored permanently,” Davies has said, adding that this constitutes a violation of the third and fifth principles of the DPA, the report states.
 
HEALTHCARE PRIVACY—U.S.
VA Improves Security, Other Breaches Persist
GovernmentHealthIT reports on improvements in data protection at the Veterans Affairs Department due to the use of encryption. The department now encrypts all of its information operations laptops following a 2006 data breach involving the theft of a laptop containing data on millions of veterans. Additionally, the department’s chief information officer now oversees its IT operations, and privacy and security policies and procedures as well as employee training have been put in place. Meanwhile, COMPUTERWORLD reports that in the last three years, about 21 million patients’ medical records have been exposed in data security breaches large enough to require reporting to the federal government.
 
DATA RETENTION-AUSTRALIA
Uncertainty on Proposal, Hackers Down Gov't Sites
Attorney General Nicola Roxon recently said she's "not yet convinced that...we've made the case" for the data retention provision in proposed amendments to the Privacy Act, and Greens Sen. Scott Ludlam is voicing concern , saying, despite its claims, the government hasn't "even attempted" to "strike a balance between people's privacy and the ability of spy agencies to surveil people." Meanwhile, hacktivist group Anonymous temporarily took down at least 10 government websites in protest of the proposed data retention requirements, reports Fox News. "Unless the government starts acting in the best interest of its people, it will continue to bring the noise," said a spokesman from the group.
DATA LOSS- AUSTRALIA
Commissioner: Health Organisation Breached Privacy Act
After an investigation, the Australian privacy commissioner has found that Medvet Labratories breached the Privacy Act for failing to protect its customers' personal information, ZDNet reports. Billing and shipping details were exposed because of multiple security flaws in the software used for its online store, the privacy commissioner found. However, the commissioner has said the company's actions following the breach were positive steps. They have improved security systems, advertised the violation in newspapers and placed notices on their website.
INFORMATION ACCESS-NEW ZEALAND
Law Commission: MPs Should Be Subject to OIA
After a major review of the Official Information Act (OIA), the Law Commission has determined that the legislation should be expanded to include all publicly funded agencies, reports The New Zealand Herald. While ministers have been subject to the act, MPs have not been required to open their expense claims to the public. The report's lead commissioner, Prof. John Burrows, says changes over the past three decades have made modernising the act necessary. "We think there's a case now for saying if a body is receiving public funding and is performing a public function, it should be accountable under the OIA," Burrows said.
PRIVACY LAW-AUSTRALIA
Online Orgs Concerned About Privacy Amendment Bill
The Australian reports that a group of banks, credit providers and online service providers have submitted a joint statement expressing concern that the tabled Privacy Amendment Bill will have adverse effects on the digital economy. The proposed bill introduces a set of privacy principles for the public and private sectors. In the joint statement to the Interactive Advertising Bureau Australia, the Internet companies said, "We recognise the need for organisations to be accountable for the information they share across borders, but the proposed law places digital economy organisations in jeopardy." (Registration may be required to access this story.)
ONLINE PRIVACY
Study: Asian Consumers More Willing to Trade Data for Benefits
A study conducted by mobile ad company Amobee has shown Asian consumers are more willing to offer up their personal information for free services or better ads than those in Europe, reports ZDNet . The company polled more than 100 people, asking questions such as "would you share your data if we were to give you five free SMS messages a day?" says CEO Trevor Healy. Respondents in both Asia and Europe negatively reacted to "retargeting" marketing strategies, where ads are repeatedly offered to visitors of a site, prompting Healy to recommend advertisers use "pretargeting" methods focused on analysing user profiles.
DATA LOSS-NEW ZEALAND
Health Provider Sorry for Breach
HealthCare New Zealand is apologising for a breach involving the personal information of dozens of patients, which was discovered on a Merivale street recently, The New Zealand Herald reports. The patient records had been stolen from an employee's vehicle a few weeks prior. "We're really sorry about the event," said HealthCare NZ Community Services Manager Scott Arrol. "It's not the sort of thing that happens to us." Police are investigating.

DATA LOSS—NEW ZEALAND

Health Provider Sorry for Breach
HealthCare New Zealand is apologizing for a breach involving the personal information of dozens of patients, which was discovered on a Merivale street recently, The New Zealand Herald reports. The patient records had been stolen from an employee’s vehicle a few weeks prior. “We’re really sorry about the event,” said HealthCare NZ Community Services Manager Scott Arrol. “It’s not the sort of thing that happens to us.” Police are investigating
 
PRIVACY—AUSTRALIA
Pilgrim: Keeping Data Can Pose Organisational Risks
The Sydney Morning Herald looks at the risks associated with how personal data is collected and used. Given legitimate requests by organisations for personal data, the report offers suggestions for solutions from Privacy Commissioner Timothy Pilgrim. “I'm saying to organisations, could you just identify the person and, having identified them, not necessarily need to keep a lot of the personal information?” Pilgrim says, adding, “Because once organisations start keeping large amounts of information it doesn't just pose threats for the individual, in terms of increasing the risk of identity theft and fraud, it also starts to increase the risks for organisations themselves.”
 
PRIVACY—QUEENSLAND & VICTORIA
APF Urges Selection of New Commissioners
The Australian Privacy Foundation (APF) sent two letters this week to encourage government officials to appoint new privacy commissioners. In a letter to Queensland Attorney-General and Minister for Justice Hon Jarrod Bleijie, the APF expressed concern that the acting privacy commissioner has been in place too long and the office is losing momentum as a result. “We urge you to make an appropriate appointment at the earliest opportunity, and request your assurance that an appointment is imminent.” In a separate letter, the APF implored the Attorney General of Victoria to select a permanent replacement for former Privacy Commissioner Helen Versey.
 
PRIVACY LAW—AUSTRALIA
FIA Concerned About Privacy Act Changes
Pro Bono Australia reports that proposed changes to the Privacy Act have the Fundraising Institute of Australia (FIA) warning about the potential for “undue distress and confusion” for charitable organisations. In a submission to the Senate Legal and Constitutional Affairs Committee, the FIA writes, “Adequate privacy laws to protect donors' personal data are an essential component of charitable fundraising in this country,” noting that while the “FIA basically supports the Privacy Amendment Bill…there is confusion around the prohibition on direct marketing and lack of clarity around the new requirement for opt-out in each direct marketing communication.”
 
PRIVACY LAW—NEW ZEALAND
ACC Defamation Case Proceeds
A defamation case brought by ACC Minister Judith Collins will proceed, stuff.co.nz reports. Collins has accused MPs Trevor Mallard and Andrew Little of defamation in relation to a leaked e-mail from “ACC claimant Bronwyn Pullar, who blew the whistle on ACC inadvertently releasing her details about thousands of ACC claimants,” the report states. The next court date is set for November and will be a settlement conference where the parties involved can attempt to resolve the issues before trial. A trial date has been scheduled for February.
 
FINANCIAL PRIVACY—AUSTRALIA
Experts Warn Against Posting Credit, Debit Info
After cardholders published images of their new debit and credit cards, privacy experts are urging caution. “Police said scammers could easily use the cards to make phone and online transactions, despite not being able to see the cards’ security codes,” the Herald Sun reports. A Twitter accountholder republished the images, the report states, prompting E-Crime Unit Detective Senior Constable Marty Nicholls to caution, “Using the Internet to purchase things can be safe, but posting a photograph of your credit card in an open source environment is fraught with danger.
 
BIG DATA—AUSTRALIA
As Data Collection Increases, So Do Company Obligations
An article in The Sydney Morning Herald discusses the risks companies run in chasing big data. “Every time we make a phone call, click on a website link, send an e-mail or swipe a card through an electronic reader, we are creating a record that can be stored and later analysed by computers,” the report states. One executive says he expects such practices to increase as young executives who are comfortable with Internet data collection are promoted. Australian Privacy Commissioner Timothy Pilgrim warns organisations that they must treat customer data responsibly and realise “they are collecting w
DATA THEFT—AUSTRALIA
Customer Passwords Stolen, Published
Surfwear retailer Billabong says it is gathering information about a breach impacting customer passwords, iTNews reports. A company spokesperson said, “We view this attack as an extremely serious matter and have taken urgent action to contain the incident and prevent further attacks occurring.” Hackers published 21,485 stolen clear-text passwords and hashed passwords. “We will take further appropriate measures as new information comes to light,” the spokesperson said. Meanwhile, 3AW Radio reports that a company that went into administration earlier this year failed to protect sensitive data located in office equipment that is to be sold online.hat can be quite powerful sets of information.”
 
PRIVACY—HONG KONG
Chiang: High Calibre Privacy Professionals Needed
Privacy Commissioner for Personal Data (PCPD) Allan Chiang tells Career Times that his office is actively seeking high-calibre privacy professionals from a variety of backgrounds. The report highlights the work of the Office of the PCPD, noting that candidates with experience in such fields as legal, regulatory affairs and social services have an advantage in the privacy sphere. "At this point, we are looking to build a team of diverse talents who can contribute their expertise as we learn from one another and create new synergy," Chiang notes, adding, "There is certainly plenty of room for quality candidates who want to join the profession."
 
ONLINE PRIVACY
YouTube Releases Facial Blurring Tool
YouTube has released a tool allowing people to obscure faces within videos uploaded to the site, The New York Times reports. The feature aims “to help protect dissidents using video to tell their stories in countries with repressive government regimes,” the report states. “Visual anonymity in video allows people to share personal footage more widely and to speak out when they otherwise may not,” said a YouTube spokeswoman, adding that “human rights footage, in particular, opens up new risks to the people posting videos and to those filmed.” YouTube said the feature would also help protect children’s identities.
 
ONLINE PRIVACY
Skype Looking Into Messaging Bug
Skype is looking into a bug resulting in the voice-Internet service sending instant messages to unintended recipients, CNET News reports. Skype says “in rare circumstances” and stemming from an upgrade last month, users intending to send a message to one contact have found the message has been sent to another, which one user called “a serious breach of privacy.” Skype says it is investigating the matter and hopes to provide a solution soon. “We are rolling out a fix for this issue in the next few days and will notify our users to download an updated version of Skype,” a spokesperson said in an e-mailed statement.
 
PRIVACY LAW—U.S.
CFPB To Begin Supervision of Credit Reporting Firms
The Consumer Financial Protection Bureau (CFPB) will soon begin supervising credit reporting agencies, The New York Times reports. CFPB Director Richard Cordray said this week that supervision activities—which will begin September 30—will include onsite examinations. Cordray said areas of concern for the CFPB include “the information sent to credit bureaus, the ways they assemble and hold information and ‘how difficult it is to get the errors resolved,’” the report states. Washington, DC, attorney Robert Belair told the Daily Dashboard, “The three national credit report systems are closely regulated by FCRA, which was the first comprehensive privacy statute in U.S. The FCRA reflects fair information practices and includes meaningful and comprehensive privacy protections. CFPB supervision…will not change that. The law doesn’t change. The privacy requirements don’t change. What this does is substitute the CFPB for the FTC.”
 
ONLINE PRIVACY
Skype Looking Into Messaging Bug
Skype is looking into a bug resulting in the voice-Internet service sending instant messages to unintended recipients, CNET News reports. Skype says “in rare circumstances” and stemming from an upgrade last month, users intending to send a message to one contact have found the message has been sent to another, which one user called “a serious breach of privacy.” Skype says it is investigating the matter and hopes to provide a solution soon. “We are rolling out a fix for this issue in the next few days and will notify our users to download an updated version of Skype,” a spokesperson said in an e-mailed statement.
 
DATA LOSS—CANADA
Elections Ontario Reports Missing Memory Sticks
Ontario’s Information and Privacy Commission (OIPC) has launched an investigation into the loss of personal data from the office of the province’s chief electoral officer, CBC News reports. Elections Ontario reported missing memory sticks containing voters’ names, addresses, genders and dates of birth, among other information, to provincial police, party leaders and the OIPC. Chief Electoral Officer Greg Essensa says the data on the sticks is encrypted. Essensa says the breach is a matter he takes “extremely seriously.”
 
DATA THEFT—AUSTRALIA
Customer Passwords Stolen, Published
Surfwear retailer Billabong says it is gathering information about a breach impacting customer passwords, iTNews reports. A company spokesperson said, “We view this attack as an extremely serious matter and have taken urgent action to contain the incident and prevent further attacks occurring.” Hackers published 21,485 stolen clear-text passwords and hashed passwords. “We will take further appropriate measures as new information comes to light,” the spokesperson said. Meanwhile, 3AW Radio reports that a company that went into administration earlier this year failed to protect sensitive data located in office equipment that is to be sold online.
 
MOBILE PRIVACY—U.S.
Study: Consumers Don't Yet Trust Mobile Targeting
Direct Marketing News reports that as mobile targeting increases, consumers don’t yet trust it. That’s according to a recent online study by TRUSTe that polled more than 2,000 U.S. adult cell phone users to gain a better understanding of how consumers feel about mobile privacy policies. “Awareness of behavioral targeting has increased substantially since last year,” said TRUSTe’s vice president of mobile development, adding, “It was striking to learn that as consumers in the study became aware of behavioral targeting, over 70 percent of them did not like it and did not want to be a part of it.” Meanwhile, Forbes reports on ways wireless carriers can gain consumer trust.
 
TRAVELER’S PRIVACY—U.S.
Gov't Has Yet To Act On Scanner Regulations
It’s been a year since a federal appeals court decision allowed the government to continue using certain body scanners at U.S. airports but required it “act promptly” to hold hearings and publicly adopt rules and regulations on scanner use. Wired reports the Transportation Security Administration (TSA) has yet to do so, despite motions from the Electronic Privacy Information Center to the appellate court to order the TSA to take action. Jim Harper, director of information policy studies at the Cato Institute, has started a White House petition to require the Obama administration to respond on where things stand.
 
MOBILE PRIVACY—U.S.
Study Finds Consumers Consider Cell Phone Data Private
Researchers at Berkeley Law have released a study on “Mobile Phones and Privacy.” In the survey of 1,200 households, Jennifer Urban, Chris Jay Hoofnagle and Su Li looked at mobile privacy issues to inform debate “and to better understand Americans’ attitudes towards privacy in data generated by or stored on mobile phones.” The study found that “Americans overwhelmingly consider information stored on their mobile phones to be private—at least as private as information stored on their home computers,” and that they “overwhelmingly reject several types of data collection and use drawn from current business practices.”

ONLINE PRIVACY—U.S.

Google Close To Settling with FTC
The Wall Street Journal reports that Google is close to settling with the Federal Trade Commission (FTC) to the tune of $22.5 million on charges alleging it bypassed millions of Apple users’ privacy settings. The fine would be the largest ever handed down against a single company by the FTC. The charges involve Google’s use of cookies to track users’ online movements despite settings indicating they did not wish to be tracked. Google said the tracking was inadvertent and didn’t harm consumers. It has since removed the cookies. A group of state attorneys general continues to investigate the case. (Registration may be required to access this story.)
 
SOCIAL NETWORKING—IRELAND
DPC Officials Following Up on Audit
The Irish Times reports on a visit from the Office of the Data Protection Commissioner (DPC) to Facebook’s headquarters in Dublin “in a follow-up to a major audit of the company’s privacy policies and use of customer data.” The DPC is holding a formal review following Facebook’s agreement to make changes to its privacy policy and the way it retains user data, the report states. Deputy Data Protection Commissioner Gary Davis described last year’s Facebook audit as “the most comprehensive and detailed” ever undertaken by the DPC. A Facebook spokesman said the company has been keeping the DPC “closely informed” as it implements the audit’s recommendations.
 
EMPLOYEE PRIVACY—FRANCE
Company Fined 10,000 For Withholding Employee Data
The French data protection agency (CNIL) has fined a regional water utility €10,000 for failing to hand over GPS tracking data to an employee who was attempting to prove that he had been the victim of a workplace accident, reports PCWorld. The man reported the company to the CNIL after waiting 11 weeks for a response; the CNIL then sent four requests over the next six months and a formal notice to hand over the data, to no avail. The CNIL’s ruling stated, "Through its stalling tactics, the company took the risk of depriving the plaintiff of the possibility of accessing data, the storage of which was only guaranteed for six months after its recording."
 
HEALTHCARE PRIVACY—U.S.
TRICARE Suits Consolidated
The U.S. Judicial Panel for Multidistrict Litigation has consolidated eight civil lawsuits to the U.S. District Court for DC following a security breach of computer tapes, the Washington Business Journal reports. The June 27 decision combines five actions in DC and actions in the Northern District of California, the Southern District of California and the Western District of Texas. The actions were in response to the TRICARE breach of September 2011 in which computer tapes were stolen from an employee of Science Applications International Corp., which manages TRICARE military healthcare insurance.
 
DATA RETENTION—AUSTRALIA
Gov't Telecomm Inquiry Begins, Committee Seeks Public Opinion
Following up on Attorney General (AG) Nicola Roxon’s request for a review of the Telecommunications (Interception and Access) Act 1979, the Joint Parliamentary Committee on Intelligence and Security has launched its investigation, reports ZDNet . The AG’s department published a discussion paper outlining the proposals put to the committee, which is currently seeking public opinion on data retention and whether the law should be amended to require telecommunication companies to hold certain consumer data for two years. “As Australia’s telecommunications landscape continues to evolve, it is appropriate and timely to consider how best to manage risks to the data carried and stored on our telecommunications infrastructure to secure its availability and integrity in the long term,” said the department.
 
MOBILE PRIVACY—U.S.
Firm: Ads Most Prevalent Issue; New Ad Targeting Launched
Mobile security firm LookOut says some advertising networks have started to “secretly collect app users' contacts or whereabouts and could now have access to 80 million smartphones globally,” Reuters reports. LookOut’s technology chief said aggressive ad networks are “much more prevalent than malicious applications” and the “most prevalent mobile privacy issue that exists.” Meanwhile, The Wall Street Journal reports on Facebook’s launch of a new type of mobile advertising targeting consumers based on which apps they use, suggesting the company is “pushing the limits of how companies track what people do on their phones.”
 
 
NEW WEB CONFERENCE ANNOUNCED!
Anonymization and De-identification: Technical and Legal Considerations
Thursday, July 19, 1 - 2:30 p.m. EDT 
The practice of removing personally identifiable information from individuals' digital profiles to be used in aggregate for research and other purposes is widespread and most agree has broad societal value. Yet evolving technical capabilities have called into question what constitutes safe and legal handling of this data. Join our expert panel as they discuss the legal and procedural points your organization should consider when engaged in this activity.
Panelists:
Justin Brookman, Consumer Privacy Project Director, Center for Democracy & Technology (CDT) 
Mitchell W. Granberg, Chief Compliance and Privacy Officer, OptumInsight 
Omer Tene, Affiliate Scholar, Center for Internet and Society at Stanford Law School; Senior Lecturer at Israeli College of Management School of Law; Managing Director, Tene & Associates 

Plus, you won't want to miss this week's web conference, Planning For and Responding To a Health Information Data Breach.   
 
PRIVACY LAW -- GERMANY 
Gov't Considers Amending Data Sharing Bill 
The German government is likely to change a controversial law that allows government offices to sell personal information to marketing companies, SPIEGEL reports. The government passed the bill last month, but a spokesman says it's likely Parliament will amend it following protests from data protection rights groups and politicians who are concerned with individuals' lack of privacy under the measure and the way in which it was passed. The bill allows individuals to opt out of having their information sold to third parties, but Schleswig-Holstein Data Protection Commissioner Thilo Weichert has called it "legal madness." If not overturned, the bill will go into effect in 2014.  
 
PRIVACY LAW -- EU 
ENISA Says Proposal Could Have Negative Impact on Breach Prevention 
A new report from the European Network and Information Security Agency (ENISA) says proposed EU regulations that would require Internet firms to quickly report data breaches could lead companies to focus on "symptoms rather than causes of cybersecurity vulnerabilities if not augmented by other regulations," FierceGovernmentIT reports. In a June report, the Justice and Fundamental Rights Directorate General proposed updating existing regulations to require breaches be reported to government supervisory entities within 24 hours. But "like many other areas of regulatory intervention," the proposal "addresses the symptoms and not the cause of cybersecurity problems," ENISA says.   
 
DATA THEFT -- AUSTRALIA 
Legitimately Collected Data Sold to Fraudsters
The Australian Crime Commission (ACC) has released a report that estimates 2,600 Australians have been duped out of $113 million in the past five years by criminals buying data collected through legimate methods, such as surveys or competitions, reports COMPUTERWORLD. "Armed with information such as income, superannuation, mortgage and investment details of individuals, organized criminal networks are able to identify those most susceptible to particular schemes," says the ACC report. The ACC also released a list of recommendations to avoid becoming a victim of this kind of crime, including checking the licensing of the company, seeking independent advice before investing money and hanging up on unsolicited calls offering overseas investments.  
MOBILE PRIVACY -- U.S.
Carriers: 1.3 Million Demands for Subscriber Data Received
 In response to a congressional inquiry, nine mobile phone carriers have indicated they responded to 1.3 million law enforcement demands for subscriber information, The New York Times reports. The carriers have stated they hand over "records thousands of times a day in response to police emergencies, court orders, law enforcement subpoenas and other requests," the report states. Rep. Edward Markey (D-MA), who requested the reports from the carriers, said, "I never expected it to be this massive." Meanwhile, the ACLU's Chris Calabrese cautioned, "The standards are really all over the place" when it comes to mobile phone surveillance. (Registration may be required to access this story.)  
 
PRIVACY LAW -- EU & INDIA  
India Seeks "Secure" Status for Deal with EUThe Economic Times reports on the EU's study of India's data protection laws in deciding on its commitment in the bilateral free trade agreement being negotiated between the two. The chief executive of the Data Security Council of India, Kamlesh Bajaj, says the country is "data secure" even if its data protection law is worded differently than the EU directive. The country amended its Information Technology Act to be compliant with EU standards four years ago. "If India is given a data secure status, not only will Indian firms save on costs, but EU companies will also have increased confidence in doing business here," Bajaj says. 
TRAVELERS' PRIVACY 
WiFi-Enabled Cars Can Connect Through Algorithm 
Researchers from the Massachusetts Institute of Technology, Georgetown University and the National University of Singapore have developed an algorithm allowing WiFi-connected cars to automatically share Internet connections and data, reports MediaPost. The algorithm would collect data from many cars through a few cars that would then upload it to the Internet--so, by design, data from one car will pass through a nearby car on its way to the Internet--causing the author to opine, "Privacy experts should have a field day with this one." The plan would save consumers money by sharing a 3G connection; however, the author warns of risks of viruses, corrupt data and theft.   

DATA LOSS-NEW ZEALAND

Another Breach Reported at ACC, Bosses Step Down
3 News reports that the Accident Compensation Corporation (ACC) has sent details on "a significant amount" of its customers to one customer when he requested his own file. This follows two similar breaches at the company-one exposing more than 100 records and another involving 9,000. Radio New Zealand reports both the chairman of the ACC's board, John Judge, and its chief executive, Ralph Stewart, have resigned this week, as well as two other executives. Political groups are taking sides over whether the company's minister Judith Collins should be removed from her post as well. The Labour Party says ACC needs a change at the ministerial level, but Collins says she's working to change the culture.
 
PERSONAL PRIVACY-NEW ZEALAND
 
Mapping Initiatives Get Commissioner's Attention
Privacy Commissioner Marie Shroff is paying attention to new mapping technologies being developed by Google and Apple, reports NewstalkZB. According to the report, Apple has aeroplanes creating a detailed three-dimensional mapping feature for its devices, and Shroff plans to call for a briefing prior to the New Zealand launch of the feature. Assistant Privacy Commissioner Katrine Evans says Google plans to consult the commission through its data collection process.
 
TRAVELLERS' PRIVACY-AUSTRALIA
 
Scanners Will Show Prosthetics, Not Stick Figures
Internal documents released under the Freedom of Information Act show that plans to program airport full-body scanners to show stick figures have been scrapped, reports The Sydney Morning Herald. The scanners will instead show a full-body image that identifies prosthetics, prompting a breast cancer survivor group to alert members to carry a doctor's note. The documents also showed an agreement between Office of Transport Security (OTS) Executive Director Paul Retter and Australian Information Commissioner John McMillan to remove a privacy quality assurance program. According to an OTS spokesman, it was deemed that because "no personal information would be collected, stored or disclosed during the body-scanning process, the National Privacy Principles did not apply," the report states.
 
HEALTHCARE PRIVACY-AUSTRALIA
 
Questions Remain About EHR Plan
Doctors and consumers still have questions about how the soon-to-be implemented e-health system will work, reports ABC. Heather Ewart talks to representatives from the Australian Medical Association (AMA) and National E-Health Transition Authority, who voice concerns about the management and security of the information in the system as well as doctors' liability in terms of reading all the information in a patient's file. The system is expected to go into effect in two weeks, but many healthcare providers are not "rushing to the fountain," the article states. And Steve Hambleton, federal president of the AMA, says one reason may be there's "no business case" for medical professionals or organisations to sign up.
 
SOCIAL NETWORKING
 
Posting Holiday Photos May Invite Burglary
A report in The Age details ways in which posting information about your upcoming trip or holiday photos to social networking sites could lead criminals to target you. ''Not only are you telling me where you are, you're telling me where you're not,'' said one cyber-safety consultant, adding, "police don't ask about social media when they attend burglaries, we have no idea of the extent of the problem." Geo-tags, which are automatically included on photos taken with most smartphones, identify photo locations and can be extracted on many photo-sharing applications, so even if you don't post your location, others can decipher it.
 
PRIVACY LAW-UK
 
ICO Reopens Street View Investigation
Steve Eckersley, enforcement chief of the UK Information Commissioner's Office (ICO), sent a letter to Google executive Alan Eustace saying the ICO is reopening its investigation into the collection of personal data by Google's Street View service, reports The Washington Post. An April U.S. Federal Communications Commission report found that Google deliberately collected the data. According to Eckersley's letter, the ICO was told the collection was a "simple mistake," adding, "If the data was collected deliberately, then it is clear that this is a different situation than was reported to us in April 2010." Google responded in a statement saying, "We're happy to answer the ICO's questions." On Tuesday, Google released documents relating to the U.S. federal investigation into its activities, including affidavits from nine people denying any knowledge of the data collection. (Registration may be required to access this story.)
 
BEHAVIORAL TARGETING
 
Online Ads To Match Your Emotions
Microsoft has filed patents for tracking systems "to match online advertisements to moods," The Toronto Star reports. The systems would track emotions "including facial expressions captured in video conversations and Facebook status updates," the report states, and could result in, for example, "weight-loss ads matched with unhappy people--who are more likely to want to change their lifestyle--and electronic ads with happy people--who are more likely to spend." Privacy advocates are questioning such mood-tracking technology. "Definitely when you're talking about people's emotional states, you're getting closer to sensitive data that relates to their identity," said Tamir Israel of the Canadian Internet Policy & Public Interest Clinic.
 
MOBILE PRIVACY
 
Report: Apple To Release New Tracking Tool
In what The Wall Street Journal reports is "the company's latest attempt to balance developers' appetite for targeting data with consumers' unease over how it is used," Apple will reportedly release a new tracking tool for mobile app developers. While Apple declined to comment, individuals briefed about the plan have indicated the tool aims to better protect user privacy. "How Apple's new technology works and what it will allow developers to track remains unclear," the report states. "One of the people briefed said that the new anonymous identifier is likely to rely on a sequence of numbers that isn't tied to a specific device." (Registration may be required to access this story.)

PRIVACY LAW -- NEW ZEALAND & EU

EU "May Be Close" to Finding NZ Privacy Law Adequate

COMPUTERWORLD reports that the EU "may be close" to finding New Zealand's privacy legislation "adequate." The EU Article 29 Working Party last April recommended adequacy status for New Zealand, and in a letter this week to EU Justice Commissioner Viviane Reding, Working Party Chairman Jacob Kohnstamm wrote, "Since more than a year has passed, I would like to urge the commission to make progress...and convene a meeting of the (relevant) committee as soon as possible." A spokesperson for New Zealand Privacy Commissioner Marie Shroff said the office is unable to comment on the Trans-Pacific Partnership agreement. An adequacy finding would ease data transfer restrictions between the two jurisdictions.  

PRIVACY LAW -- AUSTRALIA
Experts Assess Privacy Act Reforms
As Australians observe Privacy Awareness Week, COMPUTERWORLD reports on the history of the government's reforms to the Privacy Act since 2006 and what the reforms could mean for the digital environment. A representative from Xamax Consultancy, Roger Clarke, said that reforms to the Privacy Act have progressed "extraordinarily slowly, and they still haven't really reached any point of resolution..." An AGW Consulting representative suggested the main impact of the reforms "will be dealt out in the second tranche response by the government." Clarke says he wants the privacy commissioner to be granted "real power to do real things and solve problems," and both consultants support civil remedies, which will force companies to be more responsible, the report states.  
DATA LOSS -- NEW ZEALAND
Victims File Complaint with Privacy Commissioner
At least three ACC claimants who have had their personal information compromised have filed a complaint with Privacy Commissioner Marie Shroff, The Northern Advocate reports. The ACC advocate representing the victims said, "My main concern with the information being leaked unintentionally, the information consisted of not only medical issues, but there is a legal component to these files."
PERSONAL PRIVACY -- NEW SOUTH WALES
State Government Limits Property Records Access
The state government is limiting access to certain property records based on citizens' complaints about marketers using information held in the records to sell goods, The Sydney Morning Herald reports. "While the number of complaints may be small, all potential breaches of privacy are taken seriously and actively investigated," said a Department of Sustainability and Environment spokeswoman, adding, "any activity that might constitute a breach of an individual's privacy and implied misuse of the property sales information is unacceptable."
HEALTHCARE PRIVACY -- AUSTRALIA
Opinion: EHRs Raise Privacy Concerns
In light of a recent study that revealed a rise in patient record breaches in the U.S., a column in CSO stresses that "Australian medical experts warn that patient safety could be put at risk" once health records in Australia go digital. Three experts from the Medical Journal of Australia wrote, "It is not yet possible to make any definitive statement about whether the personally controlled electronic health record is safe or not." 
PRIVACY LAW -- SOUTH KOREA
Resident Numbers Will No Longer Be Collectable
Websites and companies will no longer legally collect resident registration numbers following the approval of a government initiative for improved data protection, The Korea Herald reports. The Korea Communications Commission, the Ministry of Public Administration and Security and the Financial Services Commission's joint plan has received final approval. It will first prohibit the online sector from collecting resident registration numbers--followed by public and private companies in phases, the report states. The plan responds to a number of hacking incidents and identity thefts and aims to reduce the amount of personal data collected and used. Additional regulations will come as data protection law is revised later this year.
ONLINE PRIVACY
Critics Say Terms of Service Allows for Lack of Privacy
The New York Times reports on concerns about Google's recently released online storage service, Google Drive. The service offers free storage of documents, pictures and video, among other data. But critics say Drive falls under Google's terms of service, which allow the company to use the stored content for its own purposes. The Electronic Privacy Information Center's Marc Rotenberg said the terms of service are "bad, but even worse is that Google has made clear it will change its terms of service whenever it wishes." A Google representative, however, said the company doesn't "take personal information and use it in a way that we don't represent to the user." (Registration may be required to access this story.)
 

 

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