Entries Tagged "data protection"

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California Passes New Privacy Law

The California legislature unanimously passed the strongest data privacy law in the nation. This is great news, but I have a lot of reservations. The Internet tech companies pressed to get this law passed out of self-defense. A ballot initiative was already going to be voted on in November, one with even stronger data privacy protections. The author of that initiative agreed to pull it if the legislature passed something similar, and that’s why it did. This law doesn’t take effect until 2020, and that gives the legislature a lot of time to amend the law before it actually protects anyone’s privacy. And a conventional law is much easier to amend than a ballot initiative. Just as the California legislature gutted its net neutrality law in committee at the behest of the telcos, I expect it to do the same with this law at the behest of the Internet giants.

So: tentative hooray, I guess.

Posted on July 3, 2018 at 10:24 AMView Comments

New Data Privacy Regulations

When Mark Zuckerberg testified before both the House and the Senate last month, it became immediately obvious that few US lawmakers had any appetite to regulate the pervasive surveillance taking place on the Internet.

Right now, the only way we can force these companies to take our privacy more seriously is through the market. But the market is broken. First, none of us do business directly with these data brokers. Equifax might have lost my personal data in 2017, but I can’t fire them because I’m not their customer or even their user. I could complain to the companies I do business with who sell my data to Equifax, but I don’t know who they are. Markets require voluntary exchange to work properly. If consumers don’t even know where these data brokers are getting their data from and what they’re doing with it, they can’t make intelligent buying choices.

This is starting to change, thanks to a new law in Vermont and another in Europe. And more legislation is coming.

Vermont first. At the moment, we don’t know how many data brokers collect data on Americans. Credible estimates range from 2,500 to 4,000 different companies. Last week, Vermont passed a law that will change that.

The law does several things to improve the security of Vermonters’ data, but several provisions matter to all of us. First, the law requires data brokers that trade in Vermonters’ data to register annually. And while there are many small local data brokers, the larger companies collect data nationally and even internationally. This will help us get a more accurate look at who’s in this business. The companies also have to disclose what opt-out options they offer, and how people can request to opt out. Again, this information is useful to all of us, regardless of the state we live in. And finally, the companies have to disclose the number of security breaches they’ve suffered each year, and how many individuals were affected.

Admittedly, the regulations imposed by the Vermont law are modest. Earlier drafts of the law included a provision requiring data brokers to disclose how many individuals’ data it has in its databases, what sorts of data it collects and where the data came from, but those were removed as the bill negotiated its way into law. A more comprehensive law would allow individuals to demand to exactly what information they have about them­ — and maybe allow individuals to correct and even delete data. But it’s a start, and the first statewide law of its kind to be passed in the face of strong industry opposition.

Vermont isn’t the first to attempt this, though. On the other side of the country, Representative Norma Smith of Washington introduced a similar bill in both 2017 and 2018. It goes further, requiring disclosure of what kinds of data the broker collects. So far, the bill has stalled in the state’s legislature, but she believes it will have a much better chance of passing when she introduces it again in 2019. I am optimistic that this is a trend, and that many states will start passing bills forcing data brokers to be increasingly more transparent in their activities. And while their laws will be tailored to residents of those states, all of us will benefit from the information.

A 2018 California ballot initiative could help. Among its provisions, it gives consumers the right to demand exactly what information a data broker has about them. If it passes in November, once it takes effect, lots of Californians will take the list of data brokers from Vermont’s registration law and demand this information based on their own law. And again, all of us — regardless of the state we live in­ — will benefit from the information.

We will also benefit from another, much more comprehensive, data privacy and security law from the European Union. The General Data Protection Regulation (GDPR) was passed in 2016 and took effect on 25 May. The details of the law are far too complex to explain here, but among other things, it mandates that personal data can only be collected and saved for specific purposes and only with the explicit consent of the user. We’ll learn who is collecting what and why, because companies that collect data are going to have to ask European users and customers for permission. And while this law only applies to EU citizens and people living in EU countries, the disclosure requirements will show all of us how these companies profit off our personal data.

It has already reaped benefits. Over the past couple of weeks, you’ve received many e-mails from companies that have you on their mailing lists. In the coming weeks and months, you’re going to see other companies disclose what they’re doing with your data. One early example is PayPal: in preparation for GDPR, it published a list of the over 600 companies it shares your personal data with. Expect a lot more like this.

Surveillance is the business model of the Internet. It’s not just the big companies like Facebook and Google watching everything we do online and selling advertising based on our behaviors; there’s also a large and largely unregulated industry of data brokers that collect, correlate and then sell intimate personal data about our behaviors. If we make the reasonable assumption that Congress is not going to regulate these companies, then we’re left with the market and consumer choice. The first step in that process is transparency. These new laws, and the ones that will follow, are slowly shining a light on this secretive industry.

This essay originally appeared in the Guardian.

Posted on June 8, 2018 at 6:48 AMView Comments

TSB Bank Disaster

This seems like an absolute disaster:

The very short version is that a UK bank, TSB, which had been merged into and then many years later was spun out of Lloyds Bank, was bought by the Spanish bank Banco Sabadell in 2015. Lloyds had continued to run the TSB systems and was to transfer them over to Sabadell over the weekend. It’s turned out to be an epic failure, and it’s not clear if and when this can be straightened out.

It is bad enough that bank IT problem had been so severe and protracted a major newspaper, The Guardian, created a live blog for it that has now been running for two days.

The more serious issue is the fact that customers still can’t access online accounts and even more disconcerting, are sometimes being allowed into other people’s accounts, says there are massive problems with data integrity. That’s a nightmare to sort out.

Even worse, the fact that this situation has persisted strongly suggests that Lloyds went ahead with the migration without allowing for a rollback.

This seems to be a mistake, and not enemy action.

Posted on April 27, 2018 at 6:00 AMView Comments

Yacht Security

Turns out, multi-million dollar yachts are no more secure than anything else out there:

The ease with which ocean-going oligarchs or other billionaires can be hijacked on the high seas was revealed at a superyacht conference held in a private members club in central London this week.

[…]

Murray, a cybercrime expert at BlackBerry, was demonstrating how criminal gangs could exploit lax data security on superyachts to steal their owners’ financial information, private photos ­ and even force the yacht off course.

I’m sure it was a surprise to the yacht owners.

Posted on May 15, 2017 at 6:02 AMView Comments

New Rules on Data Privacy for Non-US Citizens

Last week, President Trump signed an executive order affecting the privacy rights of non-US citizens with respect to data residing in the US.

Here’s the relevant text:

Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.

At issue is the EU-US Privacy Shield, which is the voluntary agreement among the US government, US companies, and the EU that makes it possible for US companies to store Europeans’ data without having to follow all EU privacy requirements.

Interpretations of what this means are all over the place: from extremely serious, to more measured, to don’t worry and we still have PPD-28.

This is clearly still in flux. And, like pretty much everything so far in the Trump administration, we have no idea where this is headed.

Posted on January 30, 2017 at 6:04 AMView Comments

Indiana's Voter Registration Data Is Frighteningly Insecure

You can edit anyone’s information you want:

The question, boiled down, was haunting: Want to see how easy it would be to get into someone’s voter registration and make changes to it? The offer from Steve Klink — a Lafayette-based public consultant who works mainly with Indiana public school districts — was to use my voter registration record as a case study.

Only with my permission, of course.

“I will not require any information from you,” he texted. “Which is the problem.”

Turns out he didn’t need anything from me. He sent screenshots of every step along the way, as he navigated from the “Update My Voter Registration” tab at the Indiana Statewide Voter Registration System maintained since 2010 at www.indianavoters.com to the blank screen that cleared the way for changes to my name, address, age and more.

The only magic involved was my driver’s license number, one of two log-in options to make changes online. And that was contained in a copy of every county’s voter database, a public record already in the hands of political parties, campaigns, media and, according to Indiana open access laws, just about anyone who wants the beefy spreadsheet.

Posted on October 11, 2016 at 2:04 PMView Comments

France Rejects Backdoors in Encryption Products

For the right reasons, too:

Axelle Lemaire, the Euro nation’s digital affairs minister, shot down the amendment during the committee stage of the forthcoming omnibus digital bill, saying it would be counterproductive and would leave personal data unprotected.

“Recent events show how the fact of introducing faults deliberately at the request — sometimes even without knowing — the intelligence agencies has an effect that is harming the whole community,” she said according to Numerama.

“Even if the intention [to empower the police] is laudable, it also opens the door to the players who have less laudable intentions, not to mention the potential for economic damage to the credibility of companies planning these flaws. You are right to fuel the debate, but this is not the right solution according to the Government’s opinion.”

France joins the Netherlands on this issue.

And Apple’s Tim Cook is going after the Obama administration on the issue.

EDITED TO ADD (1/20): In related news, Congress will introduce a bill to establish a commission to study the issue. This is what kicking the can down the road looks like.

Posted on January 20, 2016 at 5:02 AMView Comments

Sidebar photo of Bruce Schneier by Joe MacInnis.