Buses, bingo and bins – and the need for privacy to be designed

January 21, 2011

Buses, bingo and bins. Probably not the first things that come to your mind when you think of privacy.

Yet in recent days, privacy issues have impacted school buses, casinos and garbage bins. This may seem odd when most privacy news stories these days deal with Facebook and other websites. But the world of privacy is increasingly affecting just about every segment of society. Read more>>


How to monitor your reputation on social networks

November 15, 2010

CTV News has an excellent article that discusses important issue of how to monitor your reputation on social networks. While including some practical tips, the article discusses the importance of being proactive with your online reputation and privacy in what is described as “this Wild West world”.


Lessons from the Veteran Affairs Canada privacy breach

October 8, 2010

The recent headlines over the Veteran Affairs Canada privacy breach should serve as a useful reminder to all organizations – public and private sector – of the necessity to implement internal policies and procedures for the management of personal information. Much attention is paid these days by the media to privacy breaches that involve external parties, such as hackers, who foil the security safeguards of organizations. However, in my experience the bigger threat to privacy if often from within an organization.

In this recent case involving Veteran Affairs, a veteran had filed a complaint with the Office of the Privacy Commissioner of Canada (“OPC”) alleging that Veterans Affairs had violated the Privacy Act by including excessively detailed and sensitive medical information in briefing notes to the Minister of Veterans Affairs. The complainant also alleged that Veteran Affairs had transferred his medical file to a hospital administered by Veterans Affairs without his consent.

The OPC has issued the following formal recommendations to Veterans Affairs, but they should also serve as useful recommendations to other organizations:

  • “Take immediate steps to develop an enhanced privacy policy framework with adequate protections and controls to regulate access to personal information within the department.
  • Revise existing information-management practices and policies to ensure that personal information is shared within the department on a need-to-know basis only.  Personal information, including but not limited to sensitive medical information, should not be shared with programs that have no operational requirements for access to such information.
  • Provide training for employees about appropriate personal information-handling practices.
  • Review procedures to ensure that consent is obtained prior to personal information being transferred to veterans’ hospitals.”

Data Security Budgets to Rocket

September 16, 2010

PriceWaterhouseCoopers (PWC) has just released its Global State of Information Security Survey, which says that corporate spending on data security will increase sharply in the coming years.   ComputerWeekly.com reports that more than half of respondents to the PWC survey say that their companies plan to spend more on technological defences against security breaches, an increase of 14% from last year.  The survey also reveals that the impact of security breaches is growing.  According to ComputerWeekly.com ”the number of companies reporting financial losses from data breaches increased 6% in the past year to 20%, up from only 8% in 2008.  Intellectual property theft has increased to effect 15% of companies reporting data breaches, up from just 5% in 2008.  An increase in the number of sophisticated attacks aimed at stealing information from specific companies is also driving increased security spending according to the Financial Times.” 

The PWC survey demonstrates that spending is shifting to monitoring of company networks, at a time when more employees are bringing their own PDA’s and computers into the workplace.  But as PWC states, businesses should be making employees the first line of defence against data leaks. 

The PWC survey and commentary serves as a reminder of the need to focus resources for data security (and privacy law compliance) strategically. This means investing in technological safeguards but it should mean investing in privacy training for your staff.  It’s an important point because so many of the privacy breaches these days result from mistakes, or human error, by one’s own employees.  I’d suggest that you compare your organization’s line item for network monitoring with your line item (if it exists) for privacy training. Are your privacy risk mitigation efforts as strategic as they could be?


Copy machines, a security risk?

May 11, 2010

CBS News has an excellent investigative report here (on YouTube) about the security risks associated with copy machines. Members of the Privacy Forum will already know about this issue because we’ve previously highlighted it and relevant risk mitigation steps in the Canadian privacy law context. However, if you’re not aware of the issue then this report is a “must-see”.


Today’s “buzz” on Google Buzz offers lesson for new service roll-outs

April 20, 2010

Canada’s Privacy Commissioner, Jennifer Stoddart, has teamed up with nine other country’s privacy watchdogs today to warn Google and other organizations to better respect people’s privacy rights. The privacy commissioners have sent a letter to Google, accusing it of overlooking privacy values and legislation in launching new online products.

The privacy commissioners’ letter states, “we are increasingly concerned that, too often, the privacy rights of the world’s citizens are being forgotten as Google rolls out new technological applications. We were disturbed by your recent rollout of the Google Buzz social networking application, which betrayed a disappointing disregard for fundamental privacy norms and laws… Unfortunately, Google Buzz is not an isolated case. Google Street View was launched in some countries without due consideration of privacy and data protection laws and cultural norms. In that instance, you addressed privacy concerns related to such matters as the retention of unblurred facial images only after the fact, and there is continued concern about the adequacy of the information you provide before the images are captured… We therefore call on you, like all organizations entrusted with people’s personal information, to incorporate fundamental privacy principles directly into the design of new online services. That means, at a minimum:

  • collecting and processing only the minimum amount of personal information necessary to achieve the identified purpose of the product or service;
  • providing clear and unambiguous information about how personal information will be used to allow users to provide informed consent;
  • creating privacy-protective default settings;
  • ensuring that privacy control settings are prominent and easy to use;
  • ensuring that all personal data is adequately protected, and
  • giving people simple procedures for deleting their accounts and honouring their requests in a timely way.”
  • The privacy commissioners’ demand that Google and other organizations better incorporate privacy into the design of new online services underscores the need for the “Privacy by Design” initiative that Ontario’s Information and Privacy Commissioner recently discussed in my “A Conversation with Dr. Ann Cavoukian” post. All organizations, regardless of their size (after all, we’re all not Google), would be well-advised to learn from today’s “buzz” about Google Buzz.


    Should you say “no” to the police?

    April 7, 2010

    Imagine this scenario… The police show up at your office and demand access to records relating to one of your customers. You want to help the police (as you should), but are concerned about violating your customer’s privacy rights. What should you do?

    Well, the first thing you should do is ask the police for written documentation relating to their request. You should also immediately contact a lawyer with appropriate expertise because this type of scenario can be a legal minefield. For example, are you actually dealing with the police or some bold scam artist? Do the police have the legal authority to demand the requested information? Should they have a warrant?

    Presuming that you end up providing the records to the police, you’ll need to ensure that you’re not providing too much information. If the records of your customer are co-mingled with another individual, you’ll need to consider whether you can legally provide the police with access to the other person’s information. Are you then barred from telling the customer that the police were at your office? What sort of internal records should you keep to document that the police accessed your files? How long do you need to keep those internal records?

    It’s never fun to say “no” to the police. They are, after all, typically armed. But hopefully the police will make it easy for you to satisfy yourself, and your lawyer, that working cooperatively with them won’t violate your customer’s privacy and unnecessarily exposing your business to liability.


    58% of employees prepared to illegally download company/competitive data

    November 28, 2009

    According to a Cyber-Ark survey entitled “The Global Recession and its effect on Work Ethics” (link below), 58% of U.S. employees surveyed said that if they thought their job was at risk they would, as a pre-emptive move, be prepared to download company/competitive data. Fifty two per cent (52%) said that if they were fired tomorrow they’d take their employer’s customer and contacts data.

    More disturbingly, 51% said it’s “easy” to take sensitive information out of their company and, as reported by Out-Law.com, 85% were aware that it’s illegal to download corporate information.  The favoured medium for stealing corporate information is a USB memory stick followed by e-mail. 

    As I’ve mentioned in previous posts rogue employees pose a risk to privacy compliance and, as a result, corporate information requires safekeeping.  In today’s economy, information is the most valuable corporate asset.  For this reason, businesses of all sizes should take proactive steps to protect corporate data.  Whether it’s customer or supplier lists, intellectual property or employee personal information, it’s information that needs safekeeping, especially when we see statistics like those reported above.

    The Global Recession and its effect on Work Ethics


    2010 Privacy Prep Webinar: New dates added

    November 23, 2009

    I’ll be hosting a 2010 Privacy Prep Webinar on Tuesday, January 12th from 12:00 – 12:30 PM (CST). (FULL)  Due to high demand, new dates added: Wednesday, January 13th from 12:00 – 12:30 PM (CST) and Thursday, January 14th from 12:00 – 12:30 PM (CST).

    This complimentary 30 minute webinar will provide a plain language overview of the most significant privacy issues/events of 2009 and, more importantly, prepare you and your business for 2010.  Among other things, I’ll highlight notable court cases and privacy commissioner findings from 2009 as well as point out anticipated privacy issues likely to affect Canadian businesses in the coming year.

    Space is limited so please RSVP early by emailing me at bowman@pitblado.com.


    Rogue employees pose risk to privacy compliance, corporate info

    November 18, 2009

    The U.K.’s Huffington Post is reporting that a rogue employee of a major mobile phone company has illegally sold millions of customer records to rival companies.  Apparently, customers’ personal information (including contract expiry dates) was sold to several rivals, which then used the material to cold-call customers to offer them an alternative deal.

    As I’ve previously written, information really is the most valuable corporate asset. And for this reason, businesses of all sizes should take steps to protect corporate information regardless of whether it is stored online or off-line. Whether it’s customer or supplier lists, intellectual property or employees’ personal information, it’s information that needs safekeeping. 

    This case should serve as a reminder that corporate safekeeping practices must include protecting data from rogue employees.


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