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    Archive for the ‘Biometrics’ Category

    As biometrics use expands, privacy questions continue to fester

    Tuesday, April 19th, 2016

    As the costs of the technologies fall, biometric identification tools — such as fingerprint, iris or voice-recognition scanners — are increasingly being used in everyday life. There are significant privacy questions that arise as biometric data is collected and used, sometimes without the knowledge or consent of the individuals being scanned.

    Biometrics use has become more commonplace. Many smartphones, including iPhones, have fingerprint “touch” ID scanners that people can use instead of numeric passcodes. And law enforcement personnel have been using fingerprint scanners for years, both domestically and internationally. In the past few years, we’ve see banks capturing customers’ voice prints in order, the institutions say, to fight fraud. Or gyms asking members to identify themselves using their fingerprints. Reuters recently reported that companies are seeking to expand fingerprint-identification systems to credit cards and railway commuters.

    And the voluntariness of a person submitting his or her biometric has also been questioned. Do you realize when you’re calling your bank that you’re handing over your voice print? Another situation a few years ago in Washington, D.C., also raised at the issue of voluntariness. The District considered requiring that all visitors to its jail “have their fingerprints scanned and checked against law enforcement databases for outstanding warrants.” So if you wanted to visit a friend or relative who was in the D.C. jail, you would have to volunteer to submit your biometric data. The plan was dropped after strong criticism from the public and civil rights groups.

    Your biometric data can be gathered for any number of innocuous reasons. For example, I had to submit my fingerprints to obtain my law license, not because of a crime. Family members, roommates and business colleagues of crime victims have submitted fingerprints in order to rule out “innocent” fingerprints at a crime scene in a home or workplace. Some “trusted traveler” airport programs gather iris scans. Some companies use iris-recognition technology for their security systems. Read more »

    Obama’s new federal privacy council long overdue, but Americans need more protections

    Wednesday, February 24th, 2016

    Recently, President Obama released a package of cybersecurity reform proposals. Along with these proposals, Obama also unveiled a new executive order: “Establishment of the Federal Privacy Council.” The council will be composed of senior privacy officials from at least 24 federal agencies, including Cabinet-level departments and NASA and the Office of Personnel Management, and “may also include other officials from agencies and offices, as the Chair may designate.”

    The new council is tasked with developing, coordinating and sharing ideas and best practices for federal programs to protect privacy and implement “appropriate privacy safeguards” throughout the administration.

    Although the council’s mission is important, this move seems incomplete. First, such a concerted effort to improve privacy protections throughout the federal government should have begun years ago. If privacy and security protections for sensitive personal data had been prioritized, there might not have been the problems caused by the hacker attack last year against the Office of Personnel Management, which did not use encryption or other such security technology to protect the information (including fingerprints) of the millions of current and former federal employees affected. Read more »

    When Software Can Read Your Emotions as You Walk Down the Street

    Wednesday, April 22nd, 2015

    I’ve written before about the increasing use of “digital signage.” What is “digital signage”? Most people have heard of the term connected with billboards or other screens that have cameras (and facial-recognition technology) to watch people watching ads in order to target advertising toward individuals. The data-gathering and surveillance practices raise substantial privacy questions.

    The Los Angeles Times reported on the expansion of these digital billboards and their use of facial-recognition biometric technology in casinos, Chicago-area bars and more. USA Today and the New York Times have detailed safety problems that can arise from these digital billboards. BBC News has reported on the use of digital billboards in the United Kingdom. The Wall Street Journal has reported on digital signage use in Japan.

    Now, Wired reports on the more widespread use of software from the artificial intelligence startup Affectiva that “will read your emotional reactions” in real time. “Already, CBS has used it to determine how new shows might go down with viewers. And during the 2012 Presidential election, [Affectiva's chief science officer Rana el Kaliouby’s] team experimented with using it to track a sample of voters during a debate. Read more »

    Significant Problems in White House’s Draft Privacy Legislation

    Monday, March 2nd, 2015

    The Obama White House recently released its draft Consumer Privacy Bill of Rights Act (pdf) and a fact sheet. Parts of the draft legislation date to a 2012 white paper (pdf) that laid out a plan to better protect consumer privacy. And last year, the big data group that the White House convened also issued recommendations on privacy (pdf).

    The White House has taken important steps in highlighting that individuals need strong privacy protections for their data and in creating the draft legislation. And it is important that the draft legislation attempts to implement the Fair Information Practices: collection limitation, data quality, purpose specification, use limitation, security safeguards, openness, individual participation, and accountability. For example, the draft legislation gives several options for responding to companies that would violate the bill’s provisions, including allowing individuals and states attorneys general to file lawsuits.

    But there are several significant problems with the proposal that need to be addressed before it can move forward. (The draft does not yet have a legislative sponsor, which it would need in order to be introduced and debated in Congress.)

    One problem with the legislation: It would preempt state laws.

    SEC. 401. Preemption.
    (a) In General.—This Act preempts any provision of a statute, regulation, or rule of a State or local government, with respect to those entities covered pursuant to this Act, to the extent that the provision imposes requirements on covered entities with respect to personal data processing.

    Read more »

    Continuing Debate on Privacy and Use of Newborns’ Blood Samples

    Monday, December 1st, 2014

    There has been considerable debate about the ethical, privacy, and civil liberty issues surrounding the unauthorized or unknowing retention and use of babies’ blood samples for purposes other than disease-screening in the United States and abroad. Often, parents are not told of the possible lengthy data retention period, possible distribution to other agencies, and possible other purposes for which their children’s blood samples could be used. Now, WNCN in North Carolina looks at the situation, and what it finds shows there are also questions about de-identification or “anonymization” of newborns’ medical data.

    Asked what the government plans to do with the data, Scott Zimmerman, director of the N.C. State Public Health Lab, said, “So if an outside agency such as an academic institution approaches us and asks for dried blood spots, there are two approaches that can be taken. One, we can get parental consent to release that dried blood sample to an outside entity. We will not release any DBS that contains patient information without parental consent.”

    Zimmerman added, “The only other way DBS are released is if they are de-identified.”

    Researchers have shown that, often, data that has been de-identified can be re-identified (or “de-anonymized”), and sensitive data could be linked back to an individual. Therefore, there is a significant privacy concern for individuals’ whose information is shared, without their consent, in this manner.  Read more »

    Virginian-Pilot: Police can require cellphone fingerprint, not pass code

    Monday, November 3rd, 2014

    The Virginian-Pilot reports on a court case in Virginia concerning the privacy of mobile devices, specifically ones that are biometrically locked with a fingerprint, such as some of Apple’s iPhones and iPads. (Note that Lifehacker has a suggested-solution for the problem of a forced unlocking of a fingerprint ID device.) The Virginian-Pilot reports:

    VIRGINIA BEACH — A Circuit Court judge has ruled that a criminal defendant can be compelled to give up his fingerprint, but not his pass code, to allow police to open and search his cellphone.

    The question of whether a phone’s pass code is constitutionally protected surfaced in the case of David Baust, an Emergency Medical Services captain charged in February with trying to strangle his girlfriend. [...]

    Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci’s written opinion.