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    Archive for the ‘Biometrics’ Category

    As COPPA Turns 20, What’s Next for Children’s Privacy?

    Monday, October 29th, 2018

    The Children’s Online Privacy Protection Act became law in October 1998, and the Federal Trade Commission promulgated its rule concerning the law in the next couple of years. It has been 20 years of ups and downs for privacy protection for children’s data. There continue to be numerous privacy challenges for parents seeking to safeguard their children’s personal information.

    As soon as they are born and are issued identification numbers, children face the risk of identity theft. Such thefts can be undetected for years, until a young adult has reason to use her Social Security Number for a loan or credit card. We have schools tracking children (and college students) with camera surveillance systems or RFID-enabled school uniforms or ID cards. Some schools started using biometric ID systems for students to pay for their lunches. There are concerns about tracking apps such as ClassDojo, which can be used by teachers and parents to monitor students’ progress.

    The FTC marked the 20th anniversary by noting it has made changes to its Rule over the years: “by amending the Rule to address innovations that affect children’s privacy – social networking, online access via smartphone, and the availability of geolocation information, to name just a few. After hosting a national workshop and considering public comments, we announced changes to the Rule in 2013 that expanded the types of COPPA-covered information to include photos, video, or audio files that contain a child’s image or voice.” Read more »

    In Schools, Camera Use Grows Beyond Security Into Evaluating Student Performance

    Friday, July 27th, 2018

    Security in school has increasingly included surveillance of schools. Previously, we discussed some schools using RFID-enabled school uniforms or cards to track students. There’s also been discussion of the use of video surveillance systems, also called CCTV for closed-circuit television, in schools. As the installation of such surveillance systems in K-12 grades and colleges and universities became widespread, officials said the systems were for improved security and to be used by school security or police. But video surveillance has begun spreading beyond security in some schools.

    Several years ago, ten schools in the United Kingdom began using facial-recognition camera surveillance systems to make sure students “have turned up, records whether they were on time or late and keeps an accurate roll call,” reported the Daily Mail. And earlier this year, India’s capital of Delhi announced that it “said CCTV will be installed in all government schools within three months” and “Parents in India’s capital will soon be able to watch their children in the classroom in real time, using a mobile phone app,” reported BBC News. (And several schools in India have used RFID technology to track students, including for attendance logs.)

    But an even more intimate use of camera surveillance in classrooms is being used in China. People’s Daily Online reports:

    The “intelligent classroom behavior management system” used at Hangzhou No. 11 High School incorporates a facial recognition camera that scans the classroom every 30 seconds. The camera is designed to log six types of behaviors by the students: reading, writing, hand raising, standing up, listening to the teacher, and leaning on the desk. It also records the facial expressions of the students and logs whether they look happy, upset, angry, fearful or disgusted.

    Read more »

    After Death, Who Can Access Your Fingerprints for Security Issues?

    Thursday, April 26th, 2018

    Two Florida detectives tried to use a dead man’s fingerprints to unlock his phone, the Tampa Bay Times reported, and that act raised privacy questions.

    Linus F. Phillip “was shot and killed [by a Largo, Fla., police officer] March 23 at a Wawa gas station after police said he tried to drive away when an officer was about to search him,” the Times reported. Later, two detectives came to the Sylvan Abbey Funeral Home in Clearwater with Phillip’s phone, according to Phillip’s fiancee, Victoria Armstrong. “They were taken to Phillip’s corpse. Then, they tried to unlock the phone by holding the body’s hands up to the phone’s fingerprint sensor,” the Times reported.

    Phillip’s fiancee is upset. She was not notified that the detectives would be coming to the funeral home, and the police did not get a warrant for their actions.

    Although the detectives’ actions have been criticized as unethical, they are legal because dead people have fewer rights than the living, especially concerning privacy and search and seizure. The courts have split on whether living defendants can be forced to use biometrics such as fingerprints or facial scans to unlock their mobile devices. (Another difference from the Phillips case is that these court cases involved warrants.) Read more »

    You Could Be Penalized for Refusing to Give Genetic Data to Your Employer

    Thursday, March 16th, 2017

    In 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act (Pub. L. 110-233). GINA restricts the collection and use of genetic information in a number of ways. GINA prohibits health insurance providers and employers from requiring genetic testing. Under the federal law, genetic data cannot be used to determine insurance premiums, eligibility for insurance, or employment.

    States have also passed laws to protect individuals’ genetic privacy. Shortly after the passage of GINA, Illinois passed what would become Public Act 095-0927 (pdf), “An Act concerning health,” which strengthened privacy protections already in place under the Illinois Genetic Information Privacy Act of 1998. And in 2011, California Gov. Jerry Brown (D) signed SB 559, the California Genetic Information Nondiscrimination Act (CalGINA) (pdf). Going beyond the federal GINA, CalGINA also prohibits genetic discrimination in housing, mortgage lending, employment, health insurance coverage, life insurance coverage, education, public accommodations, and elections.

    These laws are meant to protect employees’ privacy from employer access and to shield them from discrimination based on their genetic data, but the federal GINA could be undermined if a bill being considered in Congress becomes law. Read more »

    It’s Becoming Easier to Have Detailed Secret Surveillance from a Distance

    Wednesday, November 23rd, 2016

    The idea of secret surveillance from a distance isn’t new. For centuries, there have been undercover agents. Subsequently, there came hidden cameras and microphones. But there were limitations to this secret surveillance — such as the physical constraints of a human or camera located far from the person being watched. As surveillance technology has become more sophisticated, however, it is becoming easier to identify, watch, listen to, and judge people from a distance.

    The judgment portion is, in part, based on biometric facial-recognition technology that incorporates expression recognition. For the unseen eyes, it’s no longer just about identifying a person, but also about watching their emotional responses. This type of facial-recognition tech gained attention a few years ago when Microsoft filed a patent for technology that would track individuals’ emotions and target advertising and marketing as based upon a person’s mood.

    “Degrees of emotion can vary — a user can be ‘very angry’ or ‘slightly angry’ — as well as the duration of the mood. Advertisers can target people ‘happy for one hour’ or ‘happy for 24 hours,’” the Toronto Star reported in 2012. Four years later, the mood-identification technology can be bought off the shelf, as NBC News explains in a story about “a new immersive experience for moviegoers.” Read more »

    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 »