Category: USA

The Article 29 Working Party put a bad light on Yahoo and WhatsApp

31. October 2016

The IAPP reported, that the Article 29 Working Party issued a warning concerning possible violations of European data protection regulations in form of a letter to both Yahoo and Whatsapp.

Both companies have been topic of public debate due to the way they handle the personal data of users. The concerns of the Article 29 Working Party regarding WhatsApp are that the company shares data with Facebook. Whereas, the objections towards Yahoo are raised due to both data breaches in 2014 and due to the allegation that the company scans incoming user emails for U.S. law enforcement agencies.

Therefore, the Article 29 Working Party requests that both companies provide more information on the problems. It can not be ruled out that investigations are launched and fines are imposed.

EU-U.S. Privacy Shield is being challenged

28. October 2016

As the website of the European Court of Justice just released, is the EU-U.S. Privacy Shield being challenged by Digital Rights Ireland, an Irish privacy advocacy group.

The facts of this case (Digital Rights Ireland v Commission; Case T-670/16) are as follows:

  • Digital Rights Ireland has filed an action for annulment against the European Commission’s adequacy decision on the EU-U.S. Privacy Shield.
  • There has been no comment from Digital Rights Ireland yet.
  • No documents have been published with regard to the case so far.
  • However, as HuntonPrivacyBlog reported “(…) media sources quote a spokesperson for the European Commission acknowledging the case and stressing the European Commission’s conviction that the Privacy Shield meets all legal requirements.”

What to do in case of a data breach?

27. October 2016

The Federal Trade Commision just released Guidelines on how to act in case of a data breach. These are called Data Breach Response: A Guide for Business and also include a video and a business blog.

These Guidelines state the most imprtant steps to be taken in order to protect customer information:

  • securing physical areas
  • removal of improperly posted information from the web
  • take service providers into account
  • providing breach notification
  • information about whom to contact in case of a data breach eg. law enforcement, affected businesses, and individuals

Furthermore, a model data breach notification letter is also included so that companies get to know the best way to alert concerned parties about an attack.

Amendments to adequacy decisions and decisions on European Model Clauses?

25. October 2016

After a meeting of the Article 31 Committee, the European Commission disclosed two drafts concerning the implementation of amendments to the existing adequacy decisions and decisions on EU Model Clauses.

First of all, adequacy decisions determine whether a third country provides adequate safeguards in order to protect personal data. These decisions are made by the Commission after an assessment of the national laws and international commitments in terms of data protection of the respective country. In the following, countries which are established to be adequate are added to the Commission’s “white list”. Therefore, data transfers can be made from the EEA to that country without any further legal requirements.

The opinion concerning these amendments is divided. Some European Member States which participated at the Article 31 Committee meeting were for implemnting theses amendments. However, other European Member States requested more time in order to consider the proposed changes.

Due to this conflict another meeting has to be scheduled to which the  Article 29 Working Party will be aksed to contribute by presenting its views on the respective changes.

Decision in Microsoft case about to be challenged

18. October 2016

As the Washington Post reported, the Justice Department asked the appeals court for the Southern District of New York to look at the decision concerning Microsoft’s refusal to comply with a search warrant for an alleged drug trafficker’s emails stored on a server in Ireland.

The case which this ruling was based on dealt with Microsoft receiving a warrant in December 2013. However, although it originally has been a case of compliance with a federal law enforcement request, now turned out to be a discussion over government access to digital data held overseas. This is due to increasing challenges to governments if they try to intercept data across borders.

Therefore, Microsoft and a number of tech firms and privacy groups reason that in case the government’s view will be applied, the outcome will be that U.S.-american businesses might lose billions of dollars in revenue.

 

According to a global survey companies are not ready for the GDPR

12. October 2016

Dell just published the results of a global survey about the GDPR perceptions and readiness. Among other findings, the main result is the lack of awareness of the requirements, the preparation and the impact:

  • More than 60 % answered that they are aware that something is going on with the GDPR. However, they said that they do not know what exactly is happening.
  • Just 4 % outside of Europe commented that they are very knowledgeable about the details of the GDPR. Nevertheless, only 6 % of those in Europe answered that they are very familiar with the requirements.
  • On top of this, less than 1 of 3 companies feel that they are prepared for the GDPR.
  • Furthermore, about 70 % said that their company is definitely not, or do not know if their company is, prepared for the GDPR today. However, only 3 % of them have a plan in order to get ready.
  • Fewer than 50 % commented that they feel confident to be ready in time when the GDPR comes into effect in 2018. Nevertheless,  just 9 % expect to be fully prepared.

 

Data breach might cost Yahoo $1billion

11. October 2016

The New York Post published that Verizon, which is about to purchase Yahoo for $4.8 billion, is now asking Yahoo for a $1 billion discount.

This is due to the fact that Yahoo announced only two weeks ago that it had been hacked two years ago and that at this time usernames and passwords for 500 million accounts were stolen. Furthermore, it was revealed that Yahoo had been ordered by a secret Foreign Intelligence Surveillance Court to investigate emails for terrorist signatures under the Foreign Intelligence Surveillance Act, but not under section 702.

According to the New York Post, a source said that AOL CEO, Tim Armstrong, “is getting cold feet” due to the “lack of disclosure” and therefore he is asking “Can we get out of this or can we reduce the price?”

 

Category: Data breach · USA
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Spains DPA: Investigations due to WhatsApp sharing data with Facebook

10. October 2016

After Hamburg’s Data Protection Commissioner strongly recommended that Facebook should stop processing German data gained from WhatsApp, after the U.K. Information Commissioner, the ICO, also started to investigate the agreement betweent WhatsApp and Facebook and after Italy’s data protection authority, the Garante, has started to look into this issue, now Spain’s data protection authority, the AEPD, raises concerns.

Therefore, Spain’s data protection authority advises users to read the terms and conditions especially before accepting them. Furthermore, it offers guidance on changing the respective settings.

MasterCard: Biometric Corporate Card Program is now also available in Germany

7. October 2016

A new biometric corporate credit card programm, called Identity Check Mobile, has been released by BMO Financial Group (BMO) and MasterCard in Canada and in the U.S. at the beginning of the year.

This programm enables cardholders to verify their transactions by using facial recognition and fingerprint biometrics in case they purchase online.

Introducing this verification process will increase security when purchasing without a face-to-face interaction so that the possibility of a card being used by anyone who is not the cardholder will be reduced.

Steve Pedersen, Vice President, Head, North American Corporate Card Products, BMO Financial Group commented on the programm by saying “The use of biometric technology has become more common for consumers looking for convenient and secure ways to make purchases using their smartphones, so this was the natural next step for us as innovators in the payment security space” he continued  “Mitigating the risk of fraud is always our top priority, and the inclusion of this technology is going to make payment authentication easier, and strengthen the security of the entire payments ecosystem.”

MasterCard just published that starting from the 4th Octobre 2016 this form of payment is also available in Germany.

Apple offers hackers up to $200,000

29. September 2016

Forbes just released an article saying that Apple invited some of the best hackers to its headquarter in Cupertino.

Among them:

  • the 19-year-old teenage prodigy who was the first to jailbreak an iPhone 7, and therefore now being a world-renowned iOS hacker as well as an
  • ex-NSA employee who has repeatedly found security lacks concerning Mac OS X  Luca Todesco.

The meeting should have been secret and kept confidential, but unfortunately some details leaked. So for example that Apple plans to brief them on the launch of its bug bounty program. The hackers will be rewarded with up to $200,000 in case they can provide Apple with information on vulnerabilities about its laptops and phones. Furthermore, the mentioned program is expected to be put into effect before the end of the month due to the fact that this has been promised at the Black Hat security conference in Las Vegas last months. Nevertheless, Apple pursues an invite-only list-strategy in order to get quality over quantity.

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