Category: Personal Data

The Video-conference service Zoom and its Data Security issues

20. April 2020

Amidst the Corona crisis, the video communications service Zoom gained enormous popularity. The rate of daily Zoom users skyrocketed from 10 Mio in December 2019 to 200 Mio in March 2020. As it outshined many of its competitors, Zoom labels itself as “the leader in modern enterprise video communications”. However, the company has been facing a lot of public criticism because of its weaknesses in data security and lack of awareness in data protection matters.

Basic data security weaknesses unfolded little by little starting in March 2020:

  • Zoom had to admit that it was wrongly advertising to provide full end-to-end encryption for all shared contents like video, audio or screen sharing.
  • Security experts revealed several bugs that could have allowed webcam and mic hijacking and the theft of login credentials.
  • An online Tech Magazine reported that Zoom leaked thousands of their users’ email addresses and photos to strangers.
  • Video-conferences which users did not protect with a password, enabled “Zoombombing”, a phenomenon in which strangers hijacked videocalls and disrupted them by posting pornographic and racist images as well as spamming the conversations with threatening language. In response, Zoom introduced the Waiting Room feature and additional password settings.

At the same time, Zoom’s data privacy practices came under scrutiny:

  • Zoom shared web analytics data with third-party companies for advertising purposes without having a legal basis or notifying users about this practice. In response to criticism, Zoom revised its privacy policy and now declares that it does not share data from meetings for advertising.
  • The company also shared more analytics data of its users with Facebook than stated on Zoom’s privacy policy, even if the user did not sign in with their Facebook account. Zoom introduced an update in which this sharing is terminated.
  • The New York Times revealed that Zoom used a data mining feature that matched Zoom users’ names and email addresses to their LinkedIn profiles without the users knowing about it. Zoom then enabled automatic sharing of the matched LinkedIn profiles with other meeting members that were subscribers of a LinkedIn service for sales prospecting (“LinkedIn Sales Navigator”). In response to criticism, Zoom removed this feature permanently.
  • Zoom hosted a feature called Attention Tracking, which let the meeting’s host know when an attendee had clicked away the meeting window for more than 30 seconds. In the meantime, Zoom disabled the feature.

The security and privacy issues of Zoom have led various public authorities and companies internationally to ban their workers from using the service.

On 1 April 2020, Zoom’s founder and CEO Eric S. Yuan announced a 90-day plan to significantly improve their data security in an effort to build greater trust with their users. This plan includes freezing the introduction of new features, enlarge their cybersecurity team and engage outside help from security advisors.

Greek Data Protection Authority releases Guidance on Cookies

16. March 2020

On 25 February 2020, the Hellenic Data Protection Authority (DPA) published a guidance on Cookies and other tracking tools. Previously, the Authority had found that Greek websites and service providers have been largely failing to comply with the rules on the use of Cookies and other trackers set out by the ePrivacy Directive and the GDPR, and reaffirmed by the European Court of Justice’s ruling on Planet 49.

The guidance states that it will be relevant to HTTP/S Cookies, Flash Cookies, local storage applying to HTML 5, device fingerprinting, OS identifiers, and material identifiers.

The Greek DPA reiterated that, generally, providers are obliged to obtain the user’s consent if they are using any tracking tools – irrespective of whether the processing of personal data is taking place. It also outlined that technically necessary trackers are exempt from the obligation to consent. Furthermore, the guidance goes into detail on how information and consent can be made available on websites specifically.

Lastly, the Authority has given Greek website providers a grace period of two months to implement the provisions of this guidance and thereby become compliant with the European rules on tracking tools.

Dutch DPA fines Tennis Association

12. March 2020

The Dutch Data Protection Authority has fined the Royal Dutch Tennis Association (“KNLTB”) with EUR 525,000 for selling personal data of more than 350,000 of its members to sponsors who had contacted some of the members by mail and telephone for direct marketing purposes.

In 2018, the KNLTB illegally provided personal data of its members to two sponsors for a fee. One sponsor received personal data from 50,000 members and the other sponsor from more than 300,000 members. It turned out that the KNLTB sold personal data such as name, gender and address to third parties without obtaining consent of the data subjects.

The KNLTB found that it had a legitimate interest in selling the data. However, the data protection authority rejected the existence of a legitimate interest for the sale of the data and therefore decided that there was no legal basis for the transfer of the personal data to the sponsors. The KNLTB has objected to the fine decision. The Dutch Data Protection Authority will assess this.

 

 

German Robert-Koch-Institute discusses mobile phone tracking to slow down the spreading of the Coronavirus

9. March 2020

According to a news report by the German newspaper “Der Tagesspiegel”, a small group of scientists at the Robert-Koch-Institute (RKI) and other institutions are currently discussing the evaluation and matching of movement data from mobile phones to detect people infected with the Coronavirus (COVID-19).

The scientists, who are trying to slow down the spreading of the disease, complain about the problem of the time-consuming and vague questionings of infected people on who they came in contact with. The evaluation and matching of mobile phone data may be more accurate and could speed up the process of identifying infected people, which could be essential for saving lives.

In a comment, the German Federal Commissioner for Data Protection Ulrich Kelber expressed that this procedure may cause large data protection issues, especially with regards to having a legal basis for processing and the proportionality of processing according to the GDPR.

EDPS publishes opinion on future EU-UK partnership

3. March 2020

On 24 February 2020, the European Data Protection Supervisor (EDPS) published an opinion on the opening of negotiations for the future partnership between the EU and the UK with regards to personal data protection.

In his opinion, the EDPS points out the importance of commitments to fully respect fundamental rights in the future envisaged comprehensive partnership. Especially with regards to the protection of personal data, the partnership shall uphold the high protection level of the EU’s personal data rules.

With respect to the transfer of personal data, the EDPS further expresses support for the EU Commission’s recommendation to work towards the adoption of adequacy decisions for the UK if the relevant conditions are met. However, the Commission must ensure that the UK is not lowering its data protection standard below the EU standard after the Brexit transition period. Lastly, the EDPS recommends the EU Institutions to also prepare for a potential scenario in which no adequacy decisions exist by the end of the transition period on 31 December 2020.

Indonesian President introduces a Proposal for a national Data Protection Law

5. February 2020

On 28 January 2020, Indonesian President Joko Widodo introduced a draft data protection law to the Parliament of Indonesia. When the bill passes through Parliament, Indonesia will be the fifth country in Southeast Asia to have a national data protection law, following Singapore, Malaysia, Thailand and the Philippines.

The proposal has numerous parallels to the European GDPR. It grants an array of data subject rights, like the right to access, the right to erasure and the right to restrict processing of personal data. The bill also contains a broad definition of processing and the general principle of consent, whilst allowing the processing of personal data for the performance of a contract, for compliance with a legal obligation, or for the purposes of legitimate interests.

Interestingly, the bill categorises violations against the data protection rules as criminal offenses and punishes intentional unlawful processing with up to 7 years of criminal imprisonment or punitive fines of up to 70 billion Indonesian Rupiah (4.6 million Euros). If the offender of the law is a corporation, the management or beneficiary owner can be held liable and face a prison sentence.

The Indonesian Minister of Communications and Information stresses the importance of the new date protection bill for the data sovereignty of individuals and hopes for opportunities for innovation and business in Indonesia.

US Lawmakers to introduce bill that restricts Government Surveillance

3. February 2020

On Thursday January 23rd a bipartisan group of US lawmakers have revealed a legislation which would reduce the scope of the National Security Agency’s (NSA) warrantless internet and telephone surveillance program.

The bill aims to reform section 215 of the PATRIOT Act, which is expiring on March 15, and prevent abuses of the Foreign Intelligence Surveillance Act. Under the PATRIOT Act, the NSA can create a secret mass surveillance that taps into the internet data and telephone records of American residents. Further, the Foreign Intelligence Surveillance Act allows for U.S. intelligence agencies to eavesdrop on and store vast amounts of digital communications from foreign suspects living outside the United States, with American citizens often caught in the cross hairs.

The newly introduced bill is supposed to host a lot of reforms such as prohibiting the warrantless collection of cell site location, GPS information, browsing history and internet search history, ending the authority for the NSA’s massive phone record program which was disclosed by Edward Snowden, establishing a three-year limitation on retention of information that is not foreign intelligence or evidence of a crime, and more.

This new legislation is seen favorably by national civil rights groups and Democrats, who hope the bill will stop the continuous infringement to the fourth Amendment of the American Constitution in the name of national security.

Facebook releases new Privacy Tool for global use

31. January 2020

On Data Privacy Day, Facebook launched its new privacy tool, which gives its users control over how they are tracked across the net.

In a blog post, Facebook CEO Mark Zuckerberg introduced its “Off-Facebook Activity” tool, which had been promised since May 2008, to social network’s worldwide audience. It originally had slow roll-outs throughout different countries since August 2019, but is now officially available globally.

Facebook is known for its vast reaching tracking of internet activity, ranging from doorbell apps over sellers’ websites to health apps. It had been criticized by law-makers for its tracking practices, especially considering the social network keeps tracking your data when you deactivate your account.

Now, wanting the start into the new decade to be more privacy oriented, Mark Zuckerberg is prompting Facebook users to review their privacy settings. On top of deleting your tracking history, it is now possible to turn off future tracking altogether. Though it is important to keep in mind that Facebook does not stop advertisers and businesses from targeting ads based on other factors.

Overall, the tool is supposed to complement Facebook’s Privacy Checkup feature, to allow for users to regulate their privacy more thoroughly, and more importantly, on their own terms.

Germany: Large Data leak reveals Personal Data of more than 3 Million Customers

27. January 2020

The German car rental company Buchbinder is responsible for leaking Personal Data of more than 3 Million customers from all over Europe. The data leak exposed more than 10 Terabyte of sensitive customer data over several weeks without the company noticing it.

A German cybersecurity firm was executing routine network scans when it found the data leak. The firm reported it twice to Buchbinder via e-mail, but did not receive a reply. After that, the cybersecurity firm reported the leak to the Bavarian Data Protection Authority (DPA) and informed the German computer magazine c’t and newspaper DIE ZEIT.

According to c’t, a configuration error of a Backup-Server was the cause of the leak. The Personal Data exposed included customers’ names, private addresses, birth dates, telephone numbers, rental data, bank details, accident reports, legal documents, as well as Buchbinder employees’ e-mails and access data to internal networks.

The data leak is particularly serious because of the vast amount of leaked Personal Data that could easily be abused through Spam e-mails, Fraud, Phishing, or Identity theft. It is therefore likely that the German DPA will impose a GDPR fine on the company in the future.

Buchbinder released a press statement apologising for the data leak and promising to enhance the level of their defense and cybersecurity system.

German Officials warn Travellers to China of Espionage

17. January 2020

The German Federal Office for the Protection of the Constitution (BfV) sees a significant risk for the security of personal data when accessing local WiFi networks and the mobile network in China. A request from the German newspaper “Handelsblatt” to the BfV revealed that the Officials warn travellers to China of an increasing risk of espionage.

For the stay in China, the BfV discourages travellers from using laptops and smartphones that contain personal data, especially contact information. Instead, the BfV recommends to acquire a travel laptop and a prepaid mobile phone that could be resetted or even be disposed of after leaving China.

According to Handelsblatt, the warning stems from cases in which the Chinese border police conducted mobile phone controls at the Chinese border of Xinjiang and installed a surveillance App on tourists’ smartphones.

In 2016, the BfV already cautioned of potential espionage by Chinese secret services targetting students and researchers.

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