Facebook: private messages from more than 81.000 people for sale

5. November 2018

According to a BBC report, more than 81.000 Facebook profiles were hacked. Private messages and other information was offered for 10 cents per account.

The BBC had the allegations checked by the IT security company Digital Shadows, who confirmed that over 81.000 of the profiles posted online contained private messenger messages. Furthermore, data from more than 176.000 accounts, including e-mail addresses and telephone numbers were available. This information did not necessarily have to come from a hack, as some of it was also open on public Facebook profiles

The BBC Russian Service also emailed the address that offered the data. The respondent – someone called “John Smith”- wrote that the offered data was neither from profiles involved in the Cambridge Analytica scandal nor of the recent security breach revealed in September. He said that his hacker group could offer data from 20 million users, of whom 2.7 million were Russians. But Digital Shadows doubts this because Facebook should have noticed such a big leak.

Facebook reported that its security has not been compromised. The data might be obtained through malicious browser extensions. According to Facebook executive Guy Rosen, they “have contacted browser-makers to ensure that known malicious extensions are no longer available to download in their stores”.

 

Cathay Pacific announces data leak: 9.4 million passengers affected

25. October 2018

As the Hong Kong airline Cathay Pacific announced on October 24, unauthorised access to a system containing data of up to 9.4 million passengers has been discovered. The data leak was detected during a routine check and immediately reported to the authorities and the police. As reported by the airline, no personal information has been misused.

According to Cathay Pacific CEO Rupert Hogg, the airline immediately initiated a thorough investigation with the support of a cybersecurity firm and wants to further strengthen their IT security measures.

Among the concerned data are: passenger names; nationalities; phone numbers; passport numbers and identity card numbers. But “no –one’s travel or loyalty profile was accessed in full, and no passwords were compromised”, said Hogg.

In its statement, Cathay Pacific underlined that the systems concerned are completely separate from the flight operating system and that flight safety is not affected.

400,000€ fine for a Portuguese hospital

24. October 2018

The Portuguese data protection supervisory authority CNPD (Comissão Nacional de Protecção de Dados) recently announced that the hospital Barreiro Montijo is to pay a fine of 400,000€ for incompliancy with the EU General Data Protection Regulation (GDPR). This is the first time that a high fine has been imposed in Europe based on the new GDPR framework of fines.

According to Portuguese newspaper Público, the hospital has violated the GDPR by allowing too many users to have access to patient data in the hospital’s patient management system, even though they should only have been visible to medical doctors. In addition, too many profiles of physicians have been created in the hospital system. The CNPD discovered that 985 users with the access rights of a medical doctor were registered, although only 296 physicians were employed in 2018.

The hospital now wants to take legal action against the fine.

Yahoo agreed to pay US$ 85 million after data breaches in 2013 and 2014

As part of a court settlement filed Monday, Yahoo agreed to pay $50 million in damages and to provide two-years of free credit monitoring for services to 200 million people.

Around 3 billion Yahoo accounts were hacked in 2013 and 2014 but the company, which is now owned by Verizon, did not disclose the breach until 2016. Affected are U.S. and Israel residents and small businesses with Yahoo accounts at any time from January 1, 2012 to December 31, 2016. Apart from usernames and email addresses, millions of birthdates and security questions and answers were stolen. Not among the stolen information were passwords, credit card numbers and bank account information.

According to the settlement, the fund will compensate accountholders who paid for email services, who had out-of-pocket losses or who already have credit monitoring services. A refund of $25 per hour will be made for the time spent handling issues caused by the breach. Those with documented losses can ask for up to 15 hours of lost time ($375) whereas those who cannot document losses can ask for up to 5 hours ($125).

A hearing to approve the preliminary settlement is scheduled for November 29.

EDPB Publishes Opinions on National DPIA Lists

17. October 2018

Regarding the data protection impact assessment (“DPIA”) the European Data Protection Board (“EDPB”) recently published 22 Opinions on the draft lists of Supervisory Authority (“SAs”) in EU Member States. This is supposed to clarify which processing operations are subject to the requirement of conducting a DPIA under the EU General Data Protection Regulation (“GDPR”).

The European Data Protection Board is an independent European body, which contributes to the consistent application of data protection rules throughout the European Union, and promotes cooperation between the EU’s data protection authorities. The Supervisory Authorities will now be given two weeks to decide whether they want to amend their draft list or maintain them and explain their decision.

Article 35(4) of the GDPR states that the SAs of the EU Member States must establish, publish and communicate to the EDPB a list of processing operations that trigger the DPIA requirement under the GDPR. Several EU Members States provided their list: Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Sweden and the United Kingdom.

The national lists can vary because the SAs must take into account not only their national legislation but also the national or regional context.

To some extent, the EDPB requests that the SAs include processing activities in their list or specify additional criteria that, when combined, would satisfy the DPIA requirement. Furthermore, the EDPB requests that the SAs remove some processing activities or criteria not considered to present a high risk to individuals. The objective of the EDPB opinions is to ensure consistent application of the GDPR’s DPIA requirement and to limit inconsistencies among the EU States with respect to this requirement.

France: Intelligence agency officer caught selling sensitive police data

9. October 2018

A massive case of misuse of confidential data from security authority surveillance systems has been uncovered in France. After the French customs tracked down an illegal marketplace called “Black Hand” in June, the investigators also found data that was sold by an anonymous user called “Haurus”. Haurus sold for example confidential documents and information from national police databases.

Meanwhile the investigators gleaned the identity of the hacker with the help of specific codes attached to the data. According to French newspaper “Le Parisien”, Haurus is an officer at the “Direction générale de la sécurité intérieure” (DGSI), a French intelligence agency. The DGSI is normally in charge of counter-terrorism, countering cyber-crime and surveillance of potentially threatening groups and organisations.

According to the reports, the agent offered services in exchange for bitcoin. For example, he advertised to track the location of buyer’s gang rivals or spouses based on the telephone number or he offered to tell them, if the French police tracked them. The investigators believe that he used the resources, which the French police uses to track criminals.

Haurus was arrested at the end of September and faces up to seven years in prison and a fine up to 100.000€.

Category: Cyber security · EU
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Facebook may face up to $1.63 Billion Fine in Europe after Data Breach

2. October 2018

Ireland’s Data Protection Commission, the company’s lead privacy regulator in the EU, could fine Facebook Inc. up to $1.63 billion for a data breach disclosed Friday, reports the Wall Street Journal. Hackers compromised the accounts of at least 50 million users, bypassing security measures and possibly giving them full control of both profiles and linked apps.

The Commission is now requesting more information on the scale and nature of the data breach in order to find out which EU residents could be affected. Facebook announced that it would respond to follow-up questions. The incident results in the latest legal threat Facebook is facing from U.S. and European officials over its handling of user data and is a severe setback to their efforts to regain trust after a series of privacy and security breaches.

The way in which this data breach is handled by data protection authorities could mark one of the first important tests under the GDPR, which came into force in May earlier this year. The handling could provide conclusions regarding the application of breach-notifications and data-security provisions by companies in the future.
The law requires companies to notify data protection authorities of breaches within 72 hours, under threat of a maximum fine of 2% of worldwide revenue. Furthermore, under the GDPR companies that fail to safeguard their users’ data risk a maximum fine of €20 million ($23 million), or 4% of a firm’s global annual revenue for the prior year, whichever is higher. Taking the larger calculation as a basis Facebook’s maximum fine would be $1.63 billion.

Record fine for Uber

28. September 2018

Due to an initially concealed data breach in 2016, the U.S. company Uber has to pay a fine of €126 million, as the Attorney General Barbara Underwood announced in a statement.

On November 21, 2017, Uber announced that a hacker attack would take place in 2016, in which the hackers would capture approximately 50 million customer data as well as seven million data from Uber drivers. The company paid the hackers blackmail money instead of reporting the data breach (we reported).

Now a settlement was reached between Uber and the relevant US authorities. The settlement includes the highest fine ever imposed, $148 million (€126 million), flanked by further obligations to improve data security.

Category: Data breach · USA
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India publishes draft of a data protection bill

14. September 2018

After the Hon’ble Supreme Court declared in its landmark decision that privacy is a “guaranteed fundamental right”, the Sikrishna Committee drafted a Personal Data Protection Bill, 2018.

In contrast to the terms “data subjects” and “controllers” chosen in the GDPR, the Indian draft designates the individuals whose personal data is processed “data principals” and the organisations responsible for the processing “data fiduciaries”.

With the new data protection bill, data principals have a variety of rights such as rights to access, rectification or the right to be forgotten. In order to ensure data compliance, the concept of an annual data audit, which will be carried out by organisations through independent data auditors, was also introduced. In addition to data fiduciaries who are based in India, the regulations also apply to those who systematically offer goods and services to data principals in India, or those whose work involves profiling of Indian data principals.

The new data protection bill also introduces the figure of the Data Protection Officer (DPO) for India. Organisations must appoint a DPO if they are “significant data fiduciaries”, i.e. if they are involved in high-risk processing activities, or if they are not present in India but covered by the bill. Those organisations shall appoint a DPO who is based in India. In contrast to the GDPR there is however no requirement of the independence of the DPO.

For cross-border data transfers, it is required that at least one copy of personal data is stored on servers or data centres located in India. Data classified as “critical personal data” may only be processed in a server or data centre located in India.

According to the Sikrishna Committee, the draft could be seen as a template for developing countries all over the world.

Category: India · Personal Data
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Belgium publishes new data protection law

12. September 2018

On September 5 2018, the new data protection law (“Law of 30 July”) was published in the Belgian Official Gazette (“Belgisch Staatsblad”) and entered into force with this publication.

After the “Law of 3 December 2017”, which replaced the Belgian Privacy Commission with the Belgian Data Protection Authority (“Gegevensbeschermingsautoriteit”), the Law of 30 July is the second law that implements the General Data Protection Regulation (GDPR).

The laws regulate various essential areas of data protection. New regulations are for instance, the reducing of the age of consent from 16 (as regulated in GDPR) to 13 years old for information society services or the requirement to list persons who have access to genetic, biometric and health-related data. Therewith, Belgium has also made use of the possibility to deviate from the GDPR in different scopes.

With the law of 30 July, Belgium has thus completed the incorporation of the GDPR into national law. The Law is available in French and Dutch.

Category: Belgium · GDPR
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