Apple advises app developer to reveal or remove code for screen recording

12. February 2019

After TechCrunch initiated investigations that revealed that numerous apps were recording screen usage, Apple called on app developers to remove or at least disclose the screen recording code.

TechCrunch’s investigation revealed that many large companies commission Glassbox, a customer experience analytics firm, to be able to view their users’ screens and thus follow and track keyboard entries and understand in which way the user uses the app. It turned out that during the replay of the session some fields that should have been masked were not masked, so that certain sensitive data, like passport numbers and credit card numbers, could be seen. Furthermore, none of the apps examined informed their users that the screen was being recorded while using the app. Therefore, no specific consent was obtained nor was any reference made to screen recording in the apps’ privacy policy.

Based on these findings, Apple immediately asked the app developers to remove or properly disclose the analytics code that enables them to record screen usage. Apples App Store Review Guidelines require that apps request explicit user consent and provide a clear visual indication when recording, logging, or otherwise making a record of user activity. In addition, Apple expressly prohibits the covert recording without the consent of the app users.

According to TechCrunch, Apple has already pointed out to some app developers that they have broken Apple’s rules. One was even explicitly asked to remove the code from the app, pointing to the Apple Store Guidelines. The developer was given less than a day to do so. Otherwise, Apple would remove the app from the App Store.

 

620 million accounts available for sale on dark web

According to the British news website The Register, 620 million accounts from hacked websites are for sale on dark web. For less than $20.000 in Bitcoin, people can buy the stolen accounts on Dream Market, located in the Tor network. Criminals should also be able to buy the copied user data individually. The data comes from hacks from the years 2016 to 2018. Some were already known others now became acquianted.

Among the sixteen hacked websites are the video messaging application Dubsmash (162 million accounts), the diet and exercise app MyFitnessPal (151 million accounts) and the family-tree-tracking service MyHeritage (92million accounts).

As reported by The Register, the account records appear to be legit. The data leak contains e-mail addresses, names and passwords but it does not contain any bank or credit card information and the passwords are encrypted and must therefore be decoded before they can be used.

Depending on the affected side, there are also a few other categories of personal information such as social media authentication tokens. It can be expected that the vendees will use the data for credential stuffing attacks. In such attacks, attackers try out lists with email password pairs at various online services to hack accounts. These attacks are made possible because many users reuse the same password across many websites.

The seller told The Register that they possess one billion accounts in total and that their aim is to make “life easier” for hackers. The seller said “I don’t think I am deeply evil, I need the money. I need the leaks to be disclosed […] I’m just a tool used by the system. We all know measures are taken to prevent cyber attacks, but with these upcoming dumps, I’ll make hacking easier than ever.”

 

Update: 127 million more stolen accounts appeared a few days ago. Affected sites include architecture, interior and designe website Houzz (57 million records), live-video streaming site YouNow (40 million records) and travel booking site Ixigo (18 million records). This data is sold by the hacker for a total of $14,500 in Bitcoin.

Austria: Deletion does not necessarily mean destruction

Article 17 of the General Data Protection Regulation (GDPR) stipulates the data subject the right to erasure, also called right to be forgotten. The Austrian Data Protection Authority decided that the right to erasure not necessarily mean destruction of the stored data. According to the Authority anonymization may be sufficient.

The decision is based on a complaint of an Austrian who request his former insurance company to delete all stored data. The insurance company deleted his e-mail address and phone number as well as insurance offers and stopped all advertising. However, name and address of the data subject were anonymized and the insurance company told the data subject that the data would be destructed in March 2019.

The Austrian Data Protection Authority proved the company right. According to Art. 4 Nr. 2 GDPR the company can choose whether it deletes or destructs the stored data, it only had to “be ensured that neither the person responsible himself nor a third party can restore a personal reference without disproportionate effort”, explained the Authority.

The German Bundeskartellamt prohibits Facebook to combine their user data from different sources

7. February 2019

The Bundeskartellamt announced in a press release on their website on Febraury 7, 2019 that it imposes far-reaching restrictions on Facebook.

Up to now Facebook’s terms and conditions stated that users have only been able to use the social network under the precondition that Facebook can collect user data also outside of the Facebook website in the internet or on smartphone apps and assign these data to the user’s Facebook account. Therefore, all data collected on the Facebook website, by Facebook-owned services which includes Instagram and WhatsApp as well as on third party websites can be combined and assigned to the account of a Facebook user.

The authority’s decision affects said processing of user data in Germany and covers different sources of data.
Firstly, all social networks/services can continue to collect data under the existing laws. But the collected data can only be transferred to Facebook itself if consent is given by the data subject (the user). If such a consent is not given, the data cannot be assigned to an existing Facebook account. Secondly, the same applies to collecting data from third party websites.
Consequently, without the above mentioned consent Facebook will face far-reaching restrictions concerning collecting and combining data.

The Bundeskartellamt states as reason for this decision that in December 2018 Facebook had 1.52 billion daily active users and 2.32 billion monthly active users and therefore also occupies a dominant position in the German market for social networks. It further claims that the market share of Facebook concerning social networks in Germany is more than 95 % (daily active users) and more than 80 % (monthly active users). Therefore, the conclusion is drawn that the group with its subsidiaries WhatsApp and Instagram occupy a key position in the market which indicates a monopolisation process. Competitors like Google+, Snapchat, YouTube or Twitter or professional networks like LinkedIn or Xing provide only components of the services offered by the Facebook Group.

The authority’s decision is not yet final. Facebook has one month to appeal the decision to the Düsseldorf Higher Regional Court. The company has already announced that it will appeal against the decision.

Category: EU · General · German Law · Instagram · Personal Data
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GDPR in numbers

6. February 2019

The European Commission lately posted an infographics about the impact of the General Data Protection Regulation (GDPR) since its entering into force on May 25, 2018. The graphic looks at complying, enforcement and awareness of the GDPR. It illustrates inter alia that:

  • In total 95.180 complaints to Data Protection Authorities came from individuals who believe their rights under GDPR have been violated. Most of the complaints were related to CCTV, telemarketing or promotional e-mails.
  • Until January, the number of notifications of data breaches has increased up to 41.502. The data controllers have to notify data breaches within 72 hours to their national supervisory authority.
  • Data Protection Authorities have initiated 225 investigations in cross border cases.
  • In Europe, 23 countries have adopted their national data protection law since the GDPR came into force. Bulgaria, Greece, Slovenia, Portugal and Czech Republic are still in progress doing so.
  • So far, three fines have been issued under GDPR. In Germany, a social network operator was fined € 20.000 for not securing its users data. In France, Google was fined € 50 million for lack of transparency, inadequate information and lack of valid consent regarding the ads personalization (we reported) and in Austria, a sports betting café was fined € 5.280 for unlawful video surveillance.

Aetna to pay fine for HIV privacy breach

31. January 2019

Healthcare insurer Aetna will have to pay a 935,000$ fine after letters had been sent to nearly 12.000 patients in 2017, disclosing highly sensitive information on the windows of the envelopes.

The information revealed that the recipients were taking HIV-related medications.

In addition, the insurance company will have to complete privacy risk assessments annualy for three years.

The patients have received compensation through a private class action settlement.

 

Data Protection Day

28. January 2019

On the occassion of this year’s Data Protection Day, which was launched in 2006 by the Council of Europe, the Commission has issued the following statement :

“This year Data Protection Day comes eight months after the entry into application of the General Data Protection Regulation on 25 May 2018. We are proud to have the strongest and most modern data protection rules in the world, which are becoming a global standard.”

On January 28th in 2006, the Council of Europe’s data protection convention, known as “Convention 108”, was opened to signature. Data Protection Day is now celebrated globally and is called Privacy Day outside of Europe.

More than 50 countries around the world have already signed up to the convention, which sets out key principles in the area of personal data protection.

The convention has been ratified by the 47 Council of Europe member states and Mauritius, Senegal, Uruguay and Tunisia. Other countries such as Argentina, Burkina Faso, Cabo Verde, Mexico and Morocco have been invited to accede. Many more participate as Observers States in the work of the Committee of the Convention (Australia, Canada, Chile, Ghana, Indonesia, Israel, Japan, Korea, New-Zealand, United States of America).

Governments, parliaments, national data protection bodies and other actors carry out activities on this day to raise awareness about the rights to personal data protection and privacy. These may include campaigns targeting the general public, educational projects for teachers and students, open doors at data protection agencies and conferences.

 

European Commission adopts adequacy decision on Japan

The European Commission adopted an adequacy decision for Japan on the 23rd of January 2019, enabling data flows to take place freely and safely. The exchange of personal data is based on strong safeguards that Japan has put in place in advance of the adequacy decision to ensure that the transfer of data complies with EU standards.

The additional safeguards include:

– A set of rules (Supplementary Rules), which will cover the differences between the two data protection systems. This should strengthen the protection of sensitive data, the exercise of personal rights and the conditions under which EU data can be further transferred to another third country. These additional rules are binding in particular on Japanese companies importing data from the EU. They can also be enforced by the independent Japanese data protection authority (PPC) as well as by courts.

– Also, safeguards have been established concerning access by Japanese authorities for law enforcement and national security purposes. In this regard, the Japanese Government has given assurances to the Commission and has ensured that the use of personal data is limited to what is necessary and proportionate and is subject to independent supervision and redress.

– A complaint handling mechanism to investigate and resolve complaints from Europeans regarding Japanese authorities’ access to their data. This new mechanism will be managed and monitored by Japan’s independent data protection authority.

The adequacy decision has been in force since 23rd of January 2019. After two years, the functioning of the framework will be reviewed for the first time. The subsequent reviews will take place at least every four years.

The adequacy decision also complements the EU-Japan Economic Partnership Agreement, which will enter into force in February 2019. European companies will benefit from free data flows as well as privileged access to the 127 million Japanese consumers.

 

CNIL fines Google for violation of GDPR

25. January 2019

On 21st of January 2019, the French Data Protection Authority CNIL imposed a fine of € 50 Million on Google for lack of transparency, inadequate information and lack of valid consent regarding the ads personalization.

On 25th and 28th of May 2018, CNIL received complaints from the associations None of Your Business (“NOYB”) and La Quadrature du Net (“LQDN”). The associations accused Google of not having a valid legal basis to process the personal data of the users of its services.

CNIL carried out online inspections in September 2018, analysing a user’s browsing pattern and the documents he could access.

The committee first noted that the information provided by Google is not easily accessible to a user. Essential information, such as the data processing purposes, the data storage periods or the categories of personal data used for the ads personalization, are spread across multiple documents. The user receives relevant information only after carrying out several steps, sometimes up to six are required. According to this, the scheme selected by Google is not compatible with the General Data Protection Regulation (GDPR). In addition, the committee noted that some information was unclear and not comprehensive. It does not allow the user to fully understand the extent of the processing done by Google. Moreover, the purposes of the processing are described too generally and vaguely, as are the categories of data processed for these purposes. Finally, the user is not informed about the storage periods of some data.

Google has stated that it always seeks the consent of users, in particular for the processing of data to personalise advertisements. However, CNIL declared that the consent was not valid. On the one hand, the consent was based on insufficient information. On the other hand, the consent obtained was neither specific nor unambiguous, as the user gives his or her consent for all the processing operations purposes at once, although the GDPR provides that the consent has to be given specifically for each purpose.

This is the first time CNIL has imposed a penalty under the GDPR. The authority justified the amount of the fine with the gravity of the violations against the essential principles of the GDPR: transparency, information and consent. Furthermore, the infringement was not a one-off, time-limited incident, but a continuous breach of the Regulation. In this regard, according to CNIL, the application of the new GDPR sanction limits is appropriate.

Update: Meanwhile, Google has appealed, due to this a court must decide on the fine in the near future.

The Dutch DPA (Autoriteit Persoonsgevens) investigates several Data Processing Agreements

23. January 2019

Since the EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018, the Dutch DPA regularly reviews whether organizations comply with data protection regulations. For example, the DPA previously investigated organizations (inter alia hospitals, banks, insurers) regarding their data protection officers and/or whether they keep a register of processing activities.

The Dutch Data Protection Authortiy, the so called Autoriteit Persoonsgevens, announced last week on its website that it had asked 30 private organizations to provide their Data Processing Agreements in use. The organizations in question mainly operate in the field of energy, media and trade.

Art. 28 GDPR states that a data controller must have a data processing agreement (DPA) with a data processor when the ladder is carrying out the data processing on behalf of the controller. This is for example the case when an organization outsources IT facilities. The controller remains responsible for the protection of the personal data and is only allowed to engage processors which can offer sufficient guarantees to ensure those requirements. Especially, the agreement must specify the type and categories of data that will be processed and the duration as well as the nature and purpose of the processing.

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