Nation's School Districts are Failing to Protect Children's Privacy

A Fordham Law School study found that state educational databases across the country ignore key privacy protections for the nation’s school children. The study reports that at least 32% of states warehouse children’s social security numbers; at least 22% of states record student pregnancies; and at least 46% of the states track mental health, illness, and jail sentences as part of the children’s educational records. Some states outsource the data processing without any restrictions on use or confidentiality for children’s information. Access to this information and the disclosure of personal data may occur for decades and follow children well into their adult lives. These findings come as Congress is considering the Student Aid and Financial Responsibility Act, which would expand and integrate the 43 existing state databases without taking into account the critical privacy failures in the states’ electronic warehouses of children’s information. For more information on children’s privacy issues see Children’s Online Privacy Protection Act.

Worker Lost Her Job Over Error by FBI's NCIC Database

In July 2009, a woman lost a $58,000 a year accounting job with Corporate Mailing Services of Arbutus after a background check reported a non-existent criminal record. Her employer won a contact with the Social Security Administration (SSA), which required that the company submit all employees to a criminal background check. The FBI's National Crime Information Center database reported in error that the employee had a criminal record. The Social Security Administration reported back to her employer within 2 weeks acknowledging the mistake and stated that the account could in fact work on the project. The company has not reinstated the dismissed worker. There are long running issues regarding the accuracy of NCIC database. In 2003 the DOJ exempted the FBI, which manages the NCIC, from Federal Privacy Act obligations for data accuracy. The administration is moving forward with a plan to require all federal government contractors submit E-verify checks conducted by the Department of Homeland Security to determine whether they can be employed. There are questions about accuracy of this system and the potential for inaccurate reporting. Accuracy requirements for information held in databases is critical to the protection of privacy rights.

Fired due to error in background check, Carroll woman still jobless, Scott Calvert, Baltimore Sun, October 28, 2009

Facebook Issues New Privacy Policy in Response to Canadian Privacy Office

Facebook released a revised privacy policy. The updated policy provides a more concise description of the privacy practices of the developers of third-party applications. Facebook also announced that it will evaluate the collection of user data by application developers. According to a blog post, the revised policy is a response to a complaint filed by Canadian Internet Policy and Public Interest Clinic in 2008, and attempts to “[fulfill] our commitment to the Privacy Commissioner of Canada to update our privacy policy to better describe a number of practices.” Concerns remain about the use of Facebook users' data.

Job Applicants May Have to Give DNA

University of Akron Ohio employment application process includes the possibility that a DNA sample may be requested so that a federal criminal background check can be conducted. The requirement may violate the Genetic Information Nondiscrimination Act. The University argues that there are positions at the institution, which require background checks to be performed. The University has not provided information on privacy questions regarding its collection, retention, sharing, and use of genetic information. How long DNA samples would be retained and who would have access to the information are not clear. DNA information can be used to determine whether a person has a predisposition for a medical condition as well as other personal information about the subject.

Want A Job In Akron? Hand Over Your DNA, Declan McCullagh, CBS News Blogs

Privacy Groups Seek Investigation of DHS Chief Privacy Office

Privacy Coalition members were joined by other organizations on a letter sent to the House Committee on Homeland Security urging them to investigate the Department of Homeland Security's (DHS) Chief Privacy Office. DHS is unrivaled in its authority to develop and deploy new systems of surveillance. The letter cited DHS ongoing use of Fusion Center, Whole Body Imaging, funding of CCTV Surveillance, and Suspicionless Electronic Border Searches as examples of where the agency is eroding privacy protections.

House Members Introduce New Bill to Fix US Patriot Act

On October 22, 2009, Representatives Conyers, Nadler, and Scott introduced two bills today that would amend the PATRIOT Act and the Foreign Intelligence Surveillance Act. The Patriot Amendments Act of 2009 will enhance reporting and judicial oversight of law enforcement powers, including the National Security Letter process. The FISA Amendments Act of 2009 will place new limits on the government's ability to collect and store Americans' communications without a warrant and repeals retroactive immunity. For more information, see EPIC FISA, EPIC PATRIOT Act.

Google Oops! User Voice Mails Disclosed in Search Engine

Reported flaw in Google's voice mail service said to expose users' messages to search engine users. The messages are reported to include the audio file and transcript of the call, but also included the callers name and phone number.

Random users Google Voice mail is searchable by anyone?, Michael Bettiol, Boygeniusreport.com, October 19, 2009