CBP Failed to Protect Sensitive Biometric Information in Test of Facial Recognition Program

29 09 2020
EPIC
Sept. 24, 2020
In a report, the Department of Homeland Security’s Office of Inspector General found that Customs and Border Protection failed to safeguard pictures of travelers obtained for a facial recognition pilot program, the Biometric Entry-Exit Program. The pictures were exposed in a data breach of a CBP subcontractor, Perceptics, LLC. OIG found that the CBP failed to undertake sufficient information security practices to prevent Perceptics from obtaining the data. At least 17 of the images were ultimately released on the dark web. EPIC leads an ongoing campaign to Ban Face Surveillance. In 2018 EPIC urged CBP to suspend its Biometric Entry-Exit Program. EPIC previously obtained documents on that program through a FOIA lawsuit.

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Mauritius Ratifies Convention 108+, 36 Countries Back Privacy Convention

22 09 2020
EPIC
September 15, 2020
 
This week, Mauritius signed and ratified the Modernized International Privacy Convention. Mauritius became the sixth state to officially ratify the modernized Convention 108, and the 36th country to become a signatory. The Council of Europe Convention 108+ is the first and only binding international legal instrument for data protection. Updated in 2018, the Modernized Convention includes new provisions on biometric data, algorithmic transparency, enhanced oversight. Non-members of the Council of Europe are able to sign the Convention, and EPIC and consumer groups have long urged the United States to ratify the international Privacy Convention.

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Facebook to be Ordered to Stop Sending EU Data to U.S.

12 09 2020
EPIC
September 10, 2020
The Irish Data Protection Commissioner has reportedly issued a preliminary order instructing Facebook to stop transferring the data of EU users to the United States. The order comes in the wake of a recent the European Court of Justice (CJEU) decision which found the Privacy Shield, which permitted companies to freely transfer users’ personal data, illegally infringed EU residents’ data protection and privacy rights. EPIC participated as an amicus curiae in the case, arguing that U.S. surveillance law does not provide adequate privacy protections or remedies for non-U.S. persons abroad.

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GAO Report: CBP Needs to Address Privacy Issues with Facial Recognition Deployment

10 09 2020
EPIC
September 3, 2020
A report by the Government Accountability Office found that Customs and Border Protection needs to address privacy issues with the agency’s deployment of facial recognition technology at ports of entry. CBP currently deploys facial recognition at 27 airports as part of their Biometric Entry-Exit Program. The GAO found that CBP has not provided adequate privacy notices or information on opting out of facial recognition to the public. Additionally, the agency has failed to implement a plan to audit privacy compliance by airline partners involved in the program. EPIC has previously explained to Congress and the CBP that its Biometric Entry-Exit program unfairly burdens travelers exercising their rights to opt-out of facial recognition. EPIC has called on Congress to suspend facial recognition at airports and earlier this year urged the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.


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Germany’s Highest Court Rules Facebook Illegally Combines Users’ Data, Abusing Its Market Dominance

19 08 2020
Epic
June 24, 2020

In an important decision for data privacy, Germany’s Federal Court of Justice sided with antitrust regulators in a case challenging Facebook’s practice of combining user data across different sources, including WhatsApp and Instagram. The Court held that Facebook’s terms of use were abusive because they did not allow users to use the platform without also consenting to Facebook’s collection of their data from other sites. The decision emphasized Facebook’s dominant market position in Germany and recognized that Facebook thus had a special responsibility towards maintaining market competition. EPIC has repeatedly urged U.S. antitrust agencies to more aggressively regulate Facebook and other platforms, whose large mergers compromise user privacy and consolidate market power in a handful of companies. EPIC recently objected to the FTC’s settlement with Facebook. EPIC continues to work with international stakeholders to ensure user privacy.

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The Real Dangers of Surveillance What Americans can learn from the protests in Hong Kong.

18 08 2020

New York Times
Shira Ovide
June 12, 2020

“How citizens and authorities respond to one another during large-scale protests — including how they use technology as a tool in the battle — can say a lot about trust in the entire political system.

Paul Mozur, who has written extensively about the Chinese state surveillance machine for The New York Times, told me that mistrust of the authorities in Hong Kong was reflected in constant digital surveillance and paranoia during the pro-democracy demonstrations that started a year ago and continue to break out.”

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Tim Cook Calls for “Comprehensive” Federal Privacy Law

4 01 2020

October 24, 2018
EPIC.org
Apple CEO Tim Cook (@tim_cook) delivered an impassioned speech at at the Commissioners Conference in Brussels. Cook said, “Platforms and algorithms that promised to improve our lives can actually magnify our worst human tendencies.” Cook warned, “Rogue actors and even governments have taken advantage of user trust to deepen divisions, incite violence, and even undermine our shared sense of what is true and what is false. This crisis is real. It is not imagined, or exaggerated, or crazy.” Cook endorsed the GDPR and called for comprehensive privacy legislation in the US. Tim Cook received the EPIC Champion of Freedom Award in 2015.

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EU-U.S. Privacy Shield Renewed, Privacy Commitments Ignored

13 01 2019

The European Commission has renewed the EU-U.S. Privacy Shield, a framework permitting the flow of European consumers’ personal data to the U.S.

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EPIC FOIA: EPIC Obtains FBI Policy for Disseminating Biometric Info

27 03 2018

Epic

March 22, 2018

Through a Freedom of Information Act request, EPIC has obtained the FBI’s “Policy for Biometric Information Sharing with Domestic and International Agencies.” The documents EPIC obtained also contain details of the United States’ agreement with Iraq to exchange biometric data, including to not subject the information to any dissemination restrictions of the US or Iraq. The FBI maintains one of the world’s largest biometric databases, known as the “Next Generation Identification” system, which includes facial IDs gathered from international conflicts. In 2007, EPIC, Privacy International, and Human Rights Watch warned the Secretary of Defense that the “system of biometric identification contravene international privacy standards and could lead to further reprisals and killings.” EPIC noted in 2010 “President Obama’s address on the end of the combat mission in Iraq has left open the question of what will happen to the massive biometric databases on Iraqis, assembled by the United States, during the course of the conflict.”

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CLOUD Act Enacted, Allows Law Enforcement Access to Data Stored Abroad

27 03 2018

President Trump has signed the CLOUD Act, requiring internet companies to hand over personal data to U.S. law enforcement agencies, no matter where that data is stored. The Act also allows the executive branch to create agreements with foreign countries to provide direct access to personal data stored in the United States. EPIC submitted an amicus brief in United States v. Microsoft arguing that law enforcement access to data abroad should be resolved by international consensus and comply with human rights norms. Many organizations and privacy experts have endorsed the Madrid Privacy Declaration, which would establish international protections for personal data.

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