Public Comments

Data Breach | HHS HITECH Breach Notification — The World Privacy Forum filed comments on the HHS data breach rulemaking and asked for substantive changes in several areas. In particular, WPF asked HHS to expressly state a requirement for a breach risk assessment in the final rule itself, and to set a requirement that the risk assessment must be conducted by an independent organization. The WPF also asked that HHS set breach risk assessment standards so that there is some uniformity and guidance as to what constitutes an appropriately rigorous risk assessment when a breach occurs. In the comments, WPF also discussed the relationship between medical identity theft and medical data breach and how this impacts patients and consumers.

The World Privacy Forum filed comments on the HHS data breach rulemaking and asked for substantive changes in several areas. In particular, WPF asked HHS to expressly state a requirement for a breach risk assessment in the final rule itself, and to set a requirement that the risk assessment must be conducted by an independent organization. The WPF also asked that HHS set breach risk assessment standards so that there is some uniformity and guidance as to what constitutes an appropriately rigorous risk assessment when a breach occurs. In the comments, WPF also discussed the relationship between medical identity theft and medical data breach and how this impacts patients and consumers.

Financial privacy – Privacy Act — The World Privacy Forum filed comments today urging the U.S. Treasury Department to obtain consumers’ consent before checking their credit reports. Consumers who participate in the government’s Home Affordable Modification Program (HAMP) — an Obama administration program created to help consumers renegotiate their mortgages so they can keep their homes — must allow the Federal Government to check their credit reports without first obtaining consent. This procedure sets a negative precedent, and is at odds with consumer expectations of privacy. The Treasury gave itself this power in an obscure set of “Routine Uses” in a Privacy Act notice published along with the proposed system of records for the program. The World Privacy Forum has objected to this, and has filed detailed comments with the Treasury about the lack of consumer consent. The public comment period on this program is open until September 4, 2009.

The World Privacy Forum filed comments today urging the U.S. Treasury Department to obtain consumers’ consent before checking their credit reports. Consumers who participate in the government’s Home Affordable Modification Program (HAMP) — an Obama administration program created to help consumers renegotiate their mortgages so they can keep their homes — must allow the Federal Government to check their credit reports without first obtaining consent. This procedure sets a negative precedent, and is at odds with consumer expectations of privacy. The Treasury gave itself this power in an obscure set of “Routine Uses” in a Privacy Act notice published along with the proposed system of records for the program. The World Privacy Forum has objected to this, and has filed detailed comments with the Treasury about the lack of consumer consent. The public comment period on this program is open until September 4, 2009.

The World Privacy Forum filed comments with the Office of Management and Budget regarding its proposal to begin to allow the use of tracking cookies on government web sites. The proposal was published in the Federal Register, and outlined a three-tiered plan for how web tracking technologies might be used. The Forum’s comments focused on methods of opt-out, data retention, secondary use, user authentication, new tracking technologies such as Flash cookies, and the need for new opt-out mechanisms. The Forum also urged the federal government to not allow third party tracking of consumers’ use of government web sites, and to guard against any discrimination against consumers who do not want to be tracked.