Selective Notification
As the Privacy Director for the Liberty Coalition, I have discovered and documented roughly 100 breaches on our website, SSNBreach.org. There, any member of the public can search for his or her name to find out whether their personal information was exposed, under what conditions, and who’s responsible. The vast majority of these breaches are unintentional. Except breaches by criminal ID theft rings, most breaches are due to ignorance, recklessness or plain stupidity, but not maliciousness.
Inside the Breach
I recently announced such a breach by East Burke High School in the small North Carolina town of Connelly Springs. In short, a staff member had placed personal information online for more than five years. The victims included 163 teachers, bus drivers, custodians, and others who worked at East Burke High School in 2003. The information exposed included names, social security numbers, addresses, phone numbers, job titles, e-mail addresses, and a few unlisted phone numbers.
I notified the school, which removed the file within 20 minutes, and also worked to clear search engine caches. I then worked directly with the Superintendent, David Burleson, who asked for my help drafting a letter to victims, which I was happy to do. As I drafted the letter I put factual assumptions in [brackets], and for the sake of expediency omitted some of the instructions, replacing them with asterisks. I handed him the letter and said told him to review it for factual accuracy and run it by his legal counsel. In addition to the brackets and asterisks, my draft of the letter committed the school district to do five things, including contracting with an identity theft protection company to provide free credit protection services to victims.
Days after I sent the letter to the school district, the Hickory Record ran a copy of the letter as sent by the school district, and I had to chuckle when I saw all of my brackets and asterisks still in the final copy. For example, “As of now, [we don't have any evidence that anyone with bad intentions has seen your personal information].” I also wanted their general counsel to confirm whether North Carolina allowed for credit freezes. The final copy encourages victims to get a credit freeze, with a note to the general counsel: “[Note: Not all states allow a credit freeze].” And this omission for sake of expediency, “visit www.ftc.gov, and click on “***” for more information.” The Hickory Record has since done some copy editing on behalf of the school district, and edited out the brackets.
Therefore, What?
Now in their defense, I’ve got to give the school district credit for making a good faith effort to notify their employees of the breach. And I can’t be too critical of their failure to edit the letter, especially in a small school district with limited resources.
On the other hand, it turns out they did edit the letter. The school district conveniently removed the promise to provide identity theft protection services to victims. This selective editing is symptomatic of systemic problems with protecting consumer privacy:
- The market does not value privacy. Ensuring privacy is expensive, but the costs of violating privacy are small. This means that there is a strong financial incentive to do as little as possible to prevent, announce, or clean up a breach. The result is victims often don’t get all of the facts or protections they need.
- The fox is guarding the hen house. A cruel irony of data breaches is that the responsible organization has a strong incentive to hide or skew the details. Many breaches are under-reported or unreported, regardless of applicable law. With very few exceptions, even well-intentioned organizations issue vague, incomplete, blame-shifting or liability-reducing press releases that leave victims in the dark.
- Privacy Naivety. If you have ever asked customer service, “does your organization ever share my personal information with other organizations,” the answer is always (and incorrectly) “no.” Unfortunately, consumers incorrectly assume that laws and privacy policies protect their personal information. Employees incorrectly assume that their privacy practices are sound, while company policies often amount to little more than a privacy waiver. An environment of naivety breeds carelessness and increases the risk of breaches.
Consumers should always read breach announcements with a skeptical eye, and press the breaching organization for as much detail as possible.
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