.............ALERT #2003-5............
FAIRFAX COUNTY PRIVACY
...................COUNCIL................

Originally Published on 29 September 2003


ALERT ITEM SUMMARY:
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Fairfax County Office for Children To Correct Privacy Violations & Expunge SSNs Clctd. So Far***
***JetBlue Accused of "Data Rape" Conspiracy with Government Agencies***
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URGENT - - Your Final CAPPS II Comments Due Tomorrow by Midnight, Tuesday, 30 SEP! - - URGENT***
***Privacy Tips***
***Privacy Reference Link of Interest - Privacy Rights Clearinghouse***
***Privacy Quote***


Welcome! This message is intended for members of the Fairfax County Privacy Council, and anyone else who might be interested in advancing privacy in Virginia.  Maximum dissemination of this message is encouraged!

Privacy Notice: All communication from the Fairfax Privacy Council is sent using blind carbon copy ("BCC") format for your security and privacy.

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1.
Fairfax County Office for Children To Correct Privacy Violations & Expunge SSNs Clctd. So Far: In August of 2003, the Fairfax County Office for Children's ("OSC's") School Age Child Care operation mailed out tens of thousands of notices to parents which unlawfully solicit Social Security Numbers ("SSNs") by failing to provide the required federal and state Privacy Act warnings.  In hard copy letter sent to Lee District Supervisor Dana Kauffman's Office and Assistant County Attorney Marilyn McHugh,  OFC Assistant Director Tony Humphrey states that the OFC will "...no longer request SSNs...[and is] marking through the SSN line on current forms...[and] will take steps to ensure that previously collected SSNs are not disclosed or furnished to those outside our agency."  In a phone interview, Assistant Director Humphrey further clarified that the SSNs are being expunged from OFC computer systems.   Our View:  All County agencies ought to similarly review and correct if needed their collection of SSNs, if any, for necessity and legality, including for preemployment "screening" processes.

2.  JetBlue Accused of "Data Rape" Conspiracy with Government Agencies:  See http://www.dontspyon.us/jetblue.html.   With great alarm, we note that General (Ret.) Weslie Clark, now a democratic candidate for President, has been implicated in the Jet Blue conspiracy.  Apparently, as a board member of Acxiom Corporation (a "data warehouser") since December 2001, Clark was paid $300,000 to provide access to government agencies and lobby for Acxiom business opportunities to enhance proposed government surveillance projects (see "Clark Worked For Ark. Data Firm:  Acxiom Role Part of Surveillance Debate," The Washington Post, by Robert O'Harrow Jr., 27 September 2003, Page A08 at http://www.washingtonpost.com/wp-dyn/articles/A7380-2003Sep26.html).

As the ACLU notes at http://www.aclu.org, "If you flew on JetBlue before September 2002, you may have been the subject of a detailed dossier containing information including:
Your travel itineraries. This includes the date, time, origin, and destination of your flights.  But JetBlue turned over entire "Passenger Name Record" (PNRs), entries in the airlines' reservation system that can include a vast array of other personal information: details of your car and hotel reservations, your in-flight meal preferences, who you traveled with - even whether you stayed in a room with one bed or two.                       
Your income and other indicators of your economic status                                
Your occupation                             
Specifics on your home, such as whether you are an owner or a renter                             
The length of time you have lived at one residence                             
How many children you have                              
How many cars you own             
*Your Social Security Number*
If you flew JetBlue prior to September 2002, you may be the subject of one of these dossiers.  The Privacy Act and the Freedom of Information Act give you the right to access files kept by the government about you. Take Action: Click on  http://www.acluaction.org/aclu/mail/compose/?mailid=3507041 to file your own request for a copy of any information that the government might have about you connected to your travel with JetBlue."

3.  Your Final CAPPS II Comments Due Tomorrow by Midnight, Tuesday, 30 SEP!:  The recent JetBlue airline data scandal will become "business as usual" if the TSA goes through with their CAPS II passenger surveillance scheme, and you can be certain that the scheme will be expanded over time to include trains, ferries, intercity busses, and hotel reservations. TSA's Admiral (Ret.) James Loy has promised to close all the "loopholes" (Loy called for "…security of the nation's highways, railways, ports, and…[the closing of every] loophole;" see "Security Official to Turn Focus To Other Transportation Modes:  Pilot Program to Begin on Highways, Rails, Ports, and Pipelines," The Washington Post, by Sara Kehaulani Goo, 16 January 2003, p. A17).

But you CAN Take Action! The DHS's notice of a new system of records under the Privacy Act is found at http://www.dhs.gov/interweb/assetlibrary/CAPPSII_PRIVACY_ACT_NOTICE.pdf.  Americans have only until Tuesday, 30 September 2003 to post comments on CAPPS II to the DHS. These comments are being watched closely by the DHS leadership and the Bush Administration, as well as the Congress, which is growing very weary of proposals to subject all Americans to constant surveillance.  To post a comment you can send an email in the format "To: privacy@dhs.gov, Subject: docket number DHS/TSA-2003-1" and state your peace; sample arguments against CAPPS II can be found at http://hasbrouck.org/articles/CAPPS-II.html.

**Or, you can just click here to send a preformatted email to the DHS in a few seconds: http://action.eff.org/action/index.asp?step=2&item=2785.**

And while you are at it, click here to send your Congressional delegation a fax to register your concerns with CAPPS II style surveillance, and to ask them to shut it down: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12108&c=yourconfereratesatdontspyonme 

4.  Privacy Tips Every Citizen Should Know and Teach Her Kids:
Phone Number Privacy:  In the digital age, your phone number is a key piece of identifying information about you.  As the recent setbacks to the FTC's "Do Not Call List" show, government schemes to secure your privacy are often inadequate, even for federal judges (see  "Judge who blocked do-not-call registry is on list," CNN, 28 September 2003 at http://www.cnn.com/2003/ALLPOLITICS/09/27/do.not.call.ap).   The best phone number privacy is to have an unlisted number, do not give it out to anyone except for friends and family (use a work number for business and commercial contacts), and press *67 before each call to block caller ID schemes.

5.  Privacy Reference Link of Interest:  The Privacy Rights Clearinghouse - http://www.privacyrights.org.

6.  Privacy Quote:
"No one would ever know your SSN except for you and the SSA."  - President Franklin Delano Roosevelt, while promoting the passage of his proposed Social Security Act of 1935.

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Questions, or to be added/deleted from future Alerts?  Contact Mike Stollenwerk at majstoll@aol.com.

Sincerely,
Mike Stollenwerk
Chairman
Fairfax County
Privacy Council