BreachExchange mailing list archives
Re: Breach notification laws: When should companies tell all?
From: dano <dano () well com>
Date: Sun, 5 Mar 2006 20:28:24 -0800
At 11:13 AM -0500 3/3/06, lyger wrote:
MARCH 02, 2006 (COMPUTERWORLD) - While there appears to be growing industry consensus that security breach notification laws have forced companies to take more responsibility for the data they own, there is little agreement on exactly when companies should be required to notify consumers when a data breach occurs.
In some industries there is not only no financial accountability, there is deliberate obfuscation which protects the people who make off with data. And they know it, which seemingly encourages them. (At least in the US.) The following is from the Travel section of the Los Angeles Times and describes how easy it is to make off with valuables - including laptop computers - in checked luggage. Of course some people would not check their laptops, but some would. And since the baggage screeners get to x-ray the luggage to see which bags have valuables and which don't, their task is made easy for them. I wonder how many claims have been filed with TSA for loss; or how easy it might be to get those records. <http://www.latimes.com/travel/la-tr-travelqa5mar05,1,3262996.column?coll=la-travel-headlines> DESPITE repeated warnings to leave cameras, diamonds and other valuables at home when flying, travelers continue to check and lose. Here, a recent ripoff that could have been prevented: Question: In November, my wife and I flew from San Francisco to Los Angeles on United. At the ticket kiosk, an agent advised us to check our carry-ons because the bins over our last-row seats were filled with emergency equipment. We agreed. When we got home, I unpacked my bag and discovered that a new $1,800 laptop had disappeared. The Transportation Security Agency said it didn't open the luggage. United sent a form letter, denying responsibility. Do I have any recourse? STEVE HOUGLAND Santa Monica Answer: By the time we spoke to Hougland, he had already filed an insurance claim for the missing laptop. But the ripoff and runaround could have been avoided if our reader had removed the computer before checking his bag. Many travelers think, incorrectly, that Department of Transportation rules cover them for all losses. Not true. Neither the airlines nor the TSA is liable for big-ticket items such as electronic equipment. United's letter to Hougland explained this. Even when a carrier is at fault, it routinely denies claims for "excluded" items. These exclusions, which include money, jewelry, cameras, heirlooms and "irreplaceable documents," are listed online in the airlines' contracts of carriage. (Search airline websites for "baggage liability" or go to latimes.com/contracts.) Proving theft is tough because most screening and handling happen out of public view. And although surveillance systems have become more sophisticated, they're not bulletproof. "Anyone who works behind the scenes knows the dead spots," said LAX spokesman Paul Haney. Protect your valuables by following these rules of thumb: * Don't pack anything you can't afford to lose. Once that bag hits the conveyor belt, it's touched by many hands. Almost 90% of claims filed with the TSA in 2005 cited theft from checked luggage, said spokesman Nico Melendez. Last year, LAX ranked No. 1 in mishandled bag claims (about 4,000) filed with TSA. Haney says it's due to greater traffic, not more thieves. "We screen more bags here [55 million annually] than any other airport in the world." * File twice - with the airline and the TSA. The agency has been known to settle claims even when it's not at fault. If you have no hope of getting a refund, it's still a good idea to register your gripe because complaints help officials identify and fix recurring problems or violations. * Only a quarter of complaints filed with TSA are approved for full refund; most are settled for an average $110. You can appeal a refund, but it takes time. A Southland flier whose cashmere coat was snatched at an LAX security checkpoint in 2003 disputed the $261 award and won, said an aide for Rep. Henry A. Waxman (D-Los Angeles), who assisted in the case. It took more than two years and some political muscle, but TSA came through last April with an $850 refund. * File police reports. Don't assume TSA routinely turns over complaints to local authorities. The onus is on fliers to put officials on alert. _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/errata/dataloss/
Current thread:
- Breach notification laws: When should companies tell all? lyger (Mar 03)
- Re: Breach notification laws: When should companies tell all? dano (Mar 05)