Category Archives: Legal issues

Security-related legislation, government initiatives, court cases

NHS opt out: not what it seems

Legal issues, News coverage, Politics, Privacy technology

On January 23rd we had a conference call with the NHS Information Centre and a couple of its software suppliers about anonymisation. LBT readers will have followed how your GP records are to uploaded to the new central database care.data for resale unless you opt out. Any previous opt outs from other central systems like SCR will be disregarded (even if you wrote saying you opted out of all central systems), along with opt-outs from regional systems.

We’d been told that if you opted out afresh your data would be uploaded only in anonymised, aggregated form; after all the Prime Minister promised. But I persisted. How will the NHS work out doctors’ bonuses in respect of opted-out patients? Doctors get extra payments for meeting targets, such as ensuring that diabetic patients get eye tests; these used to be claimed by practice managers but are now to be worked out centrally. If the surgery just uploads “We have N patients opted out and their diagnostic codes are R1, R2, R3, …” then officials might have to give doctors the benefit of the doubt in bonus calculations.

It turned out that officials were still dithering. The four PC software vendors met them on January 22nd and asked for the business logic so they could code up the extraction, but officials could not make up their minds whether to respect the Prime Minister’s promise (and human-rights law) or to support the bonus calculation. So here we had a major national programme being rolled out next month, and still without a stable specification!

Now the decision has been taken. If you opt out, all your clinical data will be uploaded as a single record, but with your name, date of birth and postcode removed. The government will simply pretend this is anonymous, even though they well know it is not. This is clearly unlawful. Our advice is to opt out anyway while we lobby ministers to get their officials under control, deliver on Cameron’s promise and obey the law.

Why dispute resolution is hard

Academic papers, Banking security, Legal issues, News coverage, Protocols, Security economics, Usability

Today we release a paper on security protocols and evidence which analyses why dispute resolution mechanisms in electronic systems often don’t work very well. On this blog we’ve noted many many problems with EMV (Chip and PIN), as well as other systems from curfew tags to digital tachographs. Time and again we find that electronic systems are truly awful for courts to deal with. Why?

The main reason, we observed, is that their dispute resolution aspects were never properly designed, built and tested. The firms that delivered the main production systems assumed, or hoped, that because some audit data were available, lawyers would be able to use them somehow.

As you’d expect, all sorts of things go wrong. We derive some principles, and show how these are also violated by new systems ranging from phone banking through overlay payments to Bitcoin. We also propose some enhancements to the EMV protocol which would make it easier to resolve disputes over Chip and PIN transactions.

Update (2013-03-07): This post was mentioned on Bruce Schneier’s blog, and this is some good discussion there.

Update (2014-03-03): The slides for the presentation at Financial Cryptography are now online.

Untrue claims by NHS IT chief

Legal issues, News coverage, Politics

If you listen to Radio 4 from 0810 on BBC iPlayer, you’ll hear a debate between Phil Booth of MedConfidential and Tim Kelsey of NHS England – the guy driving the latest NHS data grab.

Tim Kelsey made a number of misleading claims. He claimed for example that in 25 years there had never been a single case of patient confidentiality compromise because of the HES data kept centrally on all hospital treatments. This was untrue. A GP practice manager, Helen Wilkinson, was stigmatised as an alcoholic on HES because of a coding error. She had to get her MP to call a debate in Parliament to get this fixed (and even after the minister promised it had been fixed, it hadn’t been; that took months more pushing).

Second, when Tim pressed Phil for a single case where data had been compromised, Phil said “Gordon Brown”. Kelsey’s rebuttal was “That was criminal hacking.” Again, this was untrue; Gordon Brown’s information was accessed by Andrew Jamieson, a doctor in Dunfermline, who abused his authorised access to the system. He was not prosecuted because this was not in the public interest. Yeah, right. And now Kelsey is going to give your GP records not just to almost everyone in the NHS but to university researchers (I have been offered access though I’m not even a medic and despite the fact that academics have lost millions of records in the past), to drug firms like GlaxoSmithKline, and even to Silicon-Valley informatics companies such as 23andme.

Opting out of the latest NHS data grab

Legal issues, News coverage, Politics, Security economics, Security psychology

The next three weeks will see a leaflet drop on over 20 million households. NHS England plans to start uploading your GP records in March or April to a central system, from which they will be sold to a wide range of medical and other research organisations. European data-protection and human-rights laws demand that we be able to opt out of such things, so the Information Commissioner has told the NHS to inform you of your right to opt out.

Needless to say, their official leaflet is designed to cause as few people to opt out as possible. It should really have been drafted like this. (There’s a copy of the official leaflet at the MedConfidential.org website.) But even if it had been, the process still won’t meet the consent requirements of human-rights law as it won’t be sent to every patient. One of your housemates could throw it away as junk before you see it, and if you’ve opted out of junk mail you won’t get a leaflet at all.

Yet if you don’t opt out in the next few weeks your data will be uploaded to central systems and you will not be able to get it deleted, ever. If you don’t opt out your kids in the next few weeks the same will happen to their data, and they will not be able to get their data deleted even if they decide they prefer privacy once they come of age. If you opted out of the Summary Care Record in 2009, that doesn’t count; despite a ministerial assurance to the contrary, you now need to opt out all over again. For further information see the website of GP Neil Bhatia (who drafted our more truthful leaflet) and previous LBT posts on medical privacy.

Reading this may harm your computer

Academic papers, Legal issues, Security economics, Security psychology

David Modic and I have just published a paper on The psychology of malware warnings. We’re constantly bombarded with warnings designed to cover someone else’s back, but what sort of text should we put in a warning if we actually want the user to pay attention to it?

To our surprise, social cues didn’t seem to work. What works best is to make the warning concrete; people ignore general warnings such as that a web page “might harm your computer” but do pay attention to a specific one such as that the page would “try to infect your computer with malware designed to steal your bank account and credit card details in order to defraud you”. There is also some effect from appeals to authority: people who trust their browser vendor will avoid a page “reported and confirmed by our security team to contain malware”.

We also analysed who turned off browser warnings, or would have if they’d known how: they were people who ignored warnings anyway, typically men who distrusted authority and either couldn’t understand the warnings or were IT experts.

Crypto festival video

Internet censorship, Legal issues, News coverage, Open-source security, Politics, Privacy technology, Security economics, Security psychology, Social networks

We had a crypto festival in London in London in November at which a number of cryptographers and crypto policy folks got together with over 1000 mostly young attendees to talk about what might be done in response to the Snowden revelations.

Here is a video of the session in which I spoke. The first speaker was Annie Machon (at 02.35) talking of her experience of life on the run from MI5, and on what we might do to protect journalists’ sources in the future. I’m at 23.55 talking about what’s changed for governments, corporates, researchers and others. Nick Pickles of Big Brother Watch follows at 45.45 talking on what can be done in terms of practical politics; it turned out that only two of us in the auditorium had met our MPs over the Comms Data Bill. The final speaker, Smari McCarthy, comes on at 56.45, calling for lots more encryption. The audience discussion starts at 1:12:00.

Your medical records – now on sale

Legal issues, News coverage, Politics, Privacy technology, Security economics

Your medical records are now officially on sale. American drug companies now learn that MedRed BT Health Cloud will provide public access to 50 million de-identified patient records from UK.

David Cameron announced in 2011 that every NHS patient would be a research patient, with their records opened up to private healthcare firms. He promised that our records would be anonymised and we’d have a right to opt out. I pointed out that anonymisation doesn’t work very well (as did the Royal Society) but the Information Commissioner predictably went along with the charade (and lobbyists are busy fixing up the new data protection regulation in Brussels to leave huge loopholes for health service management and research). The government duly started to compel the upload of GP data, to join the hospital data it already has. During the launch of a medical confidentiality campaign the health secretary promised to respect existing opt-outs but has now reneged on his promise.

The data being put online by BT appear to be the data it already manages from the Secondary Uses Service, which is mostly populated by records of finished consultant episodes from hospitals. These are pseudonymised by removing names and addresses but still have patient postcodes and dates of birth; patient views on this were ignored. I wonder if US purchasers will get these data items? I also wonder whether patients will be able to opt out of SUS? Campaigners have sent freedom of information requests to hundreds of hospitals to find out; so we should know soon enough.

Offender tagging 2.0

Academic papers, Legal issues, News coverage, Security engineering

Three of our clients have been acquitted of tampering with curfew tags after the Ministry of Justice and G4S were unwilling to have an independent forensic team examine their evidence. This brings to five the number of tag-tampering prosecutions that have been withdrawn or collapsed when the defence says “Right, prove it then.” I reported the first case here.

The three latest matters were high-profile terrorism cases, involving three of the nine men tagged under the new Terrorism Prevention and Investigation Measure (TPIM) – a kind of national-security ASBO handed out by MI5, and which had already been criticised by David Anderson QC, the government’s independent reviewer of terrorism legislation, for low standards of proof. Unlike a normal ASBO which a court gives “on the balance of probabilities”, you can get a TPIM if the Home Secretary declares she has a “reasonable suspicion”.

The Ministry of Justice should perhaps, when they let the tagging contracts, have read our 1994 paper on the John Munden case, or the post here about the similar case of Jane Badger. If you’re designing a system one of whose functions is to provide evidence, you’d better design it to withstand hostile review. “Trust us” doesn’t cut it in criminal trials, and neither does “I’m afraid that’s commercially confidential.”

How to deal with emergencies better

Academic papers, Legal issues, News coverage, Politics, Security psychology

Britain has just been hit by a storm; two people have been killed by falling trees, and one swept out to sea. The rail network is in chaos and over 100,000 homes lost electric power. What can security engineering teach about such events?

Risk communication could be very much better. The storm had been forecast for several days but the instructions and advice from authority have almost all been framed in vague and general terms. Our research on browser warnings shows that people mostly ignore vague warnings (“Warning – visiting this web site may harm your computer!”) but pay much more attention to concrete ones (such as “The site you are about to visit has been confirmed to contain software that poses a significant risk to you, with no tangible benefit. It would try to infect your computer with malware designed to steal your bank account and credit card details in order to defraud you”). In fact, making warnings more concrete is the only thing that works here – nudge favourites such as appealing to social norms, or authority, or even putting a cartoon face on the page to activate social cognition, don’t seem to have a significant effect in this context.

So how should the Met Office and the emergency services deal with the next storm?

Continue reading How to deal with emergencies better →

Offender tagging

Hardware & signals, Legal issues, News coverage, Politics, Usability

August was a slow month, but we got a legal case where our client was accused of tampering with a curfew tag, and I was asked for an expert report on the evidence presented by Serco, the curfew tagging contractor. Many offenders in the UK are released early (or escape prison altogether) on condition that they stay at home from 8pm to 8am and wear an ankle bracelet so their compliance can be monitored. These curfew tags have been used for fourteen years now but are controversial for various reasons; but with the prisons full and 17,500 people on tag at any one time, the objective of policy is to improve the system rather than abolish it.

In this spirit I offer a redacted version of my expert report which may give some insight into the frailty of the system. The logs relating to my defendant’s case showed large numbers of false alarms; some of these had good explanations (such as power cuts) but many didn’t. The overall impression is of an unreliable technology surrounded by chaotic procedures. Of policy concern too is that the tagging contractor not only supplies the tags and the back-end systems, but the call centre and the interface to the court system. What’s more, if you break your curfew, it isn’t the Crown Prosecution Service that takes you before the magistrates, but the contractor – relying on expert evidence from one of its subcontractors. Such closed systems are notoriously vulnerable to groupthink. Anyway, we asked the court for access not just to the tag in the case, but a complete set of tagging equipment for testing, plus system specifications, false alarm statistics and audit reports. The contractor promptly replied that “although we continue to feel that the defendant is in breach of the order, our attention has been drawn to a number of factors that would allow me to properly discontinue proceedings in the public interest.”

The report is published with the consent of my client and her solicitor. Long-time readers of this blog may recall similarities with the case of Jane Badger. If you’re designing systems on whose output someone may have to rely in court, you’d better think hard about how they’ll stand up to hostile review.