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15 December 2024

Recent Data Breaches Raise Serious Privacy Concerns

Privacy commissioner orders disclosure of withheld records as data misuse cases increase.

Privacy has become increasingly prominent on the public agenda as recent rulings and incidents reveal glaring lapses in data protection and unauthorized information access by those entrusted with safeguarding citizen information.

According to recent reports, the privacy commissioner has ruled against the Royal Newfoundland Constabulary (RNC) for its refusal to disclose files related to investigations. The RNC contended the record was excluded from the Access to Information and Protection of Privacy Act. A complainant had approached the privacy commissioner after the RNC withheld the file, which centered around allegations of unauthorized access to personal computers—a potentially criminal act. The privacy commissioner has unequivocally recommended the RNC disclose the record. Should the RNC disagree, it has the option to appeal the decision to the courts under section 50 of the Act.

Meanwhile, the situation is equally alarming elsewhere. Kuwait's Law No. 20/2014, known as the Electronic Inquiry law, is aimed at regulating individuals' privacy and preventing unauthorized access to personal information. Ironically, nearly ten years since its implementation, many officials from the Ministry of Justice have found themselves embroiled in legal trouble for doing precisely what the law sought to prevent: unauthorized access to citizen data for personal inquiries. Judicial sources indicate numerous cases where supervisors and department heads accessed electronic files to fetch sensitive information about citizens, often for trivial matters such as checking the criminal history of marriage applicants or probing past behavior of rental applicants. These acts not only violate the intent of the law but also the privacy rights of individuals, heading straight to criminal court for several officials involved.

This trend raises questions about the adequacy of existing privacy laws and the procedures to enforce them. The Ministry of Justice has declared its commitment to upholding individual privacy, actively pursuing accountability for those who misuse their access under the veil of official duty. "We will not tolerate violations," stated officials, emphasizing the need to protect citizens' data against undue scrutiny.

Adding to the alarm are recent challenges surrounding the National Registration Identity Card (NRIC) numbers. Following several agencies' apologies for mismanagement of this sensitive information, there remains widespread concern over the increased risk of scams and privacy loss linked to the disclosure of full NRIC numbers. Since September 2019, organizations are legally forbidden from collecting, using, or even making copies of NRIC numbers without specific legal requirement. Yet, the public remains apprehensive, fearing identity thieves could exploit the widespread availability of this information.

The government's reassessment of the confidentiality surrounding NRIC numbers may be well-intentioned, but it clarifies how far the public's trust falters. Many still view NRIC numbers as inherently private, raising concerns about how easily accessible this personal data could lead to identity theft and fraud.

What this all highlights is not only the need for stricter enforcement of privacy guidelines and accountability measures but also the pressing need for increased public awareness of how their information is handled. The disclosed data breaches raise an urgent call for agencies and departments to revisit their policies on data management. With citizens growing increasingly aware of their privacy rights, it has become clear: the personal information of individuals demands the utmost protection against dilution and exposure.

Recent rulings and reports serve as stark reminders of the delicate balance between public transparency and the necessity of protecting personal privacy. Whether it's the withholding of investigative files by law enforcement agencies or the careless violation of privacy laws by government employees, the message is crystal clear. Data protection is not just a responsibility—it is, above all, imperative.

Moving forward, agencies must integrate more rigorous measures to safeguard sensitive information and mitigate risks of unauthorized access. Strengthening the culture of privacy within organizations, clear communication with the public about how their data is being protected, and immediate consequences for breaches might go some way toward restoring the dwindling public trust. Without decisive action, we may continue to witness more of these disturbing incidents where privacy is cast aside, leaving individuals vulnerable and disillusioned.

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