Feeds

Santa putting children's information at risk, warn experts

Kriss Kringle failing to comply with data protection laws

Choosing a cloud hosting partner with confidence

Santa Claus could be breaking privacy laws in his collection and use of data about British children, experts have warned. Yuletide cheer-bringer Claus could be putting the personal data of millions of children at risk.

Data protection laws lay down strict conditions for the use of personal data and there is no evidence that Claus has an adequate compliance programme in place.

Children across Britain who write letters to Claus with a list of gift requests are not told for how long that data is kept, or if it will be used for other purposes such as marketing by third parties.

The Data Protection Act stipulates that data should not be kept for longer than necessary, which would mean 25 December, though Claus may argue that he needs to keep the letters for six years to use in any gift-related lawsuits.

"There is a stream of questions Santa has yet to answer," said William Malcolm, a data protection specialist at Pinsent Masons, the law firm behind OUT-LAW.COM. "Is this information used for anything other than present giving? Information passes out of the EU, so does Santa check the letters for unambiguous, specific and informed consent to this overseas transfer?"

OUT-LAW's attempts to put the questions to Claus were hindered by the lack of an office chimney. Eventually, the questions were put up a domestic chimney but no response was received by time of publication.

The Data Protection Act says that you must inform someone when you are collecting data about them, and tell them what the purpose of collection is.

"What about the naughty/nice database?" said Malcolm. "Are children given notice that behavioural data is being collected about them throughout the year? And does it qualify as covert monitoring, which would breach Article 8 of the European Convention on Human Rights?"

People can make a subject access request of databases holding their personal information, but the database operator has 40 days in which to respond. Children are now too late, therefore, to find out before Christmas if they are on the naughty or nice section of the system.

Tomorrow: OUT-LAW exposes Claus's cavalier approach to consumer protection.

Copyright © 2007, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Beginner's guide to SSL certificates

More from The Register

next story
Russian hackers exploit 'Sandworm' bug 'to spy on NATO, EU PCs'
Fix imminent from Microsoft for Vista, Server 2008, other stuff
FYI: OS X Yosemite's Spotlight tells Apple EVERYTHING you're looking for
It's on by default – didn't you read the small print?
Microsoft pulls another dodgy patch
Redmond makes a hash of hashing add-on
'LulzSec leader Aush0k' found to be naughty boy not worthy of jail
15 months home detention leaves egg on feds' faces as they grab for more power
Kill off SSL 3.0 NOW: HTTPS savaged by vicious POODLE
Pull it out ASAP, it is SWISS CHEESE
Facebook slurps 'paste sites' for STOLEN passwords, sprinkles on hash and salt
Zuck's ad empire DOESN'T see details in plain text. Phew!
Admins! Never mind POODLE, there're NEW OpenSSL bugs to splat
Four new patches for open-source crypto libraries
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.