Think Progress

Chertoff Says Fingerprints Aren’t ‘Personal Data’

Our guest blogger, Peter Swire, is a senior fellow at the Center for American Progress and served as the Clinton Administration’s Chief Counselor for Privacy.

chertoffHomeland Security Secretary Michael Chertoff has badly stumbled in discussing the Bush administration’s push to create stricter identity systems. Chertoff was recently in Canada discussing, among other topics, the so-called “Server in the Sky” program to share fingerprint databases among the U.S., Canada, the U.K., and Australia.

In a recent briefing with Canadian press (which has yet to be picked up in the U.S.), Chertoff made the startling statement that fingerprints are “not particularly private”:

QUESTION: Some are raising that the privacy aspects of this thing, you know, sharing of that kind of data, very personal data, among four countries is quite a scary thing.

SECRETARY CHERTOFF: Well, first of all, a fingerprint is hardly personal data because you leave it on glasses and silverware and articles all over the world, they’re like footprints. They’re not particularly private.

Many of us should rightfully be surprised that our fingerprints aren’t considered “personal data” by the head of DHS. Even more importantly, DHS itself disagrees. In its definition of “personally identifiable information” — the information that triggers a Privacy Impact Assessment when used by government — the Department specifically lists: “biometric identifiers (e.g., fingerprints).”

Chertoff’s comments have drawn sharp criticism from Jennifer Stoddart, the Canadian official in charge of privacy issues. “Fingerprints constitute extremely personal information for which there is clearly a high expectation of privacy,” Stoddart said.

There are compelling reasons to treat fingerprints as “extremely personal information.” The strongest reason is that fingerprints, if not used carefully, will become the biggest source of identity theft. Fingerprints shared in databases all over the world won’t stay secret for long, and identity thieves will take advantage.

A quick web search on “fake fingerprints” turns up cheap and easy methods for do-it-at-home fake fingerprints. As discussed by noted security expert Bruce Schneier, one technique is available for under $10. It was tried “against eleven commercially available fingerprint biometric systems, and was able to reliably fool all of them.” Secretary Chertof either doesn’t know about these clear results or chooses to ignore them. He said in Canada: “It’s very difficult to fake a fingerprint.”

Chertoff’s argument about leaving fingerprints lying around on “glasses and silverware” is also beside the point. Today, we leave our Social Security numbers lying around with every employer and numerous others. Yet the fact that SSNs (or fingerprints) are widely known exposes us to risk.

There have been numerous questions raised about how this Administration is treating our personal information. Secretary Chertoff’s comments show a new reason to worry — they don’t think it’s “personal” at all.

Peter Swire



68 Responses to “Chertoff Says Fingerprints Aren’t ‘Personal Data’”

  1. Dumb_Hussein_Fox says:

    “…a fingerprint is hardly personal data because you leave it on glasses and silverware and articles all over the world, they’re like footprints.”

    On that basis, neither is your DNA “particularly private”.


  2. Uncle Ho says:

    does this mean that if I’m out in public, step on some broken glass and bleed, that my blood left behind is not personal data, but in the public domain? My blood can be collected and DNA information can be obtained by anyone?


  3. MapleStreet says:

    So my fingerprint as a personal computer login isn’t a secret anymore ?


  4. RUCerious says:

    Oh, and by the way, your retinas also belong to the state.


  5. Wayne says:

    IN BushWorld, nothing is “private” unless you are talking about the Administration.
    Sadly, in BushWorld, the (P)resident has more privacy than he allows citizens, when it should be the other way around.

    Someone needs to pull the Constitution and the Bill of Rights back out of the trashcan Bush through them into.


  6. Zimzone says:

    Nothing is private under the Boy King’s rule.

    Chertoff is a quite typical Bushlicker. They state opinions that oppose established policy, because they don’t know the first thing about what their jobs entail.

    Ignorant? Yes.

    Willful ignorance. Most likely.

    I thought the most important part of the article was ‘which has yet to picked up by US media’. In other words, it’s not going to be. Period.

    Just like the blackout on Iraq invasion coverage, this so called ‘left leaning’ media is just another corporate lapdog.

    I posted earlier about last night’s PBS Frontline show, ‘Sick Around the World’. Of the 5 democratic systems reviewed, 3 of them had no health premium costs at all. None. The wait was no longer, and in some cases, shorter, than wait time here. Care was just as good or better, and their experts explained they didn’t trust the ‘free market’ to do the right thing with health care.

    Free market should be call ‘uncontrolled market’. And that, my friends, is the problem. Uncontrolled markets are raping America’s most needy and least able to pay. Uncontrolled markets are gouging, fixing, elevating and controlling prices.

    Couple that with banks, insurers, oil interests and Wall St., and you begin to see how they will not stop until we convince Congress our Country is on fire.

    Chertoff is a dumbshit, but dangerous, just the same.


  7. Wayne says:

    through should have been threw.


  8. fletc3her says:

    I’m wearing gloves from now on :)


  9. dim wit says:

    In Hayes v. Florida, the SC ruled the taking of fingerprints w/o probable cause is a violation of the 4th Amendment.

    While the right likes to complaint about “activist judges” it appears they are more than willing to allow the Homeland Security Secretary to re-write our Constitution.


  10. Zimzone says:

    Caption:
    ‘Beaker’, one of the Muppets, is sworn in or sworn at…


  11. Kay says:

    Cheney & Chertoff: the 2 most dangerous men in America.


  12. Fred says:

    And they wonder why we call them Nazi’s…….

    present your papers…


  13. PatrioticLiberalChristian says:

    So, with the Freedom of Information Act we can all get a copy of Chertoff’s, Cheney’s, and Bush’s fingerprints to make our own artistic display for our living rooms?


  14. RUCerious says:

    And the brand spankin new super duper secret spy system is about to directed at Amurikkans for the first time???
    Welcome to Amurikka, y’all.


  15. Witch1 says:

    This work’s so well considering how good the people checking the print’s are. Yah! right….Case in point, a fellow in Wash. State was arrested and put in jail awhile back because one of the “Print master’s” matched in error his print’s to a bombing…It just keep’s getting worse…Speaking of getting worse when is TP going to bring back the comment’s tag’s at the bottom of the post’s?…Guess we can’t praise a poster or tag a troll any more…~Blessings~


  16. Bilbo Hussein Baggins says:

    God I hope we can survive the next 9 months until Obama takes office. These guys are getting scarier and scarier as the days tick down to their departure.


  17. PatrioticLiberalChristian says:

    It is a disturbing irony that this administration considers the personal information of “we, the people” as accessible to them while simultaneously withholding information about their actions in their official capacity of our representatives in government.


  18. Zimzone says:

    PatrioticLiberalChristian Says:

    It is a disturbing irony that this administration considers the personal information of “we, the people” as accessible to them while simultaneously withholding information about their actions in their official capacity of our representatives in government.

    This deserves re-posting; it’s also a method to bypass the lack of a ‘recommend’ option.


  19. impeachcheneythenbush says:

    What can you expect from the guy who co-authored the “Patriot Act?”


  20. Fred says:

    PatrioticLiberalChristian Says:So, with the Freedom of Information Act we can all get a copy of Chertoff’s, Cheney’s, and Bush’s fingerprints to make our own artistic display for our living rooms?

    No it doesn’t apply to them…..they are special.


  21. Zimzone says:

    Is Chertoff paid by both the USA & Israel?

    Does dual citizenship for a man in this position sit well with you?

    Where are Chertoff’s REAL security concerns?


  22. Fan of Man says:

    DNA is NOT personal data either, right?

    jebus.


  23. impeachcheneythenbush says:

    RUCerious Says:

    And the brand spankin new super duper secret spy system is about to directed at Amurikkans for the first time???
    Welcome to Amurikka, y’all.

    Do you have more information about this or a link? I’ve heard vague rumors about it, but haven’t seen anything specific yet.


  24. po says:

    Well, since were going to allow them to continue to stack the federal judiciary, Chertoff’s view will likely become the law of the land soon and fingerprints will not be private anymore.


  25. TheToonGuy says:

    We need a moderator here, stat!


  26. Bilbo Hussein Baggins says:

    bourbonix.com Says:

    So now we not only have ridiculous trolls here, we have spammers too. Come on TP, let’s get on cleaning up this site before it dies.


  27. Witch1 says:

    Look’s like TP is now wide oen to troll’s and commercial spammer’s as well….Since the change over I have been having nothing but trouble with my pass word access and refreshing the post’s….Time for this old witch to leave untill all the crap is fixed…Blessings all, may see you on the flip side when it’s fixed.


  28. Art says:

    Maybe the Homeland Security Secretary should be familiar with what is stated in the Homeland Security Official Guidance document that states;

    “Examples of personally identifiable information include: Name, date of birth, mailing address, telephone number, social security number, e-mail address, zip code, address,
    account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), internet protocol addresses, biometric identifiers (e.g.,fingerprints), photographic facial images, any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify an individual.”


  29. PatrioticLiberalChristian says:

    one more spam from bourbonix and I’m going to return the favor on its blog.


  30. IgnoranceIsNotBliss says:

    Chertoff gets to leave when the shrub and darth cheney leave right?


  31. Evil Spaniard says:

    “Chertoff Says Fingerprints Aren’t ‘Personal Data’”

    per·son·al /?p?rs?nl/ Pronunciation Key – Show Spelled Pronunciation[pur-suh-nl] Pronunciation Key – Show IPA Pronunciation
    –adjective 1. of, pertaining to, or coming as from a particular person; individual; private.
    2. relating to, directed to, or intended for a particular person: a personal favor; one’s personal life; a letter marked “Personal.”

    So, Chertoffie?


  32. Zivnuska says:

    Fingerprints and phone conversations of private individuals conducting personal conversations are not confidential but public officials conducting the publics business get to have secret emails, a secret energy task force, and are exempt from testifying before congress.

    Citizen secrecy–bad, government secrecy–good. George W. Orwell


  33. Freedom Rebel says:

    By conducting a PIA, the Department demonstrates its consideration of privacy during the
    development of programs and systems and thus upholds the Department’s commitment to
    maintain public trust and accountability. Without the trust of the public, the Department’s mission
    is made more difficult.
    By documenting the procedures and measures through which the
    Department protects the privacy of individuals, the Department can better carry out its mission.

    In what way is the Department demonstrating it’s concern for our privacy. I don’t think you are going to invoke alot of trust if our fingerprints are not considered personal information. It raises public knowledge that our rights are slowly and painful being eroded everyday.


  34. RUCerious says:

  35. Wayne says:

    ** This call is being recorded or monitored to insure the highest quality of your Patriotism, thank you **Beep


  36. ennealogic says:

    That is so totally absurd. HIPAA defines data that MUST be protected as any information that can be used to personally identify an individual. If fingerprints don’t qualify as this kind of data, I don’t know what does.


  37. Evil Spaniard says:

    Wayne Says:

    ** This call is being recorded or monitored to insure the highest quality of your Patriotism, thank you **Beep

    April 16th, 2008 at 11:53 am

    ** Please, select your favorite detention center. Press 1 for Guantánamo. Press 2 for Abu Graihb. Press 3 for Azerbaijan. Press 4 for all off the above. **

    *beep*

    ** Now, please, select your favored Enhanced Interrogation Technique… **


  38. McWars says:

    Ghost of 9/11 Says:

    Please stop reposting those links.


  39. Buckie Boy says:

    I’ve got nothing to say until TP brings back the abuse link, the trolls have destroyed this site.


  40. impeachcheneythenbush says:

    the current us terrorist government is momentarily trying to ignore that the dollar is momentarily loosing 1% of its value each day

    I went to France in May of 2004. The Euro was valued at $1.25 at that time. It’s at a new high today of $1.5956. That’s almost a $.35 decrease in the value of the dollar vs. the Euro. If you have a 401K or other investment options, my suggestion would be to purchase Euros through an ETF (I’m in CurrencyShares Euro: FXE) and purchase gold bullion through an ETF as well, such as Ishares Comex Gold Trust: IAU. Don’t buy gold stocks…the producers are in trouble and even more so with the rising cost of oil.


  41. Exit Stage Left says:

    From the article RUCerious linked:

    The program will not be used to intercept voice or data communications, but to obtain satellite imagery. All law enforcement requests must be accompanied by a warrant, and a third party panel that includes Justice Department officials will thoroughly vet all requests to ensure civil liberties are not violated.

    And we can take them at their word right? NOT

    We are totally and utterly screwed.


  42. Exit Stage Left says:

    Why is it I am becoming less and less confident there will actually be an election this year?


  43. Witch1 says:

    Thank You TP.Guess you read my comment here and my email as well…Improvement noted….Blessings


  44. Doc Rock says:

    Nothing is private to the Skull!


  45. jimmy higgins says:

    I’m surprised nobody here has given the props to Germany’s Chaos Computer Club, who recently hacked the fingerprint of their Interior Minister, Wolfgang Schäuble, and distributed thousands of “wearable” copies with their magazine.


  46. one more clue says:

    Secretary Chertof . . . said in Canada: “It’s very difficult to fake a fingerprint.”

    Obviously Secretary Chertoff doesn’t watch CSI. lol


  47. seajane says:

    If Skeletor has problems reading maybe he could be shown this episode of “Mythbusters” — where Jamie and Adam fooled an optical fingerprint reader with a copy of an approved fingerprint etched in latex, one made out of ballistics gel, and even a paper copy of an approved fingerprint.

    Idiot!


  48. sacopenapa says:

    He can get his fingerprints up his…


  49. stateofthedivision says:

    The federal government wants to begin collecting DNA samples from anyone who is arrested by a federal law enforcement agency. That would be a departure from the current practice of collecting samples only from convicted felons.

    http://www.nytimes.com/aponline/us/AP-DNA-Collection.html


  50. Bad Eye says:

    A fingerprint uniquely identifies each of us…a footprint does not.

    What an ass.


  51. framecrash says:

    SECRETARY CHERTOFF: Well, first of all, a fingerprint is hardly personal data …they’re not particularly private.

    Perhaps Secretary Chertoff wouldn’t mind making his fingerprints publically available, then.


  52. batteries says:

    I thought the most important part of the article was ‘which has yet to picked up by US media’. In other words, it’s not going to be. Period.

    Just like the blackout on Iraq invasion coverage, this so called ‘left leaning’ media is just another corporate lapdog.

    I posted earlier about last night’s PBS Frontline show, ‘Sick Around the World’. Of the 5 democratic systems reviewed, 3 of them had no health premium costs at all. None. The wait was no longer, and in some cases, shorter, than wait time here. Care was just as good or better, and their experts explained they didn’t trust the ‘free market’ to do the right thing with health care.

    Free market should be call ‘uncontrolled market’. And that, my friends, is the problem. Uncontrolled markets are raping America’s most needy and least able to pay. Uncontrolled markets are gouging, fixing, elevating acer aspire 4310 battery,acer aspire 4520 battery and controlling prices.

    Couple that with banks, insurers, oil interests and Wall St., and you begin to see how they will not stop until we convince Congress our Country is on fire.


  53. doktorgizemli says:

    This is another example that the “old world jounalism of Murrow, Cronkite and Rather is dead and buried. In the case of the Time Magazine reporter Ms Tumulty, she seems to think the finding out the who, what, where, when and how have been replaced with a steno pad, which she records what ABC said in rebuttle to the complaint of Congressman Kucinich. There is a great disconnect with what happened and the points made by ABC. She asks little of no questions to ABC. She takes what is handed to her and repeats it vebatim and then calls that reporting. I call is stenography. Lida Sohbet sohbet sesli chat Gelinlik Modelleri


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  55. doktorgizemli says:

    If you’re referring to Karl Schwarz’ articles, if they are true, how will we ever know unless the news media gets involved without bias? The military under orders not to speak out may never convey Karl Scharz’ expose’. Sesli Sohbet If Cheney was truly involved in 9/11 and protected in some way, then he’s being protected by what may be going on in the Caspian Sea area as well. That pre-9/11 August 10, 2000 article drives the point home to me that Cheney had a vested interest in the oil at the Caspian Sea area (before 9/11). Fx15 From all I’ve read in Schwarz’ articles, he claims the Taliban was working on a deal with Argentina with that pipeline in the Caspian Sea area and UNOCOL wanted the deal instead. Orjinal Lida It’s too much to get into here and I’m not able to convey in here what Schwarz has presented in his articles. Sikis Dig into Schwarz’ articles to learn more about the unnamed soldier’s experiences related to so-called Black Ops missions in the Caspian Sea area in Schwarz’ article. What Schwarz had to present in this article is an eye opener: kurtlar vadisi pusu izle



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  59. Oyun says:

    The strongest reason is that fingerprints, if not used carefully, will become the biggest source of identity theft. Fingerprints shared in databases all over the world won’t stay secret for long, and identity thieves will take advantage.


  60. doktorgizemli says:

    Just like the cold war when everyone who didn’t agree with the U.S. was either a communist or a communist sympathizer. Lida This poor crazy guy spent half a decade being tortured because a bunch of stupid politicians Lida were sure the NVA was in bed with the Russians (minimal help) and/or the Chinese (ancient enemy of the vietnamese). Orjinal Lida You would think he would have learned from others’ mistakes. Guess not. Republicans need an enemy. yuda This century it apparently will be all Muslims, Elektronik Sigara all of whom must be alQaeda operatives.


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    Just like the cold war when everyone who didn’t agree with the U.S. was either a communist or a communist sympathizer. toki This poor crazy guy spent half a decade being tortured because a bunch

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