Big Data

Abstract

A Big Data Primer for Executives James R. Kalyvas and David R. Albertson What Is Big Data? Characteristics of Big Data Volume The Internet of Things and Volume Variety Velocity Validation Cross-Disciplinary Approach, New Skills, and Investment Acquiring Relevant Data The Basics of How Big Data Technology Works Summary Notes Overview of Information Security and Compliance: Seeing the Forest for the Trees Michael R. Overly Introduction What Kind of Data Should Be Protected? Why Protections Are Important Common Misconceptions about Information Security Compliance Finding Common Threads in Compliance Laws and Regulations Conclusion Note Information Security in Vendor and Business Partner Relationships Michael R. Overly Introduction Chapter Overview The First Tool: A Due Diligence Questionnaire The Second Tool: Key Contractual Protections Warranties Specific Information Security Obligations Indemnity Limitation of Liability Confidentiality Audit Rights The Third Tool: An Information Security Requirements Exhibit Conclusion Privacy and Big Data Chanley T. Howell Introduction Privacy Laws, Regulations, and Principles that Have an Impact on Big Data The Foundations of Privacy Compliance Notice Choice Access Fair Credit Reporting Act Consumer Reports Increased Scrutiny from the FTC Implications for Businesses Monetizing Personal Information: Are You a Data Broker? The FTC's Reclaim Your Name Initiative Deidentification Online Behavioral Advertising Best Practices for Achieving Privacy Compliance for Big Data Initiatives Data Flow Mapping Illustration Notes Federal and State Data Privacy Laws and Their Implications for the Creation and Use of Health Information Databases M. Leeann Habte Introduction Chapter Overview Key Considerations Related to Sources and Types of Data PHI Collected from Covered Entities Without Individual Authorization Analysis for Covered Entities' Health Care Operations Creation and Use of Deidentified Data Strategies for Aggregation and Deidentification of PHI by Business Associates Marketing and Sale of PHI Creation of Research Databases for Future Research Uses of PHI Sensitive Information Big Data Collected from Individuals Personal Health Records Mobile Technologies and Web-Based Applications Conclusion State Laws Limiting Further Disclosures of Health Information State Law Restrictions Generally Genetic Data: Informed Consent and Data Ownership Conclusion Notes Big Data and Risk Assessment Eileen R. Ridley Introduction What Is the Strategic Purpose for the Use of Big Data? How Does the Use of Big Data Have an Impact on the Market? Does the Use of Big Data Result in Injury or Damage? Does the Use of Big Data Analysis Have an Impact on Health Issues? The Impact of Big Data on Discovery Notes Licensing Big Data Aaron K. Tantleff Overview Protection of the Data/Database Under Intellectual Property Law Copyright Trade Secrets Contractual Protections for Big Data Ownership Rights License Grant Anonymization Confidentiality Salting the Database Termination Fees/Royalties Revenue Models Price Protection Audit Warranty Indemnification Limitation of Liability Conclusion Notes The Antitrust Laws and Big Data Alan D. Rutenberg, Howard W. Fogt, and Benjamin R. Dryden Introduction Overview of the Antitrust Laws Big Data and Price-Fixing Price-Fixing Risks "Signaling" Risks Steps to Reduce Price-Fixing and Signaling Risks Information-Sharing Risks Data Privacy and Security Policies as Facets of Nonprice Competition Price Discrimination and the Robinson-Patman Act Conclusion Notes The Impact of Big Data on Insureds, Insurance Coverage, and Insurers Ethan D. Lenz and Morgan J. Tilleman Introduction The Risks of Big Data Traditional Insurance Likely Contains Significant Coverage Gaps for the Risks Posed by Big Data Cyber Liability Insurance Coverage for the Risks Posed by Big Data Considerations in the Purchase of Cyber Insurance Protection Issues Related to Cyber Liability Insurance Coverage The Use of Big Data by Insurers Underwriting, Discounts, and the Trade Practices Act The Privacy Act Access to Personal Information Correction of Personal Information Disclosure of the Basis for Adverse Underwriting Decisions Third-Party Data and the Privacy Act The Privacy Regulation Conclusion Notes Using Big Data to Manage Human Resources Mark J. Neuberger Introduction Using Big Data to Manage People Absenteeism and Scheduling Identifying Attributes of Success for Various Roles Leading Change Managing Employee Fraud Regulating the Use of Big Data in Human Resource Management Antidiscrimination under Title VII The Genetic Information and Nondiscrimination Act of 2007 National Labor Relations Act Fair Credit Reporting Act State and Local Laws Conclusion Notes Big Data Discovery Adam C. Losey Introduction Big Data, Big Preservation Problems Big Data Preservation The Duty to Preserve: A Time-Tested Legal Doctrine Meets Big Data Avoiding Preservation Pitfalls Failure to Flip the Off Switch The Spreadsheet Error The Never-Ending Hold The Fire and Forget Deputizing Custodians as Information Technology Personnel Pulling the Litigation Hold Trigger Big Data Preservation Triggers Big Database Discovery The Database Difference Databases in Litigation Cooperate Where You Can Object to Unreasonable Demands Be Specific Talk about Database Discovery Early in the Process Big Data Digging Driving the CAR Process The Clawback Judicial Acceptance of CAR Methods Conclusion Notes Glossary Index