- Dedications
- Disclaimer
- Why We Wrote This Book
- Acknowledgments
- About the Authors
- Contributors
- Chapter 1 - A Big Data Primer for Executives
- Chapter 2 - Overview of Information Security and Compliance: Seeing the Forest for the Trees
- Chapter 3 - Information Security in Vendor and Business Partner Relationships
- Chapter 4 - Privacy and Big Data
- 4.1 Introduction
- 4.2 Privacy Laws, Regulations, and Principles That Have an Impact on Big Data
- 4.3 The Foundations of Privacy Compliance
- 4.4 Notice
- 4.5 Choice
- 4.6 Access
- 4.7 Fair Credit Reporting Act
- 4.8 Consumer Reports
- 4.9 Increased Scrutiny from the FTC
- 4.10 Implications for Businesses
- 4.11 Monetizing Personal Information: Are You a Data Broker?
- 4.12 The FTC’s Reclaim Your Name Initiative
- 4.13 Deidentification
- 4.14 Online Behavioral Advertising
- 4.15 Best Practices for Achieving Privacy Compliance for Big Data Initiatives
- 4.16 Data Flow Mapping Illustration
- Notes
- Chapter 5 - Federal and State Data Privacy Laws and Their Implications for the Creation and Use of Health Information Databases
- 5.1 Introduction
- 5.2 Chapter Overview
- 5.3 Key Considerations Related to Sources and Types of Data
- 5.4 PHI Collected from Covered Entities without Individual Authorization
- 5.4.1 Analysis for Covered Entities’ Health Care Operations
- 5.4.2 Creation and Use of Deidentified Data
- 5.4.3 Strategies for Aggregation and Deidentification of PHI by Business Associates
- 5.4.4 Marketing and Sale of PHI
- 5.4.5 Creation of Research Databases for Future Research Uses of PHI
- 5.4.6 Sensitive Information
- 5.5 Big Data Collected from Individuals
- 5.6 State Laws Limiting Further Disclosures of Health Information
- 5.7 Conclusion
- Notes
- Chapter 6 - Big Data and Risk Assessment
- 6.1 Introduction
- 6.2 What Is the Strategic Purpose for the Use of Big Data?
- 6.3 How Does the Use of Big Data Have an Impact on the Market?
- 6.4 Does the Use of Big Data Result in Injury or Damage?
- 6.5 Does the Use of Big Data Analysis Have an Impact on Health Issues?
- 6.6 The Impact of Big Data on Discovery
- Notes
- Chapter 7 - Licensing Big Data
- 7.1 Overview
- 7.2 Protection of the Data/Database under Intellectual Property Law
- 7.3 Ownership Rights
- 7.4 License Grant
- 7.5 Anonymization
- 7.6 Confidentiality
- 7.7 Salting the Database
- 7.8 Termination
- 7.9 Fees/Royalties
- 7.10 Audit
- 7.11 Warranty
- 7.12 Indemnification
- 7.13 Limitation of Liability
- 7.14 Conclusion
- Notes
- Chapter 8 - The Antitrust Laws and Big Data
- 8.1 Introduction
- 8.2 Overview of the Antitrust Laws
- 8.3 Big Data and Price-Fixing
- 8.4 Price-Fixing Risks
- 8.5 “Signaling” Risks
- 8.6 Steps to Reduce Price-Fixing and Signaling Risks
- 8.7 Information-Sharing Risks
- 8.8 Data Privacy and Security Policies as Facets of Nonprice Competition
- 8.9 Price Discrimination and the Robinson–Patman Act
- 8.10 Conclusion
- Notes
- Chapter 9 - The Impact of Big Data on Insureds, Insurance Coverage, and Insurers
- 9.1 Introduction
- 9.2 The Risks of Big Data
- 9.3 Traditional Insurance Likely Contains Significant Coverage Gaps for the Risks Posed by Big Data
- 9.4 Cyber Liability Insurance Coverage for the Risks Posed by Big Data
- 9.5 Considerations in the Purchase of Cyber Insurance Protection
- 9.6 Issues Related to Cyber Liability Insurance Coverage
- 9.7 The Use of Big Data by Insurers
- 9.8 Underwriting, Discounts, and the Trade Practices Act
- 9.9 The Privacy Act
- 9.10 Access to Personal Information
- 9.11 Correction of Personal Information
- 9.12 Disclosure of the Basis for Adverse Underwriting Decisions
- 9.13 Third-Party Data and the Privacy Act
- 9.14 The Privacy Regulation
- 9.15 Conclusion
- Notes
- Chapter 10 - Using Big Data to Manage Human Resources
- 10.1 Introduction
- 10.2 Using Big Data to Manage People
- 10.3 Regulating the Use of Big Data in Human Resource Management
- 10.4 Antidiscrimination under Title VII
- 10.5 The Genetic Information and Nondiscrimination Act of 2007
- 10.6 National Labor Relations Act
- 10.7 Fair Credit Reporting Act
- 10.8 State and Local Laws
- 10.9 Conclusion
- Notes
- Chapter 11 - Big Data Discovery
- 11.1 Introduction
- 11.2 Big Data, Big Preservation Problems
- 11.3 Big Data Preservation
- 11.4 Big Database Discovery
- 11.5 Big Data Digging
- 11.6 Judicial Acceptance of CAR Methods
- 11.7 Conclusion
- Notes
- Glossary
Dedications
To Julie, Alex, and Zach
For love, joy, and everything important.
—James R. Kalyvas
For my parents.
—Michael R. Overly
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