- 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
Disclaimer
The law changes frequently and rapidly. It is also subject to differing interpretations. It is up to the reader to review the current state of the law with a qualified attorney and other professionals before relying on it. Neither the authors nor the publisher make any guarantees or warranties regarding the outcome of the uses to which the materials in this book are applied. This book is sold with the understanding that the authors and publisher are not engaged in rendering legal or professional services to the reader.
-
No Comment
..................Content has been hidden....................
You can't read the all page of ebook, please click here login for view all page.