book

Big Data

by James R. Kalyvas, Michael R. Overly

September 2014

Beginner to intermediate

240 pages

6h 5m

English

Auerbach Publications

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Dedications
Disclaimer
Why We Wrote This Book
Acknowledgments
About the Authors
Contributors
Chapter 1 - A Big Data Primer for Executives
1.1 What Is Big Data?1.1.1 Characteristics of Big Data1.1.2 Volume1.1.3 The Internet of Things and Volume1.1.4 Variety1.1.5 Velocity1.1.6 Validation1.2. Cross-Disciplinary Approach, New Skills, and Investment1.3 Acquiring Relevant Data1.4 The Basics of How Big Data Technology Works1.5 SummaryNotes
Chapter 2 - Overview of Information Security and Compliance: Seeing the Forest for the Trees
2.1 Introduction2.2 What Kind of Data Should Be Protected?2.3 Why Protections Are Important2.4 Common Misconceptions about Information Security Compliance2.5 Finding Common Threads in Compliance Laws and Regulations2.6 ConclusionNote
Chapter 3 - Information Security in Vendor and Business Partner Relationships
3.1 Introduction3.2 Chapter Overview3.3 The First Tool: A Due Diligence Questionnaire3.4 The Second Tool: Key Contractual Protections3.4.1 Warranties3.4.2 Specific Information Security Obligations3.4.3 Indemnity3.4.4 Limitation of Liability3.4.5 Confidentiality3.4.6 Audit Rights3.5 The Third Tool: An Information Security Requirements Exhibit3.6 Conclusion
Chapter 4 - Privacy and Big Data
4.1 Introduction4.2 Privacy Laws, Regulations, and Principles That Have an Impact on Big Data4.3 The Foundations of Privacy Compliance4.4 Notice4.5 Choice4.6 Access4.7 Fair Credit Reporting Act4.8 Consumer Reports4.9 Increased Scrutiny from the FTC4.10 Implications for Businesses4.11 Monetizing Personal Information: Are You a Data Broker?4.12 The FTC’s Reclaim Your Name Initiative4.13 Deidentification4.14 Online Behavioral Advertising4.15 Best Practices for Achieving Privacy Compliance for Big Data Initiatives4.16 Data Flow Mapping IllustrationNotes

Chapter 5 - Federal and State Data Privacy Laws and Their Implications for the Creation and Use of Health Information Databases
5.1 Introduction5.2 Chapter Overview5.3 Key Considerations Related to Sources and Types of Data5.4 PHI Collected from Covered Entities without Individual Authorization5.4.1 Analysis for Covered Entities’ Health Care Operations5.4.2 Creation and Use of Deidentified Data5.4.3 Strategies for Aggregation and Deidentification of PHI by Business Associates5.4.4 Marketing and Sale of PHI5.4.5 Creation of Research Databases for Future Research Uses of PHI5.4.6 Sensitive Information5.5 Big Data Collected from Individuals5.5.1 Personal Health Records5.5.2 Mobile Technologies and Web-Based Applications5.5.3 Conclusion5.6 State Laws Limiting Further Disclosures of Health Information5.6.1 State Law Restrictions Generally5.6.2 Genetic Data: Informed Consent and Data Ownership5.7 ConclusionNotes
Chapter 6 - Big Data and Risk Assessment
6.1 Introduction6.2 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 DiscoveryNotes
Chapter 7 - Licensing Big Data
7.1 Overview7.2 Protection of the Data/Database under Intellectual Property Law7.2.1 Copyright7.2.2 Trade Secrets7.2.3 Contractual Protections for Big Data7.3 Ownership Rights7.4 License Grant7.5 Anonymization7.6 Confidentiality7.7 Salting the Database7.8 Termination7.9 Fees/Royalties7.9.1 Revenue Models7.9.2 Price Protection7.10 Audit7.11 Warranty7.12 Indemnification7.13 Limitation of Liability7.14 ConclusionNotes
Chapter 8 - The Antitrust Laws and Big Data
8.1 Introduction8.2 Overview of the Antitrust Laws8.3 Big Data and Price-Fixing8.4 Price-Fixing Risks8.5 “Signaling” Risks8.6 Steps to Reduce Price-Fixing and Signaling Risks8.7 Information-Sharing Risks8.8 Data Privacy and Security Policies as Facets of Nonprice Competition8.9 Price Discrimination and the Robinson–Patman Act8.10 ConclusionNotes
Chapter 9 - The Impact of Big Data on Insureds, Insurance Coverage, and Insurers
9.1 Introduction9.2 The Risks of Big Data9.3 Traditional Insurance Likely Contains Significant Coverage Gaps for the Risks Posed by Big Data9.4 Cyber Liability Insurance Coverage for the Risks Posed by Big Data9.5 Considerations in the Purchase of Cyber Insurance Protection9.6 Issues Related to Cyber Liability Insurance Coverage9.7 The Use of Big Data by Insurers9.8 Underwriting, Discounts, and the Trade Practices Act9.9 The Privacy Act9.10 Access to Personal Information9.11 Correction of Personal Information9.12 Disclosure of the Basis for Adverse Underwriting Decisions9.13 Third-Party Data and the Privacy Act9.14 The Privacy Regulation9.15 ConclusionNotes
Chapter 10 - Using Big Data to Manage Human Resources
10.1 Introduction10.2 Using Big Data to Manage People10.2.1 Absenteeism and Scheduling10.2.2 Identifying Attributes of Success for Various Roles10.2.3 Leading Change10.2.4 Managing Employee Fraud10.3 Regulating the Use of Big Data in Human Resource Management10.4 Antidiscrimination under Title VII10.5 The Genetic Information and Nondiscrimination Act of 200710.6 National Labor Relations Act10.7 Fair Credit Reporting Act10.8 State and Local Laws10.9 ConclusionNotes
Chapter 11 - Big Data Discovery
11.1 Introduction11.2 Big Data, Big Preservation Problems11.3 Big Data Preservation11.3.1 The Duty to Preserve: A Time-Tested Legal Doctrine Meets Big Data11.3.2 Avoiding Preservation Pitfalls11.3.2.1 Failure to Flip the Off Switch11.3.2.2 The Spreadsheet Error11.3.2.3 The Never-Ending Hold11.3.2.4 The Fire and Forget11.3.2.5 Deputizing Custodians as Information Technology Personnel11.3.3 Pulling the Litigation Hold Trigger11.3.4 Big Data Preservation Triggers11.4 Big Database Discovery11.4.1 The Database Difference11.4.2 Databases in Litigation11.4.3 Cooperate Where You Can11.4.4 Object to Unreasonable Demands11.4.5 Be Specific11.4.6 Talk about Database Discovery Early in the Process11.5 Big Data Digging11.5.1 Driving the CAR Process11.5.2 The Clawback11.6 Judicial Acceptance of CAR Methods11.7 ConclusionNotes
Glossary

Overview

Big Data: A Business and Legal Guide supplies a clear understanding of the interrelationships between Big Data and the laws, regulations, and contracting practices that impact its use. Providing business professionals and lawyers (in-house and in private practice) with an accessible primer on Big Data and its business implications, this book will enable readers to quickly grasp the key issues and immediately begin implementing powerful solutions to collecting, licensing, handling, and using Big Data. The book brings together a collection of subject matter experts that examine a different area of law in each chapter and explain how these laws can affect the way an organization can use Big Data.

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