1st Edition
Big Data A Business and Legal Guide
Big Data: A Business and Legal Guide supplies a clear understanding of the interrelationships between Big Data, the new business insights it reveals, and the laws, regulations, and contracting practices that impact the use of the insights and the data. Providing business executives 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 effectively implement the right solutions to collecting, licensing, handling, and using Big Data.
The book brings together subject matter experts who examine a different area of law in each chapter and explain how these laws can affect the way your business or organization can use Big Data. These experts also supply recommendations as to the steps your organization can take to maximize Big Data opportunities without increasing risk and liability to your organization.
- Provides a new way of thinking about Big Data that will help readers address emerging issues
- Supplies real-world advice and practical ways to handle the issues
- Uses examples pulled from the news and cases to illustrate points
- Includes a non-technical Big Data primer that discusses the characteristics of Big Data and distinguishes it from traditional database models
Taking a cross-disciplinary approach, the book will help executives, managers, and counsel better understand the interrelationships between Big Data, decisions based on Big Data, and the laws, regulations, and contracting practices that impact its use. After reading this book, you will be able to think more broadly about the best way to harness Big Data in your business and establish procedures to ensure that legal considerations are part of the decision.
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
Biography
James R. Kalyvas is a partner with Foley & Lardner LLP and a member of the firm's national Management Committee. He is the firm's chief strategy officer, chair of the firm's Technology Transactions and Outsourcing Practice, and a member of the Technology and Health Care Industry Teams. Mr. Kalyvas advises companies, public entities, and associations on all matters involving the use of information technology, including structuring technology initiatives (e.g., outsourcing, ERP, CRM); vendor selection (RFP strategies, development, and response review); negotiations; technology implementation (professional service agreements, SOWs, and SLAs); and enterprise management of technology assets. Mr. Kalyvas specializes in structuring and negotiating outsourcing transactions, enterprise resource planning initiatives, and unique business partnering relationships.
He has incorporated his experience in handling billions of dollars of technology transactions into the development of several proprietary tools relating to the effective management of the technology selection, negotiation, implementation, and management processes. Mr. Kalyvas has been Peer Review Rated as AV Preeminent the highest performance rating in Martindale-Hubbell's peer review rating system and in 2010-2013, the Legal 500 recognized him for his technology work, specifically in the areas of outsourcing and transactions. In addition, Mr. Kalyvas was recognized in Chambers USA for his technology transactions and outsourcing work (2012 and 2013), and the International Association of Outsourcing Professionals recognized Foley & Lardner on its 2013 World's Best Outsourcing Advisor list. Mr. Kalyvas has authored articles and books relating to software licensing and the negotiation of information systems.
He coauthored the publication Software Agreements Line by Line (Aspatore Books, 2004) and Negotiating Telecommunications Agreements Li