Data Security of ESI

Data security and the insecurity of electronically stored information (ESI) is ephemeral.  Data security is not as predictable as one would prefer to think.  Any anticipation of a data security incident or of its origin is absolutely unpredictable.  With every incident, the attention is always on possible external sources.  All too often, little effort is…

Data Breach Injury In fact

Data breaches catch all by surprise.  The data breach itself stifles the entity that had the breach.  But to anyone outside that wonders if they have been affected, their opportunity to claim is not that easy to depict.  Standing is an issue that has to be overcome.   The compromise of personal identifiable information (PII) has…

Trade Secrets as Data

Trade secrets are seldom considered as data.  Yet, data records are valuable for daily operations and service delivery and much more.  The valued of data gathered either for diagnostic, screening, marketing, or even predictive work, is crucial.  This data becomes a trade secret.  Database records fall victim to many who seek the potential value of…

Consumer Privacy versus Data Economy Ecosystem

We all hear about privacy needing protection and we also read about the events that have led to infringements of privacy on the occurrence of data breaches.  Essentially, privacy is desired by all and many believe that it is an aspect of life that is common understanding and it is worth respect and consideration. The courts have…