Forensic Update

Reflections on information management within the legal and regulatory arena

Posts Tagged ‘emr’

ForensicUpdate Editor to present on two CyberSecurity Panels…

Posted by Johnny Lee on May 7, 2012

This year’s AccessData User’s Conference will be help in Las Vegas. This conference brings together world-class instruction from real-world industry practitioners, and it provides a wealth of information related to cybersecurity, forensics, and eDiscovery.

This three-day conference will include luminaries from around the world, leading sessions and delving into the complexities related to acquiring, analyzing, and managing data in fast-paced environments and situations. There is a variety of break-out sessions and hands-on laboratories designed to improve the participants’ skills and to apply what they have learned.

ForensicUpdate editor, Johnny Lee, will participate in two panel discussions: “Data Governance and eDiscovery” and “Data Breaches.”  Click here for more details.

Advertisements

Posted in Computer Forensics, Data Governance, eDiscovery, Information Security, Investigations, Privacy, Records Retention, Social Networking | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

DLA Piper publishes global handbook on Data Privacy Laws…

Posted by Johnny Lee on April 23, 2012

The safeguarding of personal information by organizations has never been more difficult or more necessary.  This is true not merely because of the relatively unchecked trends of data proliferation and data portability but also because of the increasingly complicated legal and regulatory landscape.

Organizations of all sizes are struggling with this, but multi-national companies have a unique set of challenges in trying to identify —much less reconcile — the myriad of rules, regulations, and laws related to the protection of personal data.  This is what makes DLA Piper’s subject contribution such a welcome addition to the compliance literature.

The DLA Piper Information Law Team have published a handbook with “an overview of the applicable privacy and data protection laws and regulations across 58 different jurisdictions, including a section on enforcement.  Edited by Cameron Craig, Paul McCormack, Jim Halpert, Kate Lucente, and Arthur Cheuk, the DLA Piper 2011/2012 Data Protection Laws of the World Handbook is available here.”

Posted in Data Governance, ECM, Information Security, Privacy, Records Retention | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

2012 Perspectives from the Chief Audit Executive’s office…

Posted by Johnny Lee on April 2, 2012

Grant Thornton’s latest thought leadership in the audit and compliance arena focuses on the perspective of the chief audit executive (“CAE”).  The survey, entitled “Rising to new challenges: The view from the office of the CAE,” includes input from approximately three hundred CAEs from around the United States.

With “promising economic signs emerging, organizational demands are pulling internal audit in new directions.”  This survey captures how CAEs are striving to balance competing goals and initiatives.

This survey also builds up on Grant Thornton’s prior CAE survey from 2011 and “confirms that internal audit is receptive to assimilating newer and broader responsibilities for evaluating emerging risks, ensuring appropriate corporate governance and incorporating technology into internal audit processes.”  Click here to read the executive summary of this report.

Posted in Announcement, Data Governance, Fraud, Privacy | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

Forensic Update editor presenting at 7th Annual Fraud Summit…

Posted by Johnny Lee on March 20, 2012

The seventh-annual “Fraud Summit” will be held later this month at the University of Texas at Dallas.  This summit is a collaboration among the Dallas Chapter of the Institute of Internal Auditors, the North Texas Chapter of ISACA, and the Dallas Chapter of the Association for Certified Fraud Examiners.

This two-day conference will include “numerous sessions with dynamic presenters on current fraud topics,” including a variety of break-out sessions designed to improve the participants’ fraud-detecting skills and to apply what they have learned.  Several sessions will focus upon “advanced fraud techniques and case studies for those looking for more than just the basics.”

ForensicUpdate editor, Johnny Lee, will present on the topic of “Data Governance and eDiscovery.”  Click here for more details.

Posted in Announcement, Computer Forensics, Data Governance, eDiscovery, Fraud, Investigations | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Data Classification — Proactive Gambit against Reactive Inertia

Posted by Johnny Lee on February 28, 2012

Data Classification

Countless times during my career, I’ve been asked why data classification makes financial sense for an organization.  This particular conversation typically arises in the context of a rebuttal to an unpopular project that has been proposed (i.e., one that doesn’t affect the bottom line — at least in a material and self-evident way).

Data classification can mean many things, of course, but from a data security perspective it typically involves the assignment of a sensitivity rating (or level) to various data used by an organization.  The purpose of this assignment is, above all, to avoid “boiling the ocean,” as we consultants like to say.

Whether an organization is responding to a specific regulatory mandate, an active litigation, or merely taking a proactive stance toward its information management lifecycle, properly classifying the data is the first step.  Such classifications (e.g., top secret, secret, confidential, restricted, and unclassified) allow organizations to identify what data an organization is handling on a regular basis, how well it is securing such data, and whether significant risks are being mitigated that relate to same.

While computer applications and appliances exist to help with data classification, ultimately this is a subjective exercise.  Properly done, it includes all strata of the business, incorporates a risk-based approach, and contemplates business, technical, and other points of view.  Only by identifying which data are important to the business, can an organization hope to quantify how expensive and inefficient its one-size-fits-all data management strategy truly is.

While data classification is most often cast in the light of risk-avoidance, there are significant benefits to classifying data that do, in fact, translate to the bottom line.  Indeed, when an organization invests the time to classify its data, there are frequently entire populations of content that are being secured at great cost — though the actual content of these files merits no such security.  These savings alone can pay for a data classification exercise.

Similarly, when organizations truly identify what data are important to their day-to-day operations, a great focus is brought to bear on how those data are created, managed, copied, distributed, and (ultimately) retired.  This heightened awareness likewise has tremendous benefit for companies — whether in heavily regulated industries or not.

Posted in Data Governance, ECM, Information Security, Records Retention | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

“Controlling your Data Avalanche” Webinar…

Posted by Johnny Lee on October 27, 2011

 

I am pleased to announce that I will join luminaries from Vedder Price, a prominent U.S. law firm, in a discussion on “Managing your Data Avalanche” on November 16, 2011.  This webinar will delve into strategies for satisfying an organization’s legal obligations associated with Records Retention, eDiscovery, Litigation Holds, and Data Privacy.

“All too often, companies approach their data management obligations reactively and in a piecemeal fashion. This need not be the case; in fact, companies can satisfy their legal obligations with greater certainty — and more economically — through comprehensive data management strategies.”

This Webinar will be of interest to General Counsel, Chief Compliance and Information Officers, and those with a key role in managing eDiscovery or litigation within an organization.  This Webinar will provide an overview of legal trends in data management, with a specific focus on social media, cloud computing, eDiscovery, litigation holds, and data breach preparedness and response.  We will discuss ways in which companies can better manage their data through proactive data-management strategies.

To register for this webinar, please click here.  (Login information and presentation materials will be sent to registrants prior to the webinar.)

Click to learn more about Grant Thornton’s Forensics, Investigations and Litigation practice.   Click to learn more about Vedder Price’s Records Management, eDiscovery and Data Privacy practice.

Posted in Announcement, Computer Forensics, Data Governance, ECM, eDiscovery, Forensic Accounting, Information Security, Investigations, Litigation Hold, Privacy, Records Retention, Social Networking | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Excellent Session with the IT GRC experts at annual ISACA Conference…

Posted by Johnny Lee on October 26, 2011

ISACA_ITGRC-LogoLast week, I had the pleasure of presenting to a lively audience at the world’s leading conference for IT governance, risk and compliance professionals. The event, hosted at the Ritz-Carlton Hotel in Orlando by the good folks at ISACA, brought together a panoply of experts in the auditing, compliance, privacy, and information security space.

I presented on the subject of Data Governance and Electronic Discovery, and how these concepts represent “flip sides of the same coin.” What was particularly rewarding for me was the level of interest and participation during our interactive case study. Thanks to all who attended and participated last week…I enjoyed myself immensely, and I hope that you found it a rewarding discussion.

Posted in Computer Forensics, Data Governance, ECM, eDiscovery, Fraud, Information Security, Investigations, Litigation Hold, Privacy, Records Retention, Social Networking | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Forensic Update editor presenting at North American ISACA conference…

Posted by Johnny Lee on May 17, 2011

The world’s leading conference for IT audit, control, security and governance professionals holds its 2011 annual conference in Las Vegas. ForensicUpdate editor, Johnny Lee, will present on the topic of “Data Governance and eDiscovery: Good Faith, Bad Actors, and Questionable Data.”  Click here for more details.

Posted in Announcement, Computer Forensics, Data Governance, ECM, eDiscovery, Information Security, Investigations, Litigation Hold, Privacy, Records Retention, Social Networking | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Move to e-Records could increase claims and costs for Healthcare…

Posted by Johnny Lee on January 10, 2011

Electronic medical records have received a great deal of scrutiny in recent months, especially in light of sweeping changes from Washington coupled with mandates at the state level to automate healthcare delivery.  While the premise (and promise) of automation tends to focus on increased efficiencies and cost savings, the irony is that the implementation of electronic medical records (“EMR”) might actually cost providers (i.e., hospitals and medical practices) a lot more in litigation costs and liability insuranceat least in the short term.

According to a new report from Hartford-based Conning Research, underwriters are concerned that there will be a non-trivial increase in medical errors when EMRs are implemented.  This, in turn, will drive up both the number of claims and the related cost of defending same.

The report, entitled Medical Professional Liability in a Changing Health Care Environment, indicates that over 90% of providers have yet to implement EMRs (at least to the extent that would satisfy the federal “meaningful use” standards).   This statistic will change drastically in the coming years, given that ObamaCare intends to add over 30 million individuals to the “new insureds” ranks by 2014.  Providers will rush to adopt this new technology not because of the on-boarding of new insureds so much as the significant federal financial incentives that accrue to those adopting EMRs.

While the report indicates that errors are likely to trend downward over time, it is quite likely that claims could increase substantially as patients find fewer barriers to accessing their own health information and the treatments they receive.  This, combined with the fact that EMRs tend to have more information than their paper-based counterparts, will create a virtual bonanza for plaintiffs’ counsel that specialize in medical malpractice claims, as it will be that much easier to identify when treatments provided depart from recommended treatment protocols.

The ease of access to these eDiscovery “haystacks” (as well as the increased number of potential needles within them) might prove to be an ominous litigation trend facing providers for many years to come.  At a bare minimum, it certainly explains why insurers are twitchy with regard to the adoption of this technology.

 

See also: Electronic Records Don’t Improve Outpatient Care, Stanford Study Indicates

Posted in ECM, eDiscovery, Information Security, Privacy, Records Retention | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

 
%d bloggers like this: