“Big data” is ubiquitous, but if the legal considerations regarding the collection and use of such data get overlooked, there will be significant consequences for everyone involved. This video surveys the general legal landscape surrounding big data. It describes the legal considerations associated with handling personal information, nonpersonal information, and deidentified data (i.e., is it anonymous? is there an ability to re-identify?). It looks at how unfair and deceptive trade practice laws apply to big data. It identifies some laws that often surprise organizations: federal statutes like the Fair Credit Reporting Act, Equal Credit Opportunity Act, Child’s Online Privacy Protection Act, and others that trigger when working with big data. And it explains the ways data practices are reviewed by the Federal Trade Commission, State Attorneys General, private litigants, and various global legal entities.
Alysa Z. Hutnik is a partner in the Advertising & Marketing and Privacy & Information Security practices at Kelley Drye & Warren LLP in Washington, DC. Alysa is editor-in-chief of the American Bar Association (ABA) Data Security Handbook, the past chair of the ABA's Privacy and Information Security Committee, and a frequent presenter on big data legal issues at O'Reilly Media's Strata + Hadoop data conferences.