The ARIAS•U.S. Guidance for Data Security in Arbitrations

Now Available: The ARIAS•U.S. Guidance for Data Security in Arbitrations

Arbitration involves the collection and exchange of an enormous amount of information. This information may include personal, medical, or other information that is subject to state and/or federal privacy regulations. Insurance companies have an obligation to protect such information from disclosure, which extends to their use of third-party service providers. Failure to safeguard such data can result in significant repercussions for all involved.

To help mitigate that risk, ARIAS•U.S. created a task force and working group to provide guidance on how all participants in the arbitration process—arbitrators, outside counsel, and company representatives—can better manage the risks of exchanging private information in arbitration. The current draft of this guidance, called the ARIAS•U.S. Guidance for Data Security in Arbitrations, covers best practices for—

• identifying and minimizing private information in arbitration;
• incorporating information security procedures from the organizational meeting onward;
• protecting private information at rest;
• protecting private information in motion;
• disposing of private information;
• special privacy concerns in life and health or international arbitrations; and
• what to do if private information is disclosed.

Before the guide is finalized, the ARIAS•U.S. Board welcomes any comments on this document, which is published in its entirety online by clicking here.