High tech, high risk? Property/casualty insurers look at emerging technologies not for their typical uses, but for hidden abuses--and potential exposures.To keep up with an ever-changing world, the property/casualty insurance industry must be alert to risks from new and unlikely sources. No development affecting coverage is too big--or too small--to escape our notice. Who pays when a federal law extends daylight-saving-time, and suddenly computers that run everything from elevators to heating boilers must be reprogrammed? And whose coverage is exposed if terrorists use electromagnetic pulse electromagnetic pulse n. Abbr. EMP The pulse of intense electromagnetic radiation generated by certain physical events, especially by a nuclear explosion high above the earth. devices to disable thousands of circuit boards, affecting everything from traffic signals to airport control towers? Privacy issues are at the center of one category of emerging insurance issues. Technology has transformed our lives in many beneficial ways, but society--and lawyers specializing in class-action suits--have focused on potential privacy violations. Event data recorders in newer autos can collect accident-related information with remarkable precision, including a change in vehicle velocity and when brakes were applied. In combination with global positioning devices and transmitters, these EDRs also can record where and when the car was driven. But even as manufacturers are moving to standardize EDR-collected data, carriers' ability to retrieve EDR (Enhanced Data Rate) An acronym occasionally used to reflect an advancement in transmission or transfer speed. For example, Bluetooth 2.0 + EDR provides a dramatic increase in speed over the previous version. See Bluetooth. information from policyholders is in question. Some states have passed laws limiting insurers' ability to acquire EDR data from vehicle owners at the time of an accident. Further privacy concerns will emerge with the introduction of intelligent transportation systems technology in autos and on roadways. Such "intelligent vehicles" of the future will be equipped with ITS cameras, more advanced computers, and geopositioning systems and transmitters. Cross-vehicle communication will help prevent accidents, save lives and even ease traffic congestion The condition of a network when there is not enough bandwidth to support the current traffic load. congestion - When the offered load of a data communication path exceeds the capacity. . This intelligent-vehicle technology allows cars to communicate with each other to avoid collisions. An onboard display screen will warn of approaching intersections and stop signs, and if a vehicle is drifting out of its lane. The systems can even provide braking and steering assistance. The events recorded through this technology, which may not be fully in place until the 2010s, can also be saved in EDRs. Invasion of privacy invasion of privacy n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. is a concern also arising with the use of radio frequency identification See RFID. , or RFID tags. RFID (Radio Frequency IDentification) A data collection technology that uses electronic tags for storing data. The tag, also known as an "electronic label," "transponder" or "code plate," is made up of an RFID chip attached to an antenna. technology identifies a car as it goes through EZ-Pass or other automated toll-collection devices. RFIDs are used to track prison inmates and monitor identity badges and credit cards. RFID tags affixed af·fix tr.v. af·fixed, af·fix·ing, af·fix·es 1. To secure to something; attach: affix a label to a package. 2. to products remain functional even after those products have been purchased and taken home. A shopper might not necessarily be aware of the tag or be able to remove it; thus, it's possible RFIDs can be used for surveillance and other nefarious purposes. Proponents of RFID technology are advocating everything from RFID use in passports to driver's licenses. One manufacturer has proposed its RFID-enabled identity microchip's "unique under-the-skin format" as a means of identifying fraud, securing buildings, safeguarding medical records and thwarting kidnappers. But because some RFIDs broadcast a weak radio signal, does this constitute a publication that violates a person's right to privacy? Identity theft is a major concern for individuals and could threaten businesses, too. Unintended posting of personally identifiable information In information security and privacy, personally identifiable information or personally identifying information (PII) is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. on the Internet could violate an individual's right to privacy. Courts may not consider electronic data tangible property tangible property n. physical articles (things) as distinguished from "incorporeal" assets such as rights, patents, copyrights, and franchises. Commonly tangible property is called "personalty. , but if data is stolen to acquire tangible property illegally--as when a hacker obtains a credit card number to buy an airline ticket--a business might be found liable for the cost of the stolen plane ticket because of its negligence in preventing the data theft. Health and nutrition present another array of new issues. Can businesses be found responsible for contributing to obesity? And who pays when genetically modified genetically modified Adjective (of an organism) having DNA which has been altered for the purpose of improvement or correction of defects genetically modified genetic adj [food etc] → crop pollen finds its way into organic crops? Effects from cell phone use, avian flu and even bedbugs are but a few of the new potential health issues the industry faces. Only by remaining vigilant and proactive in addressing ever-changing exposures can we be prepared to address emerging industry challenges and find new solutions. Frank J. Coyne, a Best's Review columnist, is chairman, president and chief executive officer of ISO (1) See ISO speed. (2) (International Organization for Standardization, Geneva, Switzerland, www.iso.ch) An organization that sets international standards, founded in 1946. The U.S. member body is ANSI. . He can be reached at insight@bestreview.com. |
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