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Homework answers / question archive / Choose one of the options below (and specify the option you have chosen in the first line of your primary post) and for your major post, assume that instructing counsel has asked you the following question: “In your expert report, it’s important that you provide your opinion as to whether the cybersecurity policy and operations of the defendant are (or are not) commercially reasonable
Choose one of the options below (and specify the option you have chosen in the first line of your primary post) and for your major post, assume that instructing counsel has asked you the following question: “In your expert report, it’s important that you provide your opinion as to whether the cybersecurity policy and operations of the defendant are (or are not) commercially reasonable. So, could you provide us with a view of how you are going to make that determination?” For your minor posts, critique your fellow student’s viewpoints. • • Option 1: The company being sued is a company that provides processing of credit and debit cards to more than half of the funeral homes in the United States. They do not serve any other industries. They had a data breach, and the law firm that engaged you is counsel for a class action for those whose information has been stolen. This case has not been particularly newsworthy. Option 2: The organization being sued is a pediatric oncology hospital. They were hacked, and the hackers were able to change the files used to program radiation therapy devices. The modified program delivered a fatal dose of radiation to a young patient. This case has been covered in the media, including stories on every network’s national news programs and even more extensively on news networks on cable.
Cybersecurity policy
Option 2 The organization being sued is a pediatric oncology hospital. They were
hacked, and the hackers were able to change the files used to program radiation therapy
devices. The modified program delivered a fatal dose of radiation to a young patient. This
the case has been covered in the media, including stories on every network's national news
programs and even more extensively on news networks on cable.
When dealing with children's information, each healthcare organization needs to implement a safe environment that does not expose critical information Carlsson, Nygren & Svedberg, 2018). The cybersecurity policies and operations of a pediatric oncology hospital must protect the data of the patients. The IT department in the healthcare sector dealing with patients with critical conditions needs to develop a policy that will ensure that the system is well protected from any form of attack that may jeopardize the overall operations. In the presented scenario, the defendant had not implemented a security system to prevent the system from any attack that would affect the safety of the cancer patients.
The defendant does not have a commercially reasonable security policy because their operations put the patients and other stakeholders in the hospital at high risk. One of the reasons to conclude about the validity of the cybersecurity policies in this organization is that there were minimal considerations made concerning the patients' health outcomes. To determine this, one may assess the type of protection used in the oncology hospital. Healthcare organizations dealing with sensitive patient data need to have a system that prevents unauthorized users from accessing the database. As an expert, one can examine the security system used to protect the information about the patients.
Further, an expert can prove this by pointing out that the IT department and the managerial team in this organization had not invested in a protective system for preventing inexperienced specialists from accessing any information about the dosage and interfering with it. After an incident occurs in any healthcare organization, most teams are ready to work hard to overcome the negative issues associated with the situation. How any organization bounces back after an incident can determine whether the organization has fully invested in the right practice (Rice & Jahn, 2020). A specialist can therefore assess the current method used in the hospital to decide whether the organization is making the right move. If the organization has not implemented a better method to prevent further events, its operations are not commercially reasonable.
