Reconciling U.S. Banking and Securities Data Preservation Rules with European Mandatory Data Erasure Under GDPR

United States law, which requires financial institutions to retain customer data, conflicts with European Union law, which requires financial institutions to delete customer data on demand. A financial institution operating transnationally cannot comply with both U.S. and EU law. Financial institutions thus face the issue that they cannot possibly delete and retain the same data simultaneously. This Note will clarify the scope and nature of this conflict. First, it will clarify the conflict by examining (1) the relevant laws, which are Europe’s General Data Protection Regulation (GDPR), the U.S. Bank Secrecy Act, and Securities and Exchange Commission (SEC) regulations, (2) GDPR’s application to U.S. financial institutions, and (3) U.S. law’s extraterritorial application to financial institutions operating in Europe, under the U.S. Supreme Court’s Morrison-Kiobel two-step analysis. Second, it will propose a solution by examining international law and U.S. foreign relations law. United States law subjects financial institutions to multiple data retention requirements. Securities regulations require broker-dealers to retain customer account and complaint records. The Bank Secrecy Act of 1970 requires financial institutions to retain customer data for at least five years. Sometimes, banks must permanently retain certain records. GDPR empowers individuals to demand that companies erase their data. Couched in the theory of a right to erasure, GDPR lets customers withdraw their consent for a financial institution to process or retain their data. Violators may face fines of 4 percent of their worldwide revenue. GDPR applies broadly to U.S. data-processors that either (1) are established in the European Union, or (2) monitor or offer to sell goods or services to individuals in the European Union. Establishment is broadly construed by European courts and may be met by “a single representative in the European Union.” In U.S. law, a two-step analysis determines whether and to what extent federal statutes govern conduct abroad. First, courts analyze whether the presumption against extraterritoriality has been rebutted. The presumption derives from the canon that a statute, “unless a contrary intent appears, is meant to apply only within the territorial jurisdiction” of the United States. If the presumption is not rebutted, the court proceeds to the second step, when the court considers the statute’s “focus” and whether the case involves the statute’s domestic application. United States law has domestic application to data stored domestically, and sometimes possibly to data stored internationally; such data operations may also fall under GPDR’s jurisdiction. Then, if a customer asks a financial institution to delete data, the financial institution will face conflicting laws. This Note seeks to resolve the conflict, recommending that courts approach resolution from the framework of the Restatement (Third) of Foreign Relations Law

The ability of lumbar Spine DXA and phalanx QUS to detect previous fractures in young thalassemic patients with hypogonadism, hypothyroidism, diabetes, and hepatitis-B: A 2-year subgroup analysis from the taranto area of Apulia Region

Background: Osteoporosis is a leading cause of morbidity in patients affected by β-thalassemia major or intermediate; we aimed to assess the association between demineralization observed in young thalassemic patients. Methods: A total of 88 patients with β-thalassemia were recruited at Microcitemia Center of Taranto Hospital under the Prevention Osteoporosis and Fractures research project from 2008 to 2010. All the patients were screened with both dual energy X-ray absorptiometry (DXA) and quantitative ultrasound (QUS). T score and Z score values were obtained for each subject. Results: The overall prevalence of demineralization was 84% with DXA and 70% with QUS, whereas normality was found in 16% of patients screened with DXA and in 30% of cases with QUS. Hypogonadism, hypothyroidism, diabetes mellitus, hepatitis-B, and the presence of previous fragility fractures were significantly associated with the demineralization status (lower T scores values) both with DXA and QUS. CONCLUSION: Our data confirm that DXA and QUS examinations are both useful for detecting bone demineralization in thalassemic patients. © 2013 Lippincott Williams & Wilkins

Diabetes and obesity as independent risk factors for osteoporosis: Updated results from the ROIS/EMEROS registry in a population of five thousand post-menopausalwomen living in a region characterized by heavy environmental pressure

Objectives: We aimed to analyze bone mineralization and the effect of different risk factors for osteoporosis in postmenopausal women. Methods: We found 4909 postmenopausal subjects within ≥10,000 records from the ROIS/EMEROS (Ionian and Salento Osteoporosis Registry/Euro Mediterranean Registry of Osteoporosis) registry, a population study carried out in an area characterized by heavy environmental pressure between Brindisi and Taranto from 2009 to 2016. All subjects were assessed via phalangeal quantitative ultrasound (QUS) to evaluate their bone mineralization (assessed via amplitude dependent speed of sound (AD-SoS)) and the association between demineralization and the presence of other conditions or risk factors. Results: Mean age was 64 ± 9.5 years and mean body mass index (BMI) was 28.7 ± 3.5 kg/m2. Pearson correlation analyses revealed a negative association between bone mineralization (AD-SoS) and BMI (p < 0.001). By using multivariate logistic regression analysis, we observed significant values of odds ratios (ORs) of osteoporosis (adjusted for age, physical activity, and the use of drugs known to increase the risk of fractures) in subjects with diabetes and obesity: 1.39 (confidence interval (CI): 1.05-1.83) and 1.46 (CI: 1.20-1.78), respectively. A statistically significant linear trend of higher ORs of osteoporosis was found for increasing values of BMI. Conclusions: Our study confirmed the high impact of obesity and type 1 and type 2 diabetes on osteoporosis

Prevalence of H63D, S65C and C282Y hereditary hemochromatosis gene mutations in Slovenian population by an improved high-throughput genotyping assay

<p>Abstract</p> <p>Background</p> <p>Hereditary hemochromatosis (HH) is a common genetic disease characterized by excessive iron overload that leads to multi-organ failure. Although the most prevalent genotype in HH is homozygosity for C282Y mutation of the <it>HFE </it>gene, two additional mutations, H63D and S65C, appear to be associated with a milder form of HH. The aim of this study was to develop a high-throughput assay for <it>HFE </it>mutations screening based on TaqMan technology and to determine the frequencies of <it>HFE </it>mutations in the Slovenian population.</p> <p>Methods</p> <p>Altogether, 1282 randomly selected blood donors from different Slovenian regions and 21 HH patients were analyzed for the presence of <it>HFE </it>mutations by an in-house developed real-time PCR assay based on TaqMan technology using shorter non-interfering fluorescent single nucleotide polymorphism (SNP)-specific MGB probes. The assay was validated by RFLP analysis and DNA sequencing.</p> <p>Results</p> <p>The genotyping assay of the H63D, S65C and C282Y mutations in the <it>HFE </it>gene, based on TaqMan technology proved to be fast, reliable, with a high-throughput capability and 100% concordant with genotypes obtained by RFLP and DNA sequencing. The observed frequency of C282Y homozygotes in the group of HH patients was only 48%, others were of the heterogeneous <it>HFE </it>genotype. Among 1282 blood donors tested, the observed H63D, S65C and C282Y allele frequency were 12.8% (95% confidence interval (CI) 11.5 – 14.2%), 1.8% (95% CI 1.4 – 2.5%) and 3.6% (95% CI 3.0 – 4.5%), respectively. Approximately 33% of the tested subjects had at least one of the three HH mutations, and 1% of them were C282Y homozygotes or compound heterozygotes C282Y/H63D or C282Y/S65C, presenting an increased risk for iron overload disease. A significant variation in H63D allele frequency was observed for one of the Slovenian regions.</p> <p>Conclusion</p> <p>The improved real-time PCR assay for H63D, S65C and C282Y mutations detection is accurate, fast, cost-efficient and ready for routine screening and diagnostic procedures. The genotype frequencies in the Slovenian population agree with those reported for the Central European populations although some deviations where observed in comparison with other populations of Slavic origin. Regional distribution of the mutations should be considered when planning population screening.</p

Effects of C282Y, H63D, and S65C HFE gene mutations, diet, and life-style factors on iron status in a general Mediterranean population from Tarragona, Spain

Mutations in the HFE gene result in iron overload and can produce hereditary hemochromatosis (HH), a disorder of iron metabolism characterized by increased intestinal iron absorption. Dietary quality, alcoholism and other life-style factors can increase the risk of iron overload, especially among genetically at risk populations. Polymorphisms of the HFE gene (C282Y, H63D and S65C) were measured together with serum ferritin (SF), transferrin saturation (TS) and hemoglobin, to measure iron status, in randomly-selected healthy subjects living in the Spanish Mediterranean coast (n = 815; 425 females, 390 males), 18 to 75 years of age. The intake of dietary components that affect iron absorption was calculated from 3-day dietary records. The presence of C282Y/H63D compound heterozygote that had a prevalence of 2.8% in males and 1.2% in females was associated with an elevated TS and SF. No subject was homozygous for C282Y or S65C. The C282Y heterozygote, H63D heterozygote and homozygote and H63D/S65C compound heterozygote genotypes were associated with increased TS relative to the wild type in the general population. These genotypes together with the alcohol and iron intake increase the indicators of iron status, while calcium intake decreases them. We did not observe any affect of the S65C heterozygote genotype on these levels. All the HFE genotypes except for the S65C heterozygote together with the alcohol, iron and calcium intake affect the indicators of iron status. The C282Y/H63D compound heterozygote genotype has the higher phenotypic expression in our Spanish Mediterranean population

A blended knowledge translation initiative to improve colorectal cancer staging [ISRCTN56824239]

BACKGROUND: A significant gap has been documented between best practice and the actual practice of surgery. Our group identified that colorectal cancer staging in Ontario was suboptimal and subsequently developed a knowledge translation strategy using the principles of social marketing and the influence of expert and local opinion leaders for colorectal cancer. METHODS/DESIGN: Opinion leaders were identified using the Hiss methodology. Hospitals in Ontario were cluster-randomized to one of two intervention arms. Both groups were exposed to a formal continuing medical education session given by the expert opinion leader for colorectal cancer. In the treatment group the local Opinion Leader for colorectal cancer was detailed by the expert opinion leader for colorectal cancer and received a toolkit. Forty-two centres agreed to have the expert opinion leader for colorectal cancer come and give a formal continuing medical education session that lasted between 50 minutes and 4 hours. No centres refused the intervention. These sessions were generally well attended by most surgeons, pathologists and other health care professionals at each centre. In addition all but one of the local opinion leaders for colorectal cancer met with the expert opinion leader for colorectal cancer for the academic detailing session that lasted between 15 and 30 minutes. DISCUSSION: We have enacted a unique study that has attempted to induce practice change among surgeons and pathologists using an adapted social marketing model that utilized the influence of both expert and local opinion leaders for colorectal cancer in a large geographic area with diverse practice settings

Hospitalizations in Pediatric and Adult Patients for All Cancer Type in Italy: The EPIKIT Study under the EU COHEIRS Project on Environment and Health

The EPIKIT (Epidemiology of Cancer in Italy) Study Group is a result of the COHEIRS project (Civic Observers for Health and Environment: Initiative of Responsibility and Sustainibility), funded by the Europe for Citizens Program 2013–2014 to address the issue of Precautionary Principle applicatio

Reconciling U.S. Banking and Securities Data Preservation Rules with European Mandatory Data Erasure Under GDPR

United States law, which requires financial institutions to retain customer data, conflicts with European Union law, which requires financial institutions to delete customer data on demand. A financial institution operating transnationally cannot comply with both U.S. and EU law. Financial institutions thus face the issue that they cannot possibly delete and retain the same data simultaneously. This Note will clarify the scope and nature of this conflict. First, it will clarify the conflict by examining (1) the relevant laws, which are Europe’s General Data Protection Regulation (GDPR), the U.S. Bank Secrecy Act, and Securities and Exchange Commission (SEC) regulations, (2) GDPR’s application to U.S. financial institutions, and (3) U.S. law’s extraterritorial application to financial institutions operating in Europe, under the U.S. Supreme Court’s Morrison-Kiobel two-step analysis. Second, it will propose a solution by examining international law and U.S. foreign relations law. United States law subjects financial institutions to multiple data retention requirements. Securities regulations require broker-dealers to retain customer account and complaint records. The Bank Secrecy Act of 1970 requires financial institutions to retain customer data for at least five years. Sometimes, banks must permanently retain certain records. GDPR empowers individuals to demand that companies erase their data. Couched in the theory of a right to erasure, GDPR lets customers withdraw their consent for a financial institution to process or retain their data. Violators may face fines of 4 percent of their worldwide revenue. GDPR applies broadly to U.S. data-processors that either (1) are established in the European Union, or (2) monitor or offer to sell goods or services to individuals in the European Union. Establishment is broadly construed by European courts and may be met by “a single representative in the European Union.” In U.S. law, a two-step analysis determines whether and to what extent federal statutes govern conduct abroad. First, courts analyze whether the presumption against extraterritoriality has been rebutted. The presumption derives from the canon that a statute, “unless a contrary intent appears, is meant to apply only within the territorial jurisdiction” of the United States. If the presumption is not rebutted, the court proceeds to the second step, when the court considers the statute’s “focus” and whether the case involves the statute’s domestic application. United States law has domestic application to data stored domestically, and sometimes possibly to data stored internationally; such data operations may also fall under GPDR’s jurisdiction. Then, if a customer asks a financial institution to delete data, the financial institution will face conflicting laws. This Note seeks to resolve the conflict, recommending that courts approach resolution from the framework of the Restatement (Third) of Foreign Relations Law

Hill-climbing heuristics for optimal hardware dimensioning and software allocation in fault-tolerant distributed systems

An optimum distributed architecture with fault-tolerance capabilities for a given software application may be obtained by allowing allocation algorithms to evolve without any existing-hardware constraint. Distributed software partitioning and allocation is done using the simulated annealing optimization algorithm. To define the cost function used by the optimization algorithm, a model for interacting processes constituting the software application is presented. Tuning of algorithm parameters has been considered to assure convergence at a reasonable cost in terms of computation time