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A comment on Get Rid of Equifax. Parent comment

Re:Get Rid of Equifax by Fjolsvith on Thursday September 21, 2017 @10:58AM (#15304075)
It wouldn't work. Suppose Equifax gets hacked and the data gets out. Would TransUnion then be liable because they also had that data? What if TransUnion subsequently got hacked? Would they be able to argue, "Sorry, your data was already in the public domain," and get out of the liability?
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Re:Get Rid of Equifax by scrumper on Thursday September 21, 2017 @01:07PM (#15305449)
Why wouldn't they both be liable? The violation is the breach, not the existence of a pice of PII data outside of their firewall.
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Re:Get Rid of Equifax by mattnewton on Thursday September 21, 2017 @12:13PM (#15304926)
The bigger problem I see is it incentivizes them never to come forward, or to massively downplay an attack. I guess if the damage is small enough and the penalties for nondisclosure astronomical enough (or that pierce the corporate veil), it could still work though.
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Re:Get Rid of Equifax by swsieber on Thursday September 21, 2017 @11:13AM (#15304231)
It could work. Just write the law to account for edge cases like that.
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