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Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by criddell on Tuesday September 26, 2017 @10:20AM (#15338848)
In a previous discussion on HN, a pretty convincing argument was made that all the government needs to do is legislate any loss of information that includes a SSN is an automatic $100 penalty per SSN. Companies will need to buy insurance to cover this and the insurers will take care of the rest.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by acscott on Tuesday September 26, 2017 @01:37PM (#15340865)
That might move the needle forward a bit. But if the lawsuit for the fine can be tied up in court, delaying penalty long enough for the executive bonuses to hit, it would not be very effective, I think.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by blowski on Tuesday September 26, 2017 @10:23AM (#15338870)
Who pays the $100? The parent company or the subsidiary that can go bankrupt, and transfer its assets to another subsidiary for $1?
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by pyre on Tuesday September 26, 2017 @11:08AM (#15339304)
Hiding behind bankruptcy only works if the subsidiary has no assets. Patent trolls work this to their advantage by creating a company whose only asset is the patent. If they lose / the patent is invalidated the company's only asset is worthless. They therefore have no assets to pay their debts.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by criddell on Tuesday September 26, 2017 @10:50AM (#15339139)
That's not how bankruptcy works. Assets are used to pay debts including legal debts.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by seanmcdirmid on Tuesday September 26, 2017 @10:28AM (#15338933)
The insurer.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by dsfyu404ed on Tuesday September 26, 2017 @01:15PM (#15340648)
Whichever party the consumer gave the info too. If X gets fined then it's their job to sue someone else if they think that someone else is responsible.
Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by criddell on Tuesday September 26, 2017 @03:19PM (#15341700)
For the big credit agencies, how do you tell where the info came from? If you pay your rent and you make payments on a credit card both entities may file a credit report including your SSN, name, address, etc... If the credit agency loses track of their database, how do you determine which submitter should be responsible?

It makes more sense to assign all the blame on whatever entity lost control of the data. They get a big fine and as long as they were following best practices (as outlined by their insurance company), then their insurance company will pay the fine and the business keeps chugging along.

If the company was negligent, the fine is likely a death sentence.

Re:Equifax C.E.O. Richard Smith Retires After Huge Data Breach by dkersten on Tuesday September 26, 2017 @12:17PM (#15340037)
Hold the directors and/or executive team personally responsible if the company folds without paying?