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Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by JumpCrisscross on Friday June 29, 2018 @12:44AM (#17422478)
> what's the alternative?

Absolute liability for data losses. Exactis lost 360 million peoples' data. They should be able to (a) form a class and (b) extract money damages from Exactis without having to prove specific harm, which is difficult to do with data loss.

A good model is Illinois' Biometric Information Privacy Act [1]. Broaden the the definition from "biometric identifier" to a longer--but still specific--list. If you want to get fancy, create a regulator who can add things to the list after a public hearing. (The specificity avoids GDPR's "what's personal data?" mess. The public input mitigates the risk of unintended consequences and corruption.)

[1] http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by scarlac on Friday June 29, 2018 @01:23AM (#17422582)
That's basically what GDPR does. It broadens the scope of what is considered sensitive info and slaps a fine on people PRIOR to a breach. If a breach is found, then any breach of GDPR means EU can come after that company and hurt them seriously.
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by brobdingnagians on Friday June 29, 2018 @01:43AM (#17422641)
A fine and a lawsuit are very different things, especially with 340M people involved [even a $340M fine would only be $1/person]; fines don't usually go to the people injured by it, which would make sense with personal data being leaked. A fine also misses companies who are "doing what the law says" but still have some horrible flaw anyways. If you are _genuinely_ responsible for the data, meaning if something happens to it you are liable for it, then you often take more care of it above and beyond, than for simply complying with rules.
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by geocar on Friday June 29, 2018 @02:19AM (#17422754)
> fines don't usually go to the people injured by it,

Well they do. Our government takes money through fines and taxes and uses it to build infrastructure and provide services.

> which would make sense with personal data being leaked.

My preference would be that personal data not be leaked at all. Ideally the warnings and fines kick in long before that happens.

> A fine also misses companies who are "doing what the law says" but still have some horrible flaw anyways.

What example are you thinking of?

The GDPR is quite broad and open to interpretation by both sides.

> If you are _genuinely_ responsible for the data, meaning if something happens to it you are liable for it, then you often take more care of it above and beyond, than for simply complying with rules.

That's what the GDPR does.

Requiring people to lawyer up to make the company responsible is far weaker.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by fauigerzigerk on Friday June 29, 2018 @03:19AM (#17422978)
>Our government takes money through fines and taxes and uses it to build infrastructure and provide services.

Using fines to fund public services creates perverse incentives though, especially where the fines go directly to the agency that brings the case.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by geocar on Friday June 29, 2018 @03:30AM (#17423016)
Well, this certainly happens at small scales: Police who issue speeding tickets in the US to fund the police force; but it's not clear it happens at large scales.
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by jstanley on Friday June 29, 2018 @03:21AM (#17422984)
> > fines don't usually go to the people injured by it,

> Well they do. Our government takes money through fines and taxes and uses it to build infrastructure and provide services.

That's only true if you consider the public at large to be equivalent to any individual member of the public, or if you believe only the government is "injured" by a data breach.

If I stole all your money and repaid it in fines to the government instead of directly to you, would you consider the matter settled?

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by geocar on Friday June 29, 2018 @03:28AM (#17423008)
> That's only true...

Nonsense.

> If I stole all your money and repaid it in fines to the government instead of directly to you, would you consider the matter settled?

I mean, that's typically how it works.

People get robbed by people who don't have the ability to directly restore what they've taken, so the state takes them into custody and makes them a productive member of society.

Would I consider the matter settled? Gee, I've seen some really stupid arguments on the Internet that have made me wish I could punch someone over TCP/IP, but while I'm wishing I'm not going to wish for that either.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by jstanley on Friday June 29, 2018 @03:32AM (#17423025)
> Nonsense.

Can you please detail why paying a fine to the government is the same thing as paying a fine to the people injured by a crime?

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by JumpCrisscross on Friday June 29, 2018 @03:07AM (#17422928)
> My preference would be that personal data not be leaked at all

Me too! But not at any cost. This discussion involves thinking about scope (both in who and what is regulated), penalties (both in frequency and magnitude) and pre-emptive enforcement, if any. The trade-offs are far-reaching. A conservative approach is prudent. (It's also politically resilient.)

> GDPR is quite broad and open to interpretation by both sides

That's a sin and a virtue.

> Requiring people to lawyer up to make the company responsible is far weaker

This, too, is a sin and a virtue. The sin is it may allow bad deeds to go unpunished. But presently, everything is going unpunished. The virtue is in its prudence. It's unlikely to cause systemic harm, and we can observe its case law to more-precisely draft the next wave of rules.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by geocar on Friday June 29, 2018 @03:25AM (#17423000)
It's only been law for almost thirty years in some places, but pray Europe be prudent!

And what is this "any cost" rubbish?

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by kuschku on Friday June 29, 2018 @02:14AM (#17422736)
Many european countries (including Germany) have no class action lawsuits, so unless you want 340 million separate lawsuits, you’ll have to either use fines, or accept that this will go unpunished.
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by roel_v on Friday June 29, 2018 @02:48AM (#17422864)
Just because there are no class action lawsuits doesn't mean you can't take collective legal action. It's been a long time since I lived in Germany, so I can't cite any recent examples, but 20 years ago there were lawsuits in Germany of broad groups.
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by raverbashing on Friday June 29, 2018 @02:03AM (#17422698)
> any breach of GDPR means EU

Replace EU by "the data/privacy regulator of the country in question"

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by nerdponx on Friday June 29, 2018 @02:11AM (#17422724)
How is a regular person supposed to even know if their data was in this particular leak?
Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by JumpCrisscross on Friday June 29, 2018 @02:39AM (#17422839)
> How is a regular person supposed to even know if their data was in this particular leak?

Reporting requirements. If you find out you're breached, you have to notify everyone involved--plus their states' attorneys general--within N days. If you find out you're breached and fail to notify at least one attorney general, that becomes a criminal liability for those who knew but didn't act.

I was working with Albany on a law in this form (notice only) after the Equifax breach. It was tabled due to lack of Equifax-related outreach from voters.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by nerdponx on Friday June 29, 2018 @08:00AM (#17423965)
It was tabled due to lack of Equifax-related outreach from voters.

I suspect this is because the very people who would be the most vocal about this issue are also the most politically cynical, and would never think to reach out to their representatives. That's a damn shame, if true.

Re:Marketing Firm Exactis Leaked a Personal Info Database wi... by larkeith on Friday June 29, 2018 @02:28AM (#17422790)
A responsible company might be expected to put up some sort of portal that allows a user to check if they've been compromised.

Of course, "responsible" and "data aggregation company" rarely belong in the same sentence...