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