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Re:Intention to fine Marriott more than £99M under GDPR for ... by Benjamin_Dobell on Tuesday July 09, 2019 @11:10AM (#20392515)
Admittedly, I don't know the specifics e.g. if there was obvious negligence. However, this seems like a major fine for a security vulnerability. The statement given in the article is:

> Personal data has a real value so organisations have a legal duty to ensure its security, just like they would do with any other asset. If that doesn’t happen, we will not hesitate to take strong action when necessary to protect the rights of the public

Certainly, calling out poor security practices is a good thing, however this level of scrutiny is going to require a major shift in mentality for a large portion of the industry. "Move fast and break things" just isn't going to cut it anymore.

Re:Intention to fine Marriott more than £99M under GDPR for ... by ckastner on Tuesday July 09, 2019 @11:12AM (#20392551)
> Certainly, calling out poor security practices is a good thing, however this level of scrutiny is going to require a major shift in mentality for a large portion of the industry. "Move fast and break things" just isn't going to cut it anymore.

When 339 million guest records are involved, anything less shouldn't cut it anymore.

Re:Intention to fine Marriott more than £99M under GDPR for ... by TallGuyShort on Tuesday July 09, 2019 @02:42PM (#20395221)
"Move fast and break things" was never going to cut it. Anyone who has the word "engineer" in their job title, certified or not, should expect better of themselves.
Re:Intention to fine Marriott more than £99M under GDPR for ... by ljm on Tuesday July 09, 2019 @05:54PM (#20397053)
That maxim only works out when you’ve got such a solid CI/CD setup that you can roll out to a tiny percentage of users and automatically roll back and notify if they error out.

Move fast and break things all you want if you have such an amazing safety net. But at that point you’re not breaking anything, you’re just letting the real world fill in the gaps in your test suite with an insignificant impact.

Still, not good enough if you’re dealing with money, medical stuff, vehicles, etc. You’re getting into life or death territory there.

Re:Intention to fine Marriott more than £99M under GDPR for ... by polskibus on Tuesday July 09, 2019 @11:18AM (#20392615)
30p per record doesn't seem much.
Re:Intention to fine Marriott more than £99M under GDPR for ... by ckastner on Tuesday July 09, 2019 @11:27AM (#20392722)
As I mentioned in another comment: It sets an important precedent for future acquisitions.
Re:Intention to fine Marriott more than £99M under GDPR for ... by polskibus on Tuesday July 09, 2019 @01:33PM (#20394407)
Yup, that's the whole point of GDPR - see data as a liability (not just as an asset).
Re:Intention to fine Marriott more than £99M under GDPR for ... by jocro on Tuesday July 09, 2019 @11:26AM (#20392711)
Only a tenth of those are in the EU, mind.
Re:Intention to fine Marriott more than £99M under GDPR for ... by addicted on Tuesday July 09, 2019 @11:48AM (#20392964)
$3 per EU record doesn't sound all that much either.
Re:Intention to fine Marriott more than £99M under GDPR for ... by dragonwriter on Tuesday July 09, 2019 @12:04PM (#20393193)
It's about £3.3 per EEA record, which is closer to $4 than $3, not that likely changes whether it seems like all that much.
Re:Intention to fine Marriott more than £99M under GDPR for ... by vkou on Tuesday July 09, 2019 @02:03PM (#20394794)
The monetary value of the median hotel guest record to the sort of nefarious powers that be that scoop up hotel guest databases is ~$0. It may even be a negative amount.

The monetary value of a particular person of interest's guest record may be more than that, but those people are few and far between.

If you disagree, please let me know who I can get in touch with, who will pay me $4/guest record. I'll quit my day job, and set up camp outside a hotel lobby, recording guests and license plates.

Re:Intention to fine Marriott more than £99M under GDPR for ... by kragen on Tuesday July 09, 2019 @02:25PM (#20395050)
The benefit to the nefarious buyer is not the same as the damage to the hotel guest. In fact, there's no reason to even expect them to be similar in value. And the relevant measure of central tendency is the mean, not the median, since we're looking at the sum of all the damages from all the records being copied. Keeping one gay Egyptian dude from getting outed and killed justifies protecting hundreds or thousands of boring middle-class vacationers from Ohio.
Re:Intention to fine Marriott more than £99M under GDPR for ... by vkou on Tuesday July 09, 2019 @02:47PM (#20395267)
The personal, quantifiable damage to me of every one of my guest records in my past five years getting stolen by some shadowy cabal is zero. That's because I haven't done anything particularly interesting. Neither have most people. If you're ready to wire me a few hundred dollars, I'll be happy to share records of my, and my wife's stays with you. It'll be a waste of your money, but who am I to judge?

A few people have done some very interesting things. For them, those numbers are substantially higher than zero.

You haven't disproven my point. The quantifiable, median damage is zero. This is relevant, because this sub-thread tries to quantify the harm by taking the fine, divides it by the number of records, produces $3, and posits that the leak has done more than that amount of harm. Because, obviously, if any harm comes, the harm is over three dollars.

Well, yes. It is. If you can measure the harm, of course it's more than three dollars.

For most people, though, the harm is immeasurable. Pointing out that the median harm is zero exposes the absurdity of the original argument.

Re:Intention to fine Marriott more than £99M under GDPR for ... by kragen on Tuesday July 09, 2019 @02:59PM (#20395382)
So you're saying that, because the median damage is zero, the mean could be arbitrarily small, and in particular might be less than US$3? That's probably true, but your original argument about the purchase price of the data doesn't help to support that.

There's also a problem we haven't brought up in this thread, which is that the main damage from privacy invasion is not to people individually, but to human society as a whole. Increasing the price of doing anything particularly interesting can condemn an entire society to domination by mediocrity.

Re:Intention to fine Marriott more than £99M under GDPR for ... by vkou on Tuesday July 09, 2019 @03:15PM (#20395531)
> So you're saying that, because the median damage is zero, the mean could be arbitrarily small, and in particular might be less than US$3?

I'm saying we have no idea, and we're not going to get there, by doing arithmetic. But, if you ask me, I do believe (based on nothing more then a worthless napkin calculation) that it's more likely to be between $0.3 and $3, than it is to be between $3 and $30. Remember, the recipient of this data is incredibly unlikely to cause maximum possible worst-case damage to even the interesting people on the list. Most likely, they just want to steal credit card numbers.

> There's also a problem we haven't brought up in this thread, which is that the main damage from privacy invasion is not to people individually, but to human society as a whole. Increasing the price of doing anything particularly interesting can condemn an entire society to domination by mediocrity.

The nice thing about the GDPR is that even if it doesn't address the damage of a particular leak, it's a swift kick in the ass of the IT departments other companies, who are really keen to not end up on the receiving end of the next fine.

Re:Intention to fine Marriott more than £99M under GDPR for ... by kragen on Wednesday July 10, 2019 @08:10AM (#20401158)
These are reasonable points, although my intuition is that your guess about the total damages is low.
Re:Intention to fine Marriott more than £99M under GDPR for ... by arcticbull on Tuesday July 09, 2019 @04:36PM (#20396304)
It might have something to do with a 5.25 million unencrypted passport numbers and 8.6 million payment cards, Of which no doubt mine was one
Re:Intention to fine Marriott more than £99M under GDPR for ... by mc32 on Tuesday July 09, 2019 @11:16AM (#20392593)
>”Move fast and break things" just isn't going to cut it anymore.”

That motivational quote should never have made it out into corporate communication. It was embraced by everyone[1] because it seemed edgy and hey that company is successful in spite of itself.

That should never have been embraced by anyone especially outside specific contexts.

[1]Just about everyone embraced it because it was a kind of punk attitude in the face of stodgy enterprise development schedules. Everyone wanted to seem cool, so they went whole hog.

Re:Intention to fine Marriott more than £99M under GDPR for ... by filoleg on Tuesday July 09, 2019 @12:49PM (#20393811)
I agree with you on that for heavy majority of companies (esp. medical or self-driving car ones) "move fast and break things" is not a good idea at all. However, I cannot agree with the absolutist nature of your statement.

>that company is successful in spite of itself

That's a pretty strong opinion. Some would argue that FB is successful because of stuff like that.

A bit of a sidenote, but after all, I remember how badly Zuck was clowned everywhere (including by FB shareholders and people here on HN) immediately after the purchase of Instagram and WhatsApp. People were saying that FB is dying and Zuck is trying to buy companies that are hyped but irrelevant to the core business out of desperation. These days, it is a pretty universal sentiment that those acquisitions were some of the smartest purchase decisions he could have made at the time.

Re:Intention to fine Marriott more than £99M under GDPR for ... by denzil_correa on Tuesday July 09, 2019 @05:58PM (#20397086)
> A bit of a sidenote, but after all, I remember how badly Zuck was clowned everywhere (including by FB shareholders and people here on HN) immediately after the purchase of Instagram and WhatsApp. People were saying that FB is dying and Zuck is trying to buy companies that are hyped but irrelevant to the core business out of desperation.

Most of HN didn't have some insider information which Facebook did. This information was acquired by surreptitious data logging of a VPN "security" app [0]. This is the same app which was controversially packaged as a "research" app and then forced to take down from the App store [1].

[0] https://www.wsj.com/articles/facebooks-onavo-gives-social-me...

[1] https://www.theverge.com/2018/8/22/17771298/facebook-onavo-p...

Re:Intention to fine Marriott more than £99M under GDPR for ... by kissickas on Tuesday July 09, 2019 @02:09PM (#20394861)
How has the WhatsApp acquisition helped the company? I assume they harvest metadata for their social graphs but my Facebook feed is still as irrelevant to me now as it was five years ago.
Re:Intention to fine Marriott more than £99M under GDPR for ... by rusk on Tuesday July 09, 2019 @11:27AM (#20392718)
I've seen this with medical devices. The amount of callouts these days for service technicians for newer equipment is ridiculous, to the point that you can't even get service technicians to come out any more! and yes, this does mean certain services knocked out for days at a time.
Re:Intention to fine Marriott more than £99M under GDPR for ... by levythe on Tuesday July 09, 2019 @11:45AM (#20392919)
That's a real surprise. I was under the impression that medical equipment was incredibly difficult to get approved for use.
Re:Intention to fine Marriott more than £99M under GDPR for ... by rusk on Tuesday July 09, 2019 @12:00PM (#20393132)
Re:Intention to fine Marriott more than £99M under GDPR for ... by thefounder on Tuesday July 09, 2019 @12:51PM (#20393829)
In Europe is easier to get approved but this is changing...
Re:Intention to fine Marriott more than £99M under GDPR for ... by bilbo0s on Tuesday July 09, 2019 @01:32PM (#20394397)
Well, in the US, there's the FDA. And that is a bit more stringent than EU.

But even in the US, medical equipment breaks down. Just not at near as high a rate.

Re:Intention to fine Marriott more than £99M under GDPR for ... by rusk on Tuesday July 09, 2019 @03:24PM (#20395610)
FDA has faaar less stringent regulations for medical equipment than for drugs.
Re:Intention to fine Marriott more than £99M under GDPR for ... by bilbo0s on Tuesday July 09, 2019 @03:50PM (#20395852)
Less stringent is not the same as not stringent.

I made medical imaging software for diagnosis and analysis. We would get a regulatory proctology exam every release. These guys would find arithmetic errors in papers referenced to support algorithms used in the software, and ask us about them. (Incidentally, that's where I learned never to trust "peer reviewed" papers or dissertations in computer science. Always check it, in detail, yourself. CS guys have to be some of the worst mathematicians I've seen during my time in scientific research.)

But yeah, the FDA were that anal in our case. If they were not that anal for you, I'm not sure why that is? Maybe the radiation? We were putting out software that potentially dealt with, essentially, irradiating humans. Software that controlled radioactive devices. Etc. No one wants the equivalent of a dirty bomb going off in some small town somewhere. So I don't blame the FDA for the whole "every i dotted, every t crossed" treatment. It was actually reassuring. At least in our case.

Re:Intention to fine Marriott more than £99M under GDPR for ... by rhizome on Tuesday July 09, 2019 @03:12PM (#20395505)
>Just about everyone embraced it because it was a kind of punk attitude in the face of stodgy enterprise development schedules. Everyone wanted to seem cool, so they went whole hog.

I think it's 10,000% more likely to be due to so much post-2008 ZIRP money floating around, so why give a shit about quality or consequences? As long as advertising and copyright industries are able to establish themselves as the fundamental arbiters of all content, anything else that happens to us or the companies are broken eggs for the proverbial omelet.

The people embracing MFaBT exhibit nothing resembling "punk attitude."

Re:Intention to fine Marriott more than £99M under GDPR for ... by granshaw on Tuesday July 09, 2019 @12:09PM (#20393272)
It’s a different era, when not literally everything was being done online yet. We’re now (possibly) shifting into an era where the most profitable modus operandi will need to be different, doesn’t mean it was a bad choice at the time
Re:Intention to fine Marriott more than £99M under GDPR for ... by Too on Tuesday July 09, 2019 @12:17PM (#20393368)
The idea is to make hoarding data "just because you can" a liability. If you think it has value you should also protect it likewise. If you think data has less value than "move fast and break things" then simply delete the data ASAP after you don't need it anymore.
Re:Intention to fine Marriott more than £99M under GDPR for ... by q3k on Tuesday July 09, 2019 @11:22AM (#20392656)
> "Move fast and break things" just isn't going to cut it anymore.

Good.

Re:Intention to fine Marriott more than £99M under GDPR for ... by drstewart on Tuesday July 09, 2019 @06:18PM (#20397252)
I'd go further and say anyone running serious enterprises that have important security implications should not be taking it lightly. Nobody should "run an ISP for fun". Cowboys like that, or people who describe themselves as "hackers" have no place in the industry.
Re:Intention to fine Marriott more than £99M under GDPR for ... by Zenst on Tuesday July 09, 2019 @12:48PM (#20393795)
> "Move fast and break things" just isn't going to cut it anymore.

Yes, the cutting edge can cut both ways. But alas is kinda needed in IT security. So easy for a security update to come out, yet the process in some companies rightly dictates that it is tested so that the update does not break anything else. So you get a delay. So even then, that small window could see that security issue exploited and the powers that be will see you didn't apply the update instantly and you're lambasted - even for following best practices and going by the book of testing. After all, any update could have an impact upon the applications and infrastructure in ways above and beyond the issue the update is addressing. We have all encountered such issues as well.

So the phrase "move fast and break things" has a younger brother now "move slow and be broken".

Be nice if the powers that be (Governments) proactively audited companies IT security proactively instead of being event driven - after the horse has always bolted. I would love to see companies fined for security issues before such security issues are exploited and abused. After all, the customer always pays. Until that happens, the same mentalities in how security is treated as a priority will carry on playing out. But the other old IT saying of "if it works, don't touch it" whilst true, equally is the source of so many security issues that it just can not carry on being leaned upon.

Re:Intention to fine Marriott more than £99M under GDPR for ... by crumpets on Tuesday July 09, 2019 @12:02PM (#20393165)
>ensure its security, just like they would do with any other asset.

This motivation is asinine. Record leaks don't do anything to harm the original records and it's not like Marriott's secret sauce is a list of customer records. Companies don't protect assets from things that don't cause the assets harm.

Personal data does not have value to the company in that regard. It's a liability more than an asset.

Re:Intention to fine Marriott more than £99M under GDPR for ... by formercoder on Tuesday July 09, 2019 @12:07PM (#20393249)
The definition of an asset is something that provides probable future economic value to the firm. Personal data seems to fall under this category to me.
Re:Intention to fine Marriott more than £99M under GDPR for ... by marcus_holmes on Tuesday July 09, 2019 @12:37PM (#20393629)
Hopefully this fine will help wake the industry up to the fact that this asset comes with considerable regulatory costs, and that those costs may well be more than the value of the asset.

Hopefully that will stop them hoarding personal data.

GDRP is working as intended :)

Re:Intention to fine Marriott more than £99M under GDPR for ... by amputect on Tuesday July 09, 2019 @01:42PM (#20394528)
If personal data doesn't have value to the company and it's not an asset, then the company shouldn't be collecting and storing it. Making storing personal data a liability is good if the goal is to prevent companies from storing personal data unless there's a strong business need (and corresponding level of care) involved.
Re:Intention to fine Marriott more than £99M under GDPR for ... by JustSomeNobody on Tuesday July 09, 2019 @01:37PM (#20394467)
They should be subject to independent security audits for the next X number of years in addition to the fine. It would only take a few companies having to go through this before budgets stop getting cut in IT.
Re:Intention to fine Marriott more than £99M under GDPR for ... by avs733 on Tuesday July 09, 2019 @02:37PM (#20395172)
As came up the other day on HN,

Move fast and break things used to be the way that bridges were designed (i.e., build it, test it, see if it breaks, improve it if it does). I don't think anyone would tolerate that as a way to conduct other fields of engineering anymore.

Re:Intention to fine Marriott more than £99M under GDPR for ... by dgzl on Tuesday July 09, 2019 @02:43PM (#20395229)
I disagree. At the cutting edge of development, experiments and failure is impossible the avoid without incredible and expensive measures, which, you know, isn't exactly feasible in every case.
Re:Intention to fine Marriott more than £99M under GDPR for ... by JimDabell on Tuesday July 09, 2019 @03:43PM (#20395777)
> Certainly, calling out poor security practices is a good thing, however this level of scrutiny is going to require a major shift in mentality for a large portion of the industry.

That's the point. "A major shift in mentality for a large portion of the industry" is basically GDPR's success criteria.

Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Tuesday July 09, 2019 @11:57AM (#20393097)
GDPR doesn't apply to companies still in the "Move fast, break things" phase.
Re:Intention to fine Marriott more than £99M under GDPR for ... by Benjamin_Dobell on Tuesday July 09, 2019 @12:07PM (#20393251)
It does if said companies plan on being acquired, which is precisely what happened here:

> It is believed the vulnerability began when the systems of the Starwood hotels group were compromised in 2014. Marriott subsequently acquired Starwood in 2016

Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Tuesday July 09, 2019 @12:30PM (#20393533)
Starwood is by far big enough to have the GDPR apply to it independently.

Starwood was well beyond the "move fast and break things" phase of companies. Many companies aren't, and if you're trying to say all startups have to comply with GDPR on day 1, you are wrong.

Re:Intention to fine Marriott more than £99M under GDPR for ... by supermatt on Tuesday July 09, 2019 @02:02PM (#20394782)
Yes they do, from day 1. Maybe you are confused between this and the recent copyright stuff
Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Tuesday July 09, 2019 @02:24PM (#20395049)
https://www.internetlegalattorney.com/are-there-gdpr-exempti...

> U.S. based businesses may actually be exempt based upon some interpretation of Article 3.2(a):

Re:Intention to fine Marriott more than £99M under GDPR for ... by supermatt on Thursday July 11, 2019 @01:53AM (#20409439)
OK - so basically, if you don't knowingly provide (or envisage providing) goods or services to EU customers.

This is a very different situation from your original statements based on size and maturity of a company - but I'll concede that the EU reach clearly only applies to EU interests .

Re:Intention to fine Marriott more than £99M under GDPR for ... by gcthomas on Tuesday July 09, 2019 @01:27PM (#20394345)
GDPR doesn't have a lower limit on company size or age - it applies to any organisation that handles personal data.
Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Tuesday July 09, 2019 @02:25PM (#20395056)
> But, there is an important limitation. Article 30 requires people/businesses processing personal data to keep records of their processing activities and categories and to make those records available upon request. If your business employs fewer than 250 people, you do not have to create these records unless there could be a risk to the ‘rights and freedoms of data subjects (including trade secrets or intellectual property rights), the processing is not occasional, or your business processes any ‘special categories’ of data as referred to in Article 9(1) (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, and genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, or personal data relating to criminal convictions and offences referred to in Article 10.)

https://www.internetlegalattorney.com/are-there-gdpr-exempti...

It's not a blanket immunity, but it's not universal as you say.

Re:Intention to fine Marriott more than £99M under GDPR for ... by hedders on Tuesday July 09, 2019 @04:43PM (#20396372)
The way art 30(5) is drafted though means that the exception applies to basically nobody. What business can, honestly, say that it only occasionally processes personal data? Does it have no employees? Does it only occasionally communicate with people? That hardly seems likely.

Yes, it's probably a drafting defect, but I think one would be very brave indeed to try to rely on it, especially given that establishing an art 30 record is, practically speaking, a prerequisite for being in a position to comply with the rest of GDPR.

Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Tuesday July 09, 2019 @04:52PM (#20396466)
Then I guess we're back to letting big companies, who have the resources to do this shit, have Europe, and the small companies, who are too busy building new things, will just grow in other areas before expanding to the EU.
Re:Intention to fine Marriott more than £99M under GDPR for ... by hedders on Tuesday July 09, 2019 @05:11PM (#20396635)
Hardly. I mean, it's not like it's difficult for a small business to maintain an art 30 record. Unless it's doing a Cambridge Analytica, of course.
Re:Intention to fine Marriott more than £99M under GDPR for ... by diminoten on Thursday July 11, 2019 @11:52AM (#20412485)
You need a lawyer to ensure you're complying with EU law...
Re:Intention to fine Marriott more than £99M under GDPR for ... by gcthomas on Wednesday July 10, 2019 @09:20AM (#20401663)
The exemption is only for the record keeping requirement to help keep costs down. Every organisation still needs to meet the data protection regulations.
Re:Intention to fine Marriott more than £99M under GDPR for ... by Silhouette on Tuesday July 09, 2019 @06:00PM (#20397103)
The way art 30(5) is drafted though means that the exception applies to basically nobody.

Unfortunately, this is a good demonstration of two criticisms made of the GDPR right from the start: the costs of creating new paperwork in the approved format even if it makes no material difference to any actual data processing, and ambiguity about what is required or permitted even in quite fundamental respects.