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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 subs
by Fjolsvith 9y ago
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?
- swsieber 9y agoIt could work. Just write the law to account for edge cases like that.
- mattnewton 9y agoThe 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.
- scrumper 9y agoWhy wouldn't they both be liable? The violation is the breach, not the existence of a pice of PII data outside of their firewall.