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If you disclose a breach you might lose your job as the company might go down (financial liability for the company for losing personal data). But if you try to

If you disclose a breach you might lose your job as the company might go down (financial liability for the company for losing personal data). But if you try to cover up the breach (pretend you never saw it) then you risk going to jail (personal criminal liability). You get the idea. If the legal system was setup like that, you would be better off disclosing the breach and losing your job rather then risking prison time. You can always find another job.

civilitty 9y ago
No, if you disclose a data breach you get a small part (1-10%) of the total liquidation of the company before it goes out to pay the rest of the claims. Perhaps have some sort of national unemployment insurance for the rest of the employees paid for by another small part of the liquidation.
- mjevans 9y ago
  How about just straight un-employment but higher benefits (initially 100% salary/wages as normal) for employees who's companies shutdown or restructure?
- 300bps 9y ago
  No, if you disclose a data breach you get a small part (1-10%) of the total liquidation of the company before it goes out to pay the rest of the claims. That creates an incentive for employees to cause data breaches and then disclose them for massive profit.
  - mcny 9y ago
    > That creates an incentive for employees to cause data breaches and then disclose them for massive profit. I think this is a false premise. What is to stop an IT employee from installing Oracle database in production without a license (assuming technical leadership is incompetent like at Equifax), waiting for a bit, and going to the BSA or Oracle and saying, "hey come get your pay day". One, I think anyone with a shred of ethics won't do it and two, I think if we put the ceo AND the board in prison for the actions of the corporation and its employees (while following directions), then we create a strong incentive for corporations to be of manageable size. Now, I hear a lot from our politicians crow about how much they love small business and how much they hate "too big to fail". This will be a big boon for that. However, I am not holding my breath.

civilitty 9y ago

No, if you disclose a data breach you get a small part (1-10%) of the total liquidation of the company before it goes out to pay the rest of the claims. Perhaps have some sort of national unemployment insurance for the rest of the employees paid for by another small part of the liquidation.

mjevans 9y ago
How about just straight un-employment but higher benefits (initially 100% salary/wages as normal) for employees who's companies shutdown or restructure?
300bps 9y ago
No, if you disclose a data breach you get a small part (1-10%) of the total liquidation of the company before it goes out to pay the rest of the claims. That creates an incentive for employees to cause data breaches and then disclose them for massive profit.
- mcny 9y ago
  > That creates an incentive for employees to cause data breaches and then disclose them for massive profit. I think this is a false premise. What is to stop an IT employee from installing Oracle database in production without a license (assuming technical leadership is incompetent like at Equifax), waiting for a bit, and going to the BSA or Oracle and saying, "hey come get your pay day". One, I think anyone with a shred of ethics won't do it and two, I think if we put the ceo AND the board in prison for the actions of the corporation and its employees (while following directions), then we create a strong incentive for corporations to be of manageable size. Now, I hear a lot from our politicians crow about how much they love small business and how much they hate "too big to fail". This will be a big boon for that. However, I am not holding my breath.