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Submitted via IRC for BoyceMagooglyMonkey
Your company has suffered a data breach. The law requires you to fall on your sword, and—at considerable time and expense—provide a government-scripted breach disclosure notice to your customers, including the facts and circumstances surrounding the breach, how it happened, what data was breached and, more importantly, what you are doing about it.
Irrespective of the costs of the breach itself, the government-compelled disclosure may cost you hundreds of thousands of dollars in disclosure costs alone, not to mention the reputational and other costs associated with this compelled speech. To make matters worse, the government-ordered speech does little in and of itself to make consumers safer or better protected against hackers.
[...] The data breach disclosure laws are clearly government-compelled speech. The government has a good reason for wanting companies to make such disclosures, but such reasons may not be "compelling" and the disclosure may not be the least intrusive means of achieving the government's objectives. Under the EU's GDPR regulations, the disclosure is made to the government privacy entity, and only where that entity believes it necessary is a public disclosure made.
In essence, the Supreme Court has found a right of commercial entities not to be required to make notifications and disclosures because they have a first amendment right not to be forced to do so.
(Score: 0) by Anonymous Coward on Thursday July 05 2018, @08:29PM (1 child)
Someone could peek through your windows, break in and install secret cameras, and yet you probably have a pretty good expectation of privacy when you're in your own home. Seems to work quite well for nearly every human on the planet. No real need to alter human nature, but a real need to create laws for data privacy.
Ditto murder. Very possible, happens thousands of times a day on the planet, yet pretty much everyone goes about their day with the expectation of not being murdered.
Got any more shitty wisdom to distill?
(Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @07:59PM
An expectation of privacy != privacy and that is what was claimed. You're never, ever going to have it as long as there is a financial incentive for others to deprive you of it; it's way too damned easy to take it away from you.
My rights don't end where your fear begins.