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: 2) by sjames on Thursday July 05 2018, @09:12PM (3 children)
So crime should be legalized because any other action requires altering funsamental human nature?
(Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @08:00PM (2 children)
No, the expectation of not having this particular kind of fuckwadery should be abandoned though. It's going to happen. By all means, punish it like anything else we abhor as a society but don't go thinking you can ever get rid of it.
My rights don't end where your fear begins.
(Score: 2) by sjames on Saturday July 07 2018, @10:51PM (1 child)
Let's not let perfection be the enemy of hood. I'm guessing that corporate violation of privacy will go way down if getting caught violating it is expensive enough and likely enough.
(Score: 2) by The Mighty Buzzard on Sunday July 08 2018, @03:14AM
Zactly. Just because you can't beat something doesn't mean you shouldn't fight it; it just means you're not going to win.
My rights don't end where your fear begins.