Should executives be held responsible for data breaches?

Share at:
AI Share Buttons - Mobile Logo Only
LinkedIn
X
Facebook
WhatsApp
Threads

On 27 September, it was announced by the Board of Equifax that CEO Richard Smith amongst other executives had stepped down from their roles following the disclosure of a hacking scandal. It was alleged that the perpetrators gained unauthorised access to sensitive personal data held by Equifax, including social security numbers, birth dates and home addresses. Over 143 million Americans were exposed – nearly half the country’s population.

It was alleged that the hack was possible because Equifax failed to act on warnings to fix a software security problem.

Law Reform: Should executives be held accountable?

The story has been attracting attention for a reason other than just the privacy breach. Those who were responsible face the prospect of walking free. Smith would be able to enjoy his retirement that includes a large pension and other executives would have the benefit of keeping the profit from the sale of stock that they transacted before publicly announcing the breach.

The policy question remains: is it fair for executives to walk free in the face of damage done to millions of Americans?

This was the subject of intense debate in the US Congressional Hearing in Washington which Smith attended on 3 October 2017. Many were of the view that it was not justified that executives not only avoid the repercussions but were able to leave with all the benefits. Sen. Elizabeth Warren pushed for legislative reform that penalises executives and companies that fail to take reasonable measures for cyber safety and that result in public harm.

On the other hand, Smith maintained that punitive measures are not ideal given that the company plays a ‘vital role in the economy.’

Final Thoughts

Whilst the Equifax hacking incident is primarily focused on accountability of fault-bearing executives, another message is clear. In today’s technologically advanced society, hackers are finding more and more ways to access private information. Therefore, especially for data-holding companies, this calls for more advanced countermeasures as well as tech-savvy personnel to reduce the risk of such occurrences taking place.

Let us know your thoughts on the Equifax scandal as well as the frailty of privacy by tagging us #lawpath or @lawpath

Share at:
AI Share Buttons - Mobile Logo Only
LinkedIn
X
Facebook
WhatsApp
Threads
You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

eBook

Download our eBook,
Hiring Your First Employee

Our eBook covers the necessary legal and financial considerations you should make when hiring your first employee.

You may also like

Are you worried that your faith and practices may preclude you from employment? Do you feel like you've been unjustly terminated? Look no further, this article will explain everything you need to know.
Choosing the right business structure involves understanding their tax implications. Let us walk you through the process in our detailed guide.
Considering an alternative super fund? Here are the benefits of choosing a SMSF.