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PT6A posted:The civil standard of negligence should be applicable. If I'm operating a business and I leave a bunch of credit card numbers lying around where anyone can see them, it's a crime to break in and steal them, but it's also negligent on my part to store them in an insecure fashion. If I kept them in a cardboard box that says "confidential!" that's still a bit poo poo, but slightly less negligent. If I stored them in a safe, and I didn't leave the key nearby, that's appropriate precaution on my part, even if the thief breaks into the safe. What is the current law on affirmatively having to secure sensitive information? Are their minimum technical standards or safeguards that have to be employed, or is it a case by case, “if your poo poo gets stolen because your credit card company didn’t secure it enough, sue them and try your luck in court” kind of thing? An affirmative duty to securely store sensitive information seems like the only legal solution, similar to how some states require you to lock your gun in a safe, but it’s difficult to see how exactly you would legislate that.
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Jan 17, 2021 08:20
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| # ¿ May 14, 2024 04:42 |
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