Should executives be held responsible for data breaches?

Table of Contents

Share at:

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:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Home office — the changing face of small business in Australia

The changing face of small business in Australia

Australia has 2.8 million trading businesses, and solo operators drove almost all of last year's growth. See which industries and places are leading.

How to Start a Small-Scale Mining Business: Essential Legal, Financial, and Operational Steps

Our guide on how to start a small mining business in Australia can help you capitalise on your skills.

How To Fire An Independent Contractor (2026 Update)

Have you hired an independent contractor and aren't happy with how things are going? Learn more about the legal avenues available to you.

How to Find Your ABN (2026 Update)

Your ABN is your business's key identifier. But what happens if you misplace it? Read to find out more.

How Often Should Employees Have Performance Reviews?

Performance reviews are a popular method of measuring and evaluating an employees' capability. So how often should you conduct performance reviews?

How Many Shareholders Can a Private Company Have?

Is there a limit on the number of shareholders your private company can have? Read more to find out about shareholders in private companies.