"Show me the incentives, and I'll show you the outcomes." - Charlie Munger
Right now, if you have a security breach, at least in the US, you send out a letter telling the person that their data could be God-knows-where and offer them two free years of credit monitoring. Victims aren't going to really use that because it's essentially useless. If they've got absolutely, positively nothing better to do with their time, I guess you could file a lawsuit. Who knows what the outcome would be. Probably not in their favor.
In other words, it's cheaper for them to overwork the InfoSec guys/gals and barely care about what is happening outside of day-to-day operations, than it is to really secure their stuff. So they don't spend that money.
If you saw corporate valuation-cratering fines being implemented - the kind that would end the c-suite's careers and bring shame to their family lines for seven generations - I bet that they'd start catering lunches for the InfoSec team.
New idea: AI tool to help generate legal letters to companies after they leak data to cause them maximum inconvenience.
I don't think fines are enough of an incentive. They're too easy to evade and insufficiently consequential to the people who are actually shipping code. Moreover, making them enormous (as you put it well "valuation-cratering") unfairly punishes people who are not directly responsible for the failure. Instead, like in other engineering disciplines, Engineers need to be personally liable for the consequences of failure. Not necessarily every engineer--not every mechanical engineer needs to be a P.E.--but someone directly responsible for the quality of the work needs to stake their reputation on it, and suffer the consequences when it fails.
> offer them two free years of credit monitoring. Victims aren't going to really use that because it's essentially useless
It's generally actively harmful, and the CRAs fight for this business from breaches because universally, to accept the free credit monitoring you have to sign up for their highest tier credit monitoring package (which can be up to $50/month), supply a credit card, and then hope to remember, a year later, to cancel at the end of the free period, because at that point they'll convert you to a paying customer.
> "Show me the incentives, and I'll show you the outcomes." - Charlie Munger
Also note that -like pharmaceutical companies- treatment is more profitable than cure for infosec consultants.