alt Hacker NewsOk. How do you propose they prove they can handle the risks? Who is responsible for determining that and what are their qualifications?
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They are, by deciding if they are able to handle having their lives certainly ruined if they screw up. The trick to punishment as deterrence to planned actions is 100% identification and enforcement, so that people will avoid the behavior to avoid the punishment. Anything less and some people will decide the potential payoff of success is worth it.
Reality and certainty of consequences, not evasion and insuring of liability
I specified it in the last sentence: >>If they can not handle properly the risks of their business, they should be in another business.
The same way it is handled in any other business or trade with risk.
Make sure the risks are also PERSONALLY CONSEQUENTIAL TO THEM.
If they fail to handle the business with state-of-the-art advanced knowledge, intelligence, diligence, and resources, then they will face serious personal consequences. If they do not want to take that risk, they are free to go work in any other business.
Some people are fine taking the risks of subsea welding or windmill maintenance. Others are not, and are free to pursue other work. The risks for fuking-up there include sudden death and life-changing injury.
It should be the same for people risking the livelihoods of every person who's data they handle — if they fuk-up badly enough, their risk should be financial bankruptcy and prison.
Instead, white-collar work is typically organized so those who fckup get a promotion or just find a new higher-paying job, while the people they screwed over are left to deal with the consequences.
That's the secret: no one can.
Any data stored anywhere can be exfiltrated through either social engineering, or computer hacking.
Make it illegal to have this data, and if they really want it, then you hit them with jail when it leaks, not fines that can be paid by the board in the form of a golden parachute.
Only those that absolutely need data like this should store it. Like, I dunno, the government? Everyone else can rely on zero knowledge proofs or literally anything else than forever storing a scan of someone's entire fucking identity.