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Old January 3, 2019, 09:36 PM
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Just a quick update on NCIX that I saw on CBC, no criminal charges and data breach civil suit got toss.


https://www.cbc.ca/news/canada/briti...each-1.4964076
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Old January 3, 2019, 10:25 PM
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Originally Posted by moocow View Post
Just a quick update on NCIX that I saw on CBC, no criminal charges and data breach civil suit got toss.


https://www.cbc.ca/news/canada/briti...each-1.4964076
Of course it did.
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Old January 4, 2019, 07:58 AM
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Originally Posted by moocow View Post
Just a quick update on NCIX that I saw on CBC, no criminal charges and data breach civil suit got toss.


https://www.cbc.ca/news/canada/briti...each-1.4964076
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Originally Posted by enaberif View Post
Of course it did.
Obvious 'I am not a lawyer caveat';
In fairness to the Judge, the lawyer didn't present much of a case and I don't think Canadian law dictates anything about how a bankruptcy trustee has to secure data on assets being auctioned off. It *should* have been NCIX's responsibility but since it no longer exists you can't sue them. If there was gross criminal negligence or malicious intent I think you can potentially sue an individual employee who should have been responsible for making sure that data was secure (ie encrypting it), but you'd have to find out who that would have been and actually collect enough evidence to prove it was gross negligence or malicious intent which would be damn near impossible I suspect. At best you could try and sue Wu for not having implemented proper procedures as CEO, but I'm sure he'd have enough excuses to avoid being found guilty; " I wasn't directly in charge of data security", "I hired these individuals to manage our records, talk to them", "Here's three emails where I have a single sentence buried in 20 pages telling our employees I care about our customer's data security" etc,

It's a shitty situation and I'd hope some Vancouverites push their local MPs to use this as an example to change the law to make securing this kind of data mandatory for companies and possibly making it a responsibility of auctioneers and trustees to properly wipe storage data. That's probably expecting too much.

These kind of things (and finance law) always remind of one of the rare instances where construction laws are ahead of the curve. Almost all major construction companies do training at the foreman or above level explaining WCB premiums, the 'right to refuse unsafe work' and how at a supervisory level you're potentially legally liable for injuries or incidents that occur to workers underneath you. Even if you didn't outright tell them to do something a certain way. Similarly, if you did something against code or in blatant disregards of 'best construction practices' you can be on the hook in court.
I don't think it happens often, but just the threat of potential suits down the road helps keep some of the potentially worse behavior from happening. In a perfect world, personal finance consultants, banks, people dealing with secure data, etc would all be on the same potential 'hook' for not doing enough to do the right thing.
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