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by JumpCrisscross 2822 days ago
I would prefer starting small and cautiously scaling up. “If you lose my data, you are strictly liable” is a good start because it lets case law work through the holes. (It also causes companies to see personal data as an asset and a liability, not just the former.)

Full-blown GDPR is overkill. It makes more sense to wait a few years and see if the situation in Europe evolves differently from the U.S. I personally believe the law fails to incentivise the sort of behaviour it aspires to, but that’s merely a hunch—better to wait until we have data.

2 comments

I agree with the sentiment of starting small, but your example of strict liability might be starting too strong. Personally, I would start with a lower mens rea. Maybe I see the situation differently, but I believe most of the subjects covered by GDPR are distinguishable from areas of law such as, e.g., products liability, that utilize strict liability.
"This is not the time to talk about guns"
> This is not the time to talk about guns

That’s disengenuous. I’m saying this is the time to talk about data. But instead of coming out of the gate with a gargantuan salvo or complicated, expensive and unpredictable regulation, let’s start small and work gradually.