Question
A large retailer, Scarfs-4-Sale, has had several data breaches in the past few years. These breaches expose customers to identity theft and other risks. While
A large retailer, Scarfs-4-Sale, has had several data breaches in the past few years. These breaches expose customers to identity theft and other risks. While some have been unexpected, others have come after the company received warnings from data professionals that their systems were vulnerable. You are a state consumer protection regulator. Recently you have been getting pressure from legislators whose constituents are angry that their data is continually put at risk. The legislators want you to do something, anything, so they do not look incompetent. Based on what you have uncovered about Scarfs4-Sale's practices, you could refer the case to the state attorney general for possible investigation into criminal wrongdoing. Specifically, you suspect that Scarfs-4-Sale may have obstructed justice when it concealed material weaknesses in its systems from you in prior investigations. That said, you are unsure whether a criminal referral will produce better results for consumers going forward. Moreover, the company brings in a lot of business for the state. Draft an essay explaining the pros and cons (and associated corporate compliance theories) of a criminal referral in this case and what considerations a regulator must weigh when deciding how to approach a case.
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