Should executives go to jail over cybersecurity breaches?

ABSTRACT The Consumer Data Protection Act, a new bill introduced by Senator Ron Wyden, is proposing “jail time of up to 20 years for executives who knowingly sign off on incorrect or inaccurate annual certifications of their companies’ data-security practices.” The bill also recommends that companies be fined “up to 4 percent of their annual revenue.” While the critics consider the penalties too harsh and severe, the proposed legislation reflects two key realities – a) active involvement and commitment of senior management is essential to achieving a high level of cybersecurity preparedness; and b) legislation and fear of severe penalties (such as Sarbanes-Oxley Act of 2002 and European Union’s General Data Protection Regulation) is often necessary to motivate desired organizational behavior. In an increasingly digital ecosystem characterized by high levels of electronic connectivity, vulnerability to cyberattacks is growing. Organizations are in a perpetual state of breach with rapidly expanding attack surfaces and evolving threat vectors. Protecting confidential data and related digital assets is becoming critical to survival and success. Senior management must come to terms with this new business reality and give strategic priority to cybersecurity preparedness and investments. Research finds active involvement of top management in cyber risk mitigation initiatives to be a critical success factor and best practice. The onus is also on senior management to create a high-performance security culture founded on three key cornerstones – commitment, preparedness, and discipline. They also must lead the charge in establishing a cybersecurity governance structure characterized by joint ownership, responsibility, and accountability.