State and federal laws relating to alleged crimes committed online or via software may be difficult for people in Minnesota or other states to fully understand. Additionally, the nature of the Internet means that these events are often not relegated only to one legal jurisdiction or state. The data breach that has been exposed recently regarding one of the big three credit monitoring agencies is a great example of this.
While many people are being extremely critical of the company itself, no person either within the company or outside of the company has been charged with any type of crime. That said, two of the top executives from the agency are said to have retired and their retirements are believed to be directly connected to the breach. The two people to leave had previously held the roles of chief security officer and chief technology officer.
It remains to be seen as to whether or not these two people may ultimately face criminal prosecution. Also unknown are details of any potential agreement whereby their voluntary resignations may be part of some type of plea agreement. Certainly Equifax as a company admits that a breach happened but there have been no known reports of actual identity theft at the individual consumer level in action as of yet leaving many questions on the table.
If it comes to pass that anyone in Minnesota faces criminal accusations related to a data breach or other online crime, talking with an attorney may offer insights into a defense option.
Source: The Washington Post, “Key Equifax executives departing after huge data breach,” Ken Sweet, September 17, 2017