Can Data Breaches Be Expected From Bankrupt Mortgage Lenders?

The stock market is in a tumult. Actually, it has been for about a year, ever since the subprime fiasco (anyone take a look at Moody's performance over the past year?) Now that that particular issue has been beaten to death, other mortgage related issues are cropping up. Most of the stuff covered in the media is financial in nature, but some of those mortgage related issues do concern information security.

It's no secret that there are plenty of companies in the US that discard sensitive documents by dumping them unceremoniously: leave it by the curb, drive it to a dumpster, heave it over the walls of abandoned property, and other assorted mind boggling insecure practices. In fact, MSNBC has an article on this issue, and names numerous bankrupt mortgage companies whose borrowers' records were found in dumpsters and recycling centers. The information on those documents include credit card numbers and SSNs, as well as addresses, names, and other information needed to secure a mortgage.

Since the companies have filed for bankruptcy and are no more, the potential victims involved have no legal recourse, and are left to fend for themselves. In a way, it makes sense that companies that have filed for bankruptcy are behaving this way. (Not that I'm saying this is proper procedure.) For starters, if a company does wrong, one goes after the company; however, the company has filed for bankruptcy, it is no more, so there's no one to "go after." In light of the company status, this means that the actual person remaining behind to dispose of things, be they desks or credit applications, can opt to do whatever he feels like. He could shred the applications. He could dump them nearby. He could walk away and let the building's owner take care of them. What does he care? It's not as if he's gonna get fired.

Also, proper disposal requires either time, money, or both. A bankrupt company doesn't have money. It may have time, assuming people are going to stick around, but chances are their shredder has been seized by creditors. People are not going to stick around to shred things by hand, literally.