I agree with the core idea, avoid saving info so you can't ever leak it. I personally think our legal framework should be based on consequences to encourage this mentality more. If you are hacked I don't care even a little that you did everything right, I just care that my information got taken. You should be held liable even if you did what the industry thought was right.
Obviously, IANAL In a sense, that gradation is present for other offenses. You kill a man by accident? It may end up being involuntary manslaughter. You kill that same man with malice and planning? It charge will move to aggravated and premeditated murder. At the end of the day, a life was taken and some level of judicial review should take place. That does not appear to happen for 'hack' events.
If we take the comparison down a step (and into what I think is maybe a more comparable situation), I routinely see warnings in parking lots that they are not liable for stolen property or damage and imagine those are generally probably pretty accurate outside of, again, some negligence on the side of the business.