We shall see about how fast employees were disciplined over it. But from what we've heard so far, both the number of employees who were engaged in inappropriately viewing/sharing these images AND the length of time they were doing it would highly indicate that it went well beyond just random low-level employees secretly doing this.
Tesla also has the issue of losing multiple prior lawsuits that claimed the company has a massive shortfall of employees in HR and Legal supervisory roles, and has done little to nothing to address it. They try to claim that this was going on without the knowledge of management, plaintiffs will have a peach of a counter to that in noting the repeated prior failures in management catching other bad actors.
IANAL or judge or associated with the legal profession in any way, but... seems to me that if Company A gets sued, during the course of the lawsuit it comes out the company has been running the HR and legal departments on the lean side which contributed to it... if Company A is sued again for something similar and they still haven't addressed the shortfall in the HR/legal headcounts, it should be assumed by the court that the company is intentionally turning a blind eye to bad behavior by employees and that should automatically double (at least) any damages.
What we kind of need is a national database that tracks these things which judges can review when deciding on if they need to give special instructions to the jury or when deciding on damages. So if Tesla gets sued in California and a judge notes that they seem to be intentionally looking the other way, a judge in Texas or New Mexico can see that Tesla has been given a warning about this matter already and has chosen not to do anything about it, so should be slapped around a bit. And every time they get sued and it comes up they haven't done anything about it, it just makes the penalties increase. IMO, after 3 "strikes" it's just automatic default judgment for the plaintiffs unless the company can show they have taken steps to correct this problem. I'd also be for having the CEO tossed in the county jail for contempt of court. Not to be released until it can be shown that the company has started the process of fixing the problem, and then they have to provide regular updates that they didn't just abandon the effort as soon as the CEO was released. Or, since corporations are people now, and you can't really put a corporation in jail, maybe order a halt to all sales of products/services as a kind of analog to tossing the company into jail for contempt.