The Sale of Personally Identifiable Information in Bankruptcy

American Bankruptcy Institute BI Law Review, 2018

15 Pages Posted: 29 Sep 2020

Date Written: November 19, 2018

Abstract

This article will address the Bankruptcy Code's requirements for a debtor's sale of personally identifiable information. Part I reviews the requirements when the debtor's privacy policy on the petition date prohibits the proposed sale. Part II discusses the Toysmart conditions that continue to serve as the template for the sale of personal information in violation of an applicable privacy policy. Part III discusses the Bankruptcy Code's requirements when the privacy policy on the petition date permits the proposed sale, but a prior, still applicable privacy policy prohibits the sale.

Keywords: personally identifiable information, consumer privacy ombudsman, privacy policy, sale of information

JEL Classification: K2,K30,K39

Suggested Citation

Baxter, Michael, The Sale of Personally Identifiable Information in Bankruptcy (November 19, 2018). American Bankruptcy Institute BI Law Review, 2018, Available at SSRN: https://ssrn.com/abstract=3673136

Michael Baxter (Contact Author)

Covington & Burling LLP ( email )

One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
United States

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