ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

11 U.S.C. § 332Consumer privacy ombudsman

submitted 21 years ago by Pub. L. 109-8 to r/title-11-BANKRUPTCY · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a bankruptcy court must hold a hearing on selling personal customer data, it must appoint an independent consumer privacy ombudsman. The ombudsman gives the court information about privacy risks and benefits of the sale. The ombudsman cannot share any personal data they learn about.

(a) If a hearing is required under section 363(b)(1)(B) -- about the sale or lease of personally identifiable information -- the court must order the United States trustee to appoint one independent person, other than the United States trustee, to serve as the consumer privacy ombudsman. This appointment must happen no later than 7 days before the hearing begins, and the court must require that the ombudsman be given timely notice of the hearing. (b) The consumer privacy ombudsman may appear and be heard at the hearing, and must give the court information to help it weigh the facts, circumstances, and conditions of the proposed sale or lease under section 363(b)(1)(B). That information may include (1) the debtor's privacy policy; (2) the potential privacy losses or gains for consumers if the sale or lease is approved; (3) the potential costs or benefits to consumers if it is approved; and (4) potential alternatives that would reduce privacy losses or costs to consumers. (c) A consumer privacy ombudsman must not disclose any personally identifiable information obtained under this title.
the actual law source: uscode.house.gov ↗public domain
(a)

If a hearing is required under section 363(b)(1)(B), the court shall order the United States trustee to appoint, not later than 7 days before the commencement of the hearing, 1 disinterested person (other than the United States trustee) to serve as the consumer privacy ombudsman in the case and shall require that notice of such hearing be timely given to such ombudsman.

(b)

The consumer privacy ombudsman may appear and be heard at such hearing and shall provide to the court information to assist the court in its consideration of the facts, circumstances, and conditions of the proposed sale or lease of personally identifiable information under section 363(b)(1)(B). Such information may include presentation of—

(1)

the debtor’s privacy policy;

(2)

the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court;

(3)

the potential costs or benefits to consumers if such sale or such lease is approved by the court; and

(4)

the potential alternatives that would mitigate potential privacy losses or potential costs to consumers.

(c)

A consumer privacy ombudsman shall not disclose any personally identifiable information obtained by the ombudsman under this title.

Source credit: (Added Pub. L. 109–8, title II, § 232(a), Apr. 20, 2005, 119 Stat. 73; amended Pub. L. 111–16, § 2(3), May 7, 2009, 123 Stat. 1607.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-8 · 119 Stat. 73
  • 2009Amended · Pub. L. 111-16 · 123 Stat. 1607

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-8 on 2005-04-20.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case