PRIA, Government Policy, Made Personal

Summary

If there will be a hearing about selling or leasing people’s personally identifiable information, the court must tell the United States trustee to pick one neutral person (not the trustee) to be the consumer privacy ombudsman. That person must be appointed at least 7 days before the hearing and must get notice of the hearing. The ombudsman can speak at the hearing and give the court helpful facts. They can show the seller’s privacy policy, describe how consumers’ privacy or costs might change, and suggest alternatives to reduce harm. The ombudsman must not reveal any personally identifiable information they learn.

Title 11, §332

Bankruptcy, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.

Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an

Effective Date

of 2005 Amendment note under section 101 of this title.

§332 Consumer Privacy Ombudsman

Summary

Title 11, §332

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata