§332 — Title 11 Bankruptcy | U.S. Code

Summary

When a hearing is needed about selling or leasing personally identifiable information under section 363(b)(1)(B), the court must order the U.S. trustee to pick one neutral person (not the U.S. trustee) to serve as a consumer privacy ombudsman at least 7 days before the hearing and must tell that person about the hearing. The ombudsman can attend and speak at the hearing and give the court information to help decide. They may show the debtor’s privacy policy, explain likely privacy gains or losses, describe costs or benefits to consumers, and suggest ways to reduce privacy harm. The ombudsman must not disclose any personally identifiable information they obtain.

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