During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

By taking proactive measures, a business can transform the personal data it holds from a reorganization liability into an asset. However, the issue of whether or not personally identifiable information (PII) can be sold (and under what terms) is a common way privacy issues come into play during liquidation and reorganization proceedings. As further discussed below, the GDPR and the CCPA, along with the prior positions taken by the FTC and various State Attorneys General, are all factors for companies to consider to ensure that data does not lose its value as part of the bankruptcy process.
Continue Reading Privacy During Bankruptcy Proceedings: Why It Matters

With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly for the public good, the privacy rights and legal requirements applicable to such data must be considered carefully.[i]
Continue Reading Public Ends From Private Means: Privacy Rights and Benevolent Use of Personal Data