In the January 2024 American Bankruptcy Institute Journal column, partner Andrew Perry explores the intersections of bankruptcy code and regulations, data privacy laws and the intricacies of protecting personal identifiers in bankruptcy cases. He emphasizes current data safeguards—including redaction of personally identifiable information—and highlights the absence of federal guidance beyond this pivotal step in the bankruptcy process.
In the article titled “Filling the Privacy Gap: How State Law Applies to Claims Data,” Andrew discusses complexities in large-scale cases, highlighting the risks of outsourcing due to the absence of federal data protection laws and the impact of state-specific regulations.
The discussion expands upon the following aspects:
- Regulatory framework for personal information protection under the Bankruptcy Code and Rules
- Non-bankruptcy and state framework on data collection in bankruptcy cases
- Influence of non-bankruptcy laws, such as the Fair Credit Reporting Act
- Examination of California’s CCPA and CPRA
- Role and responsibilities of bankruptcy claims agents in managing sensitive data
- Application of state data privacy laws to bankruptcy claims agents
To read the full article, click here.
Andrew concentrates his practice on bankruptcy insurance coverage disputes and has significant experience interpreting contractual obligations and determining the extent insurance contracts are enforceable in bankruptcy cases. In addition to his bankruptcy and insurance practice, Andrew is also a Certified Information Privacy Professional (CIPP).