Page:United States Statutes at Large Volume 119.djvu/91

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 73

‘‘(A) such sale or such lease is consistent with such policy; or ‘‘(B) after appointment of a consumer privacy ombudsman in accordance with section 332, and after notice and a hearing, the court approves such sale or such lease— ‘‘(i) giving due consideration to the facts, circumstances, and conditions of such sale or such lease; and ‘‘(ii) finding that no showing was made that such sale or such lease would violate applicable nonbankruptcy law.’’. (b) DEFINITION.—Section 101 of title 11, United States Code, is amended by inserting after paragraph (41) the following: ‘‘(41A) ‘personally identifiable information’ means— ‘‘(A) if provided by an individual to the debtor in connection with obtaining a product or a service from the debtor primarily for personal, family, or household purposes— ‘‘(i) the first name (or initial) and last name of such individual, whether given at birth or time of adoption, or resulting from a lawful change of name; ‘‘(ii) the geographical address of a physical place of residence of such individual; ‘‘(iii) an electronic address (including an e-mail address) of such individual; ‘‘(iv) a telephone number dedicated to contacting such individual at such physical place of residence; ‘‘(v) a social security account number issued to such individual; or ‘‘(vi) the account number of a credit card issued to such individual; or ‘‘(B) if identified in connection with 1 or more of the items of information specified in subparagraph (A)— ‘‘(i) a birth date, the number of a certificate of birth or adoption, or a place of birth; or ‘‘(ii) any other information concerning an identified individual that, if disclosed, will result in contacting or identifying such individual physically or electronically;’’. SEC. 232. CONSUMER PRIVACY OMBUDSMAN.

(a) CONSUMER PRIVACY OMBUDSMAN.—Title 11 of the United States Code is amended by inserting after section 331 the following: ‘‘§ 332. Consumer privacy ombudsman ‘‘(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 5 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;

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