Amendment Offered by Rep. Ed Markey (D-MA). Re: Privacy protections amendment to HR 333, the bankruptcy reform bill. Date: February 27, 2001. Source: The Office of Rep. Markey kindly provided Tech Law Journal a PDF copy. TLJ converted that document into HTML.

Amendment to H.R. 333, As Reported
Offered by Mr. Markey of Massachusetts

Page 254, after line 4, insert the following (and make such technical and conforming changes as may be appropriate):

SEC. 605. PROTECTION OF PERSONAL PRIVACY IN BANKRUPTCY CASES.

(a) PERSONAL PRIVACY PROTECTION.—Section 107 of title 11, United States Code, is amended by adding at the end the following:

‘‘(c) ELECTRONIC ACCESS.—

‘‘(1) IN GENERAL.—The clerk of the bankruptcy court, the United States trustee, and the trustee in a case under this title may provide electronic access to a paper filed in a case under this title, to any of the information contained in a paper filed in such a case, and to the dockets of a bankruptcy court only as permitted in this subsection.

‘‘(2) LIMITATIONS ON ACCESS.—Except as provided in paragraph (3), the clerk of the bankruptcy court, the United States trustee, and the trustee in the case may not provide electronic access—

‘‘(A) to the debtor’s social security number, date of birth, mother’s maiden name, telephone number, or account numbers (including bank account and credit card account numbers);

‘‘(B) to any of the single line items in the debtor’s schedule of assets or statement of income and expenditures; or

‘‘(C) to any personal, medical, or financial information regarding the debtor or a relative of the debtor.

‘‘(3) PERMISSIBLE ACCESS.—The clerk of the bankruptcy court, the United States trustee, and the trustee in the case may provide electronic access to the information specified in paragraph (2) to—

‘‘(A) a party in interest in the case;

‘‘(B) an entity that requires any such information to determine whether it is a party in interest in the case;

‘‘(C) the trustee in the case;

‘‘(D) the United States trustee; or

‘‘(E) a governmental unit that requires any such information for a bona fide law enforcement purpose.

‘‘(4) CERTIFICATION REQUIRED.—A party or entity whose only basis for obtaining electronic access to information in a case under this title is under subparagraph (A) or (B) of paragraph (3) shall, as a condition to obtaining electronic access to any of the information listed in paragraph (2), certify, in writing or in electronic form, to the clerk of the bankruptcy court, the United States trustee, or the trustee in the case, as the case may be, that the party or entity—

‘‘(A) properly qualifies for electronic access to information under paragraph (3);

‘‘(B) will use the information obtained through electronic access only for the purpose of—

‘‘(i) participating or determining whether to participate in the case;

‘‘(ii) the entity’s own internal credit evaluation of the debtor; or

‘‘(iii) providing the information to a governmental unit for a bona fide law enforcement purpose;

‘‘(C) will use reasonable means to secure the information obtained from unauthorized access and disclosure; and

‘‘(D) will comply with the requirements of paragraph (6).

‘‘(5) MAINTENANCE OF RECORDS.—The clerk of the bankruptcy court, the United States trustee, or the trustee in the case, as the case may be, shall maintain a record of, and shall make available to the debtor, the identity of and contact information for any entity that has obtained electronic access to information in a case under this title.

‘‘(6) DUTIES OF RECIPIENT.—Upon written request by the debtor, an entity that has obtained electronic information under this subsection shall promptly inform the debtor of the content of the information stored by the entity and shall correct any such information to the extent that it differs from the information contained in the records of the bankruptcy court.

‘‘(7) LIABILITY.—A party or entity that is required to make the certification required under paragraph (4), that obtains electronic access to information in a case, and that does not provide or does not comply with the certification is liable to the debtor for—

‘‘(A) any actual damages;

‘‘(B) the debtor’s attorney’s fees and costs in enforcing compliance with this subsection;

‘‘(C) $500 per violation; and

‘‘(D) punitive damages, if the violation is willful or part of a pattern or practice of violations of this subsection.

‘‘(8) USE BY OFFICIAL RECIPIENTS.—An entity that obtains electronic access to information under subparagraph (C), (D), or (E) of paragraph (3)—

‘‘(A) may use the information concerning an individual debtor only in connection with carrying out the official duties of that entity in connection with the administration of the case or the administration of the bankruptcy system in general; and

‘‘(B) may not provide electronic access to any such information concerning an individual debtor, except in accordance with the provisions of this subsection.

‘‘(9) ACCESS TO STATISTICAL INFORMATION.—The clerk of the bankruptcy court may provide electronic access to statistical information concerning cases and information concerning particular cases without regard to the restrictions of this subsection, but only if the information does not include any means of identifying a particular debtor’s name, social security number, date of birth, mother’s maiden name, telephone number, address, or account numbers (including bank account and credit card account numbers).

‘‘(10) DEFINITION.—For purposes of this subsection, ‘electronic access’ means access through electronic means, such as through a computer or telephone, to a database or to court or other electronic records, without human intervention.

‘‘(11) APPLICABILITY TO INDIVIDUALS.—This subsection applies only in a case in which the debtor is an individual.’’.

(b) CONFORMING AMENDMENT.—Section 107(a) of title 11, United States Code, is amended by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b) and (c)’’.

(c) CLERICAL AMENDMENTS.—Section 107 of title 11, United States Code, is amended—

(1) by inserting ‘‘GENERAL ACCESS.—’’ after ‘‘(a)’’; and

(2) by inserting ‘‘PROTECTED MATTER.—’’ after ‘‘(b)’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall become effective 180 days after the date of enactment of this Act.