College of Law of the University of Houston
The Internet's emergence as a retail marketplace has both posed new issues and cast old problems in a new light. As technology, particularly software, has advanced over time, traditional bricks and mortar firms have acquired the capability of tracking and analyzing all sorts of information about their customers, including purchasing patterns and demographic information. For years, firms have been licensing and selling such customer data both in and out of bankruptcy without much fear of legal limitations. In particular, the law has generally not adopted privacy rules that would present a barrier to commerce in personal information.
Maureen A. O'Rourke,
Bankruptcy Law v. Privacy Rights: Which Holds the Trump Card?
Houston Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1532