National Data Center Policy on Access to Case Files
The National Association for Chapter Thirteen Trustees (NACTT) is in the process of establishing a National Data Center (NDC) that will make case information maintained by the private trustees assigned to the debtor’s bankruptcy case available over the Internet to parties in interest. The NDC has indicated that it will contract with the private trustees regarding transmission of the information and will provide debtors notice that parties in interest will have Internet access to their case information. In addition, by signing the contract, private trustees agree to investigate and rectify errors in the data reported should errors be discovered. To protect against parties in interest re-disclosing debtor information to outsiders, the NDC also will contract with creditors to ensure that they only use this information with respect to bankruptcy claims, and to prohibit the selling or re-disclosing of debtor information. Finally, the NDC has asserted that it will establish and maintain a secure electronic database to prevent unauthorized access, and limit accessibility of debtors’ sensitive information.
Financial Privacy Statutes That May Apply In Bankruptcy Proceedings
In addition to the Bankruptcy Code and other bankruptcy rules and policies, there are two general financial privacy statutes that may have relevance to the collection and use of information in the bankruptcy process: the Fair Credit Reporting Act and the Gramm-Leach- Bliley Act.
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