An auction of RadioShack assets which concluded this week included the names and physical addresses of 65 million customers and email addresses of 13 million customers.   The auction result and transfer of assets is still subject to bankruptcy court approval.

Many states, including Texas and New York, have promised to take legal action to stop the transfer, because it violates the company’s privacy policy.  RadioShack’s March 2015 privacy policy stated  “We will not sell or rent your personally identifiable information to anyone at any time.”

Other companies, such as AT&T have also objected to the sale. http://www.pcworld.com/article/2901028/radioshack-puts-customers-personal-data-up-for-sale-in-bankruptcy-auction.html

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Photo of Kathleen Porter Kathleen Porter

Kathy Porter’s practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security. She counsels businesses on the development and implementation of data security and…

Kathy Porter’s practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security. She counsels businesses on the development and implementation of data security and privacy practices to comply with the patchwork of laws and rules applicable to the collection, use, safeguarding, sharing, and transfer of protected or personal data. She regularly structures arrangements with promoters, marketers, website exchanges, and other third parties for the purchase, sale, sharing, and safeguarding of personal data. Kathy prepares and negotiates representations, warranties, and indemnities regarding personal or protected data and privacy and data practices. She also assists clients with privacy audits and works with third-party certification organizations to obtain certification of companies’ privacy practices. She guides clients through internal investigations to assess and address notice and other obligations regarding privacy breaches. Kathy often works closely with our litigation attorneys to manage external investigations such as those by federal or state regulators. Read her rc.com bio here.