Process
The consumer privacy ombudsman in data sales
Plan on privacy scrutiny if you sell data inside a bankruptcy. Spirit Airlines got a consumer privacy ombudsman, Lucy L. Thomson, named in July 2026 to advise the court.
Your counsel can tell you whether your case needs an ombudsman. Below is what they have done in practice.
01
How the Spirit ombudsman was appointed
Thomson's appointment came from the US Trustee on 2026-07-17 (Dkt. 1350). Six days on, the judge approved it (Dkt. 1380), between the June procedures order and the August auction.
In its filing, Google said an ombudsman only has a role when personally identifiable information is being sold, and that de-identified data falls outside consumer data. The argument sits on the docket without a ruling.
02
Conditions first, then a recommendation
Thomson's first report came out on 2026-09-08 and took no final side on the sale. Instead it laid out five groups of conditions:
- 1Verified removal of personal details, with certification
- 2Transparency
- 3Protection of children and teens
- 4A ban on re-identification
- 5Security in the AI training environment
She came out for the Google sale on 2026-10-05. Under her plan, Tonic.ai removes personal details from the unstructured material, corporate email included, and certifies every transfer to the court. She said plainly that employee and third-party risks were outside her review.
03
RadioShack: a nine-hour mediation
Back in 2015, RadioShack's ombudsman spent nine hours in mediation with the states' attorneys general. Afterwards only emails from customers with recent product inquiries remained in the file, and Social Security, phone, birth date and card numbers were stripped. See customer data in bankruptcy.
04
What to expect next
Character.AI's bankruptcy raises the issue again: dozens of state attorneys general have asked who can buy users' chats. If your case has any customer or user data, plan for privacy review early, budget for de-identification and expect the ombudsman's report to shape the final terms.
FAQ
Questions, answered
Who was the ombudsman in Spirit's case?
Lucy L. Thomson. The US Trustee named her on 2026-07-17, and the court confirmed her on 2026-07-23.
Did she approve the sale?
On 2026-10-05 she backed the sale, conditioned on Tonic.ai certifying de-identification ahead of every transfer. The judge has the final say.
Does every data sale need an ombudsman?
Not necessarily. The rule applies to certain sales of personally identifiable information. Ask your counsel whether it applies to your case.
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Sources
Every number on this page links back to one of these.
- 1Chapter11Cases (Stretto): docket report on the Spirit Airlines de-identified data salechapter11cases.com
- 2The Next Web: ombudsman backs Google's purchase of Spirit Airlines datathenextweb.com
- 3ArentFox Schiff: agreement reached on sale of consumer data in RadioShack bankruptcyafslaw.com
- 4PPC Land: Character.AI faces 40 attorneys general over who can buy its users' chatsppc.land
- 511 U.S.C. § 332: consumer privacy ombudsman (Cornell LII)law.cornell.edu
- 611 U.S.C. § 363: use, sale or lease of property (Cornell LII)law.cornell.edu
- 7Pewter Datapewterdata.com
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