Rules for Personal Information Processing in Bankruptcy ProceedingsA Perspective Based on Bankruptcy Administrators

Abstract

With the advancement of big data technologies and the rise of the digital economy,the legal status of corporate data assets has garnered increasing attention.The bankruptcy case of”Xiaoming Bike”has sparked public concern over the rules governing the handling of personal information in bankruptcy proceedings.However,the traditional legal framework falls short in addressing the legal challenges posed by data—particularly personal information—as a novel type of asset.Currently,Chinese laws and regulations neither provide a clear classification of personal information nor determine whether it constitutes part of the bankruptcy estate.At the same time,the role of the bankruptcy administrator,a key figure in bankruptcy proceedings,lacks legal guidance regarding their obligations and principles when processing personal information.Therefore,it is necessary to clarify the legal nature of personal information before examining whether and to what extent such information should be included in the bankruptcy estate.Building on this foundation,and drawing upon foreign experience,differentiated rules for handling various categories of personal information should be developed from the perspective of the bankruptcy administrator,with an aim to balance the interests of all parties involved.