Bankrupt magazine must destroy subscriber data.

• Position: PRIVACY

[ILLUSTRATION OMITTED]

When XY Magazine ended publication in 2009, it listed its subscriber and online profile database as one of its assets. In the bankruptcy proceeding, the magazine's creditors claimed they were entitled to its subscriber base and readers' personal information, including the names, postal and e-mail addresses, photos, and online profiles of more than 500,000 users.

XY Magazine's website privacy policy clearly stated, "[w]e never give your info to anybody" and "our privacy policy is simple: we never share your information with anybody." That clear, direct policy factored greatly into the Federal Trade Commission's (FFC) opinion that the parties must honor its terms. The FTC suggested that. any breach of the...