A Delaware bankruptcy judge has ruled that FTX Trading's customers' and creditors' names must stay private, despite the cryptocurrency exchange's bankruptcy, sparking debate on public transparency and data protection.
Despite challenges from various media outlets and the U.S. bankruptcy trustee, Judge John Dorsey affirmed that protecting customers, rather than the public's right to information, was paramount. According to the ruling, customer identities constitute a trade secret and must be protected from those who might target them by scouring the internet for their personal information.
FTX's customer list is regarded as a confidential secret and a valuable asset, which may prove vital during asset sales or reorganization. If the list is divulged, potential competitors lure them into their own folds.
The collapse of FTX sent shock waves throughout the financial industry, prompting the public and media to voice a strong interest in knowing more about those affected. Katie Townsend, a top-notch attorney representing the four media firms pursuing the matter: The New York Times, the Financial Times, Bloomberg, and Dow Jones, argues that the press and public have a "compelling and legitimate interest" in knowing the names of those affected by the shocking downfall of FTX.
However, the judge stressed that customers must be shielded from possible scams or thefts that may arise post-disclosure, hence the decision to keep the information confidential.
Kevin Cofsky, a member of the FTX restructuring team, insists that releasing customer names "would be detrimental" to the restructuring efforts.
But Dorsey insists that the names of individual creditors who are citizens of European Union nations or the United Kingdom and are covered under the General Data Protection Regulation (GDPR) have this same protection. FTX is seeking parallel legal measures for individuals covered under Japanese data privacy laws.
FTX failed to provide evidence of probable harm to those foreign nationals or sanctions that FTX might experience if their names are made public, claims Dorsey. A request from counsel representing an ad hoc committee of foreign officials was also rejected by Dorsey. Customers keep the identities of their participants private. He ruled that if the committee wishes to take part in the case, the identities of its members must be made public.
The ad hoc committee currently has 35 members, with estimated financial interests in FTX ranging from $64,434 to $1.5 billion, according to redacted court documents. According to his decision, some members might decide to leave.
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