Earlier this week, we reported that the one of the assets of the former RadioShack empire up for sale is the tens of millions of names, mailing addresses, phone numbers, and e-mail addresses that the retailer has collected from its customers. Many states’ attorneys general objected to this possible sale, noting that it may violate Texas law and the company’s own privacy policies. Fortunately, that consumer data is not yet for sale.

Liquidators Hilco Streambank listed this information as one of the Shack’s assets that would be for sale, alongside the company’s domain names, house brands, and patent portfolio. Yet the auction has an official consumer privacy ombudsman who looks out for, well, consumer privacy. The ombud, New York attorney Elaine Frejka, sent a letter to the bankruptcy judge in response to the letters from the attorneys general of Texas and other states objecting to the possible sale of consumer data.

Her response is simple: RadioShack told her that they aren’t selling consumer data.

I have been advised by the Debtors that customer lists and other customer-related information (the Customer Data”) will not be included as part of the sale to be considered by the Court on March 26, 2015. In light of the fact that the sale of Personally Identifiable Information, as defined in section 101(41A) of the Bankruptcy Code, is not at issue at this time, the Ombudsman respectfully submits that filing a report at this time would not benefit the Court or other parties-in-interest.

This doesn’t definitively rule out selling the data in the future, but it isn’t part of the current auction.

Shoppers’ personal info not part of RadioShack sale: ombudsman [Reuters]

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