Records / Laws and rulings

In re 23andMe Holding Co.: which privacy policy counts under section 363(b)(1) (June 27, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Memorandum Opinion, ECF No. 908 (June 27, 2025))

For deciding whether section 363(b)(1) is triggered, the court looks at the formal privacy policy in force on the filing date, not older versions or marketing statements, though it noted it can appoint an ombudsman anyway.

Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text

In the source's own words
“I thus conclude that the “policy” relevant to Section 363(b)(1) is the formal privacy policy, as a lawyer would understand that term, and it is “in effect” if it is the current version of the policy as of the petition date, without regard to what might have occurred earlier.”
Also read from the same source
Figures it counts in

It is shown on its own, not counted into a figure.

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