Case Management/Electronic Case Files: Civil Case Privacy Policy

PRIVACY POLICY FOR THE ELECTRONIC AVAILABILITY OF CIVIL CASE FILE INFORMATION

The Office of the Clerk is now accepting electronically filed pleadings and making the content of these pleadings available on the court’s Internet website via PACER. Any subscriber to PACER will be able to read, download, store, and print the full content of electronically filed documents. The clerk’s office will not make electronically available documents that have been sealed or otherwise restricted by court order.

You should not include sensitive information in any document filed with the court unless such inclusion is necessary and relevant to the case. You must remember that any personal information not otherwise protected will be made available over the Internet via PACER. In compliance with the policy of the Judicial Conference of the United States, and in order to promote public electronic access to case files while also protecting sensitive information and other legitimate interest, parties shall refrain from including the following personal identifiers from all pleadings and other civil papers filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court:

1. Social Security Numbers. If an individual’s Social Security Number must be included, only the last four digits of that number should be used.

2. Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.

3. Dates of Birth. If an individual’s date of birth must be included in a pleading, only the year should be used.

4. Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.

In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers specified above may (a) file an unredacted document under seal. This document shall be retained by the court as part of the record, or (b) file a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete identifier. The reference list must be filed under seal, and may be amended as of right. It shall be retained by the court as part of the record. The court may, however, still require the party to file a redacted copy for the public file. In addition, exercise caution when filing documents that contain the following: 1. Personal identifying numbers, such as driver’s license number; 2. Medical records, treatment and diagnosis; 3. Employment history; 4. Individual financial information; and 5. Proprietary or trade secret information. Counsel is strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The Clerk will not review each pleading for redaction.