Case Management/Electronic Case Files: Privacy Policies

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.

PRIVACY POLICY FOR THE ELECTRONIC AVAILABILITY OF CRIMINAL CASE FILE INFORMATION

Please be informed that documents filed in criminal cases in this court are now available to the public electronically.

You shall not include sensitive information in any document filed with the court. You must remember that any personal information not otherwise protected will be made available over the Internet via PACER. The following personal identifiers must be partially redacted from the document whether it is filed traditionally or electronically:

1. Social Security Numbers to the last four digits;

2. Financial Account Numbers to the last four digits;

3. Names of minor children to the initials;

4. Dates of Birth to the year; and

5. Home addresses to the city and state.

In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers specified above may file an unredacted document under seal. This document shall be retained by the court as part of the record. The court may, however, also require the party to file a redacted copy for the public file.

Because filings will be remotely, electronically available and may contain information implicating not only privacy but also personal security concerns, exercise caution when filing a document that contains any of the following information and consider accompanying any such filing with a motion to seal. Until the court has ruled on any motion to seal, no document that is the subject of a motion to seal, nor the motion or any response thereto, will be available electronically or in paper form.

1. Any personal identifying number, such as driver’s license number;

2. Medical records, treatment and diagnosis;

3. Employment history;

4. Individual financial information;

5. Proprietary or trade secret information;

6. Information regarding and individual’s cooperation with the government;

7. Information regarding the victim of any criminal activity;

8. National security information; and

9. Sensitive security information as described in 49 U.S.C. §114(s).

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. If a redacted document is filed, it is the sole responsibility of counsel and the parties to be sure that all documents and pleadings comply with the rules of this court requiring redaction of personal data identifiers. The Clerk will not review filings for redaction.