USBCRI Local Rules 9004-1

RULE 9004-1 TREATMENT OF PERSONAL DATA IDENTIFIERS CONSISTENT WITH JUDICIAL CONFERENCE PRIVACY POLICY [Modified 6/1/06]

(a) Privacy Considerations. In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all pleadings 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 in a pleading, 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. On Schedule I of Official Bankruptcy Form 6, list relationship and age of the debtor’s dependents ( i.e., son, age 6).
(3) Dates of birth. If an individual’s date of birth must be included in a pleading, only the year should be used. On Schedule I of Official Bankruptcy Form 6, list the age of each of the debtor’s dependents.
(4) Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used. On Schedules D, E, and F of Official Bankruptcy Form 6, debtors, if they so choose, may include their full account numbers to assist the trustee and creditors.

(b) In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above may:

(1) file an unredacted version of the document under seal, or
(2) 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 personal data identifier. The reference list must be filed under seal, and may be amended as of right.
The unredacted version of the document or reference list 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.

(c) Responsibility for Redaction. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. Upon review, if the Clerk finds that personal identifiers are present, the document will be stricken and counsel or the appropriate party will be required to refile the document within ten (10) days. Failure to comply will result in the issuance of an Order To Show Cause why the case should not be dismissed.

(d) Compliance with Electronic Transcripts Policy. In compliance with the policy on Electronic Availability of Transcripts, access to every electronic transcript filed with the court will be restricted to court users and case participants to allow interested parties the opportunity to review the transcript and file a Notice of Redaction requesting that personal data identifiers be redacted prior to the transcript being made available to the public. It is the responsibility of the parties to monitor the docket for the filing of the transcript.

(1) Procedure for Filing a Notice of Redaction. Each party wishing to redact personal data identifiers contained in an electronic transcript must, within five (5) business days of the filing of the electronic transcript, file with the Clerk of Court a Notice of Redaction of personal data identifiers. Personal data identifiers include: social security numbers; financial account numbers; names of minor children; dates of birth; home addresses of individuals.
(2) Statement Required. Within twenty-one (21) days from the filing of the transcript the party who filed a Notice of Redaction must file a Statement indicating the location of the personal data identifiers, including the page and paragraph numbers of the transcript where the personal data identifiers are located.
(3) Court Order. Upon Court order, the court reporter shall partially redact those personal data identifiers from the transcript in accordance with LBR 9004-1(a). In addition to those personal identifiers listed in LBR 9004(a), and home addresses may be redacted to the city and state.
(4) Motion for Additional Redactions to the Transcript. During the twenty-one (21) day period, an attorney may file a Motion for Additional Redactions to the transcript. The transcript shall not be electronically disseminated until the court has ruled upon any such motion.
(5) Notice of Redaction Not Filed. Failure to file a Notice of Redaction within the prescribed time will result in the transcript being made electronically available to the public at the close of the fifth business day.

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