RULE 9037-1 PRIVACY PROTECTION  [Modified 4/1/09]

 

(a) Privacy Considerations.  In compliance with the policy of the Judicial Conference of the United States, and Federal Rule of Bankruptcy Procedure 9037, 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, 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) Compliance with Federal Rule of Bankruptcy Procedure 9037.  In compliance with FRBP 9037, a party wishing to file a document containing personal data identifiers may:

 

(A) file an unredacted version of the document under seal, 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 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.

 

(2) Responsibility for redacting personal identifiers.  The responsibility for redacting the personal identifiers enumerated in FRBP 9037(a) rests solely with counsel and the parties.

 

(3) Sua Sponte Protective Orders.

 

(A) Where a document has been filed that includes unredacted information as prohibited by Fed. R. Bank. P. 9037(a) or any other document which the court finds contains information protected under 11 USC 107, then cause is established and a sua sponte protective order will issue requiring either:

 

(i) redaction of protected information; or

 

(ii) limit or prohibit a nonparty’s remote electronic access to the subject document

 

(B) All payment advices filed with the court are subject to a standing protective order limiting a nonparty’s remote electronic access to the documents.

 

(C) All documents filed with the court which contain medical information that is considered protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Pub. L. No. 104-191, 110 Stat.1936 are subject to a standing protective order limiting a nonparty’s remote electronic access to the documents.

 

(b) Compliance with Electronic Transcripts Policy. In compliance with the policy on Electronic Availability of Transcripts, included as Appendix I to these rules, access to every electronic transcript filed with the court will be available at the Clerk’s office for inspection only, for a period of ninety (90) days after it is delivered to the court 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. During the ninety (90) day period, a copy of the transcript may be obtained from the transcriber upon payment of the applicable fee.  Attorneys who obtain transcripts from the transcriptionist may obtain remote electronic access to the transcript through the court’s CM/ECF system for the purpose of creating hyperlinks to the transcript in court filing and for other purposes. After the ninety (90) day period has ended, the filed transcript will be available for inspection and copying in the Clerk’s Office and from CM/ECF through PACER.  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 from a transcript, those personal data identifiers described in Fed. R. Bankr. P. 9037(a), must, within seven (7) calendar days of the filing of the electronic transcript, file with the Clerk of Court, and serve the transcriber with, a Notice of Redaction of personal data identifiers.

 

(2) Statement Required. Within twenty-one (21) calendar days from the filing of the transcript the party who filed a Notice of Redaction must file with the Court, and serve the transcriber with, 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) 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.

  

(4) Once a transcript is redacted, access to the unredacted version of the transcript shall be permanently restricted to viewing at a public terminal in the Clerk’s Office.