Local Rule 9037-1: Redaction of Personally Identifiable Information

LOCAL RULE 9037-1 Redaction of Personally Identifiable Information

(a) Responsibilities.

1) The responsibility for redacting personally identifiable information (as defined in Fed. R. Bankr. P. 9037) rests solely with counsel, parties in interest and non-parties. The clerk, or claims agent if one has been appointed, will not review each document for compliance with this rule.

2) Motions to seal documents that contain trade secrets, confidential research, development of commercial information, and/or scandalous or defamatory matter, must comply with Local Rule 9018-1.

3) Nothing in this rule prevents a party adversely affected by the disclosure of personally identifiable information from seeking appropriate relief.

(b) Redacting Personally Identifiable Information in Claims or in Documents on the Court's Docket. Parties that wish to redact personally identifiable information must file a motion to redact that identifies the proposed document for redaction by docket number or, if applicable, by claim number. Within 30 days of an order granting the motion, the filing party must also submit a copy of the original document or claim with all personally identifiable information redacted.

(c) After the ninety (90) day restriction period has ended, the transcript (or redacted version if one has been filed) will be available for viewing and copying at the Clerk's Office public terminals and remotely available for viewing, downloading, and printing through the Judiciary's PACER system.

(d) Each party's attorney is required to review a transcript for information that should be redacted under the Judicial Conference's privacy policy and as more particularly described in Fed. R. Bankr. P. 9037. References to social security numbers, individual taxpayer identification numbers, and financial account numbers shall include only the last four digits of such numbers. Birth dates shall include the year of birth only. The names of individuals, other than debtors, known to be and identified as minors shall include the minor's initials only.

(e) With the exception of transcripts, redaction of the information described in Fed. R. Bankr. P. 9037(a) is the responsibility of the person filing the document. When a transcript is filed, the attorneys and unrepresented parties who entered an appearance at the hearing are solely responsible for redaction of the information described in Fed. R. Bankr. P. 9037(a). Court reporters are not responsible for identifying a need for redaction or for redacting transcripts absent a request by an attorney or an unrepresented party. The Court's responsibility is to follow Judicial Conference guidelines for providing public access to the transcript and for restricting access in accordance with the privacy policy. The Clerk is not required to review documents filed with the Court for compliance with Fed. R. Bankr. P. 9037.

(f) The date the transcript is filed is the starting date for all deadlines related to restriction and redaction of the transcript.

(g) Notice of the filing of a transcript (including notice of the deadlines related to restriction and redaction of the transcript) shall be provided by the Clerk to the attorneys and unrepresented parties who entered an appearance at the hearing.

(h) Within seven (7) days of a court reporter's filing of the transcript, an attorney or unrepresented party must file a Notice of Intent to Request Redaction that substantially complies with Form EDC 3-300 with the Clerk if he or she intends to request redaction of information from the transcript, and serve copies on the court reporter and the other attorneys and unrepresented parties who entered an appearance at the hearing. An attorney or unrepresented party is responsible for reviewing the opening and closing statements made on behalf of the party he or she represents, any statements made by the party, and the testimony of any witness called by the party. If no Notice of Intent to Request Redaction is filed during this seven (7) day period, the court will conclude that redaction of personal data is not necessary, and will make the transcript remotely electronically available to the public through PACER after the ninety (90) day restriction period.

(i) Once an attorney or unrepresented party has filed a Notice of Intent to Request Redaction, he or she has twenty-one (21) days from the date of filing of the transcript to review the transcript and file a Redaction Request and List of Items to be Redacted that substantially complies with Form EDC 3-301 with the Clerk and serve copies on the court reporter and the other attorneys and unrepresented parties who entered an appearance at the hearing that indicates the type of personal data identifier to be redacted, where it appears in the transcript by page and line, and how it is to be redacted. The Court may order this time extended, for good cause shown. If an attorney or unrepresented party files a Notice of Intent to Request Redaction but fails to timely file a Redaction Request and List of Items to be Redacted or a motion to extend time, no redactions will be made and the original transcript will be remotely publicly available after the ninety (90) day restriction period.

(j) The court reporter must redact the identifiers, as directed by the attorney or unrepresented party, and then refile the redacted transcript within thirty-one (31) days of the filing of the original transcript. Also during this time period, an attorney or unrepresented party may, by motion for a protective order, request that additional information be redacted. No remote electronic access to the transcript will be allowed (other than to attorneys who paid for the original transcript) until the Court has ruled on any such motion.

(k) If a redacted transcript is filed with the Clerk, the Clerk shall permanently restrict access to the original transcript and the redacted transcript will be remotely electronically available through PACER after ninety (90) days from the date of filing of the original transcript. If the original transcript is filed without redaction, the original transcript will be remotely electronically available through PACER after ninety (90) days.

(l) Charges for access through PACER apply during and after the ninety (90) day restriction period. Charges are not capped at thirty (30) pages. The user will incur PACER charges each time the transcript is accessed even though he or she may have purchased it from the court reporter and obtained remote access. A free copy of the transcript is not available via remote access.