L.A.R. Misc. 113.12: Public Access
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — L.A.R. Misc. 113 Electronic Filing
(a) Parties, counsel, or other persons filing any document, whether electronically or in paper, must refrain from including, or must partially redact where inclusion is necessary, the following personal data identifiers from all documents 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, 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.
(5) Home addresses. In criminal cases, if a home address must be included, only the city and state should be listed.
(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 un-redacted version of the document under seal, or
(2) File a reference list under seal. The reference list must 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.
(c) The un-redacted version of the document or the reference list must 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.
(d) The responsibility for redacting these personal identifiers rests solely with the party, counsel, or other person filing the document. The clerk will not review each pleading for compliance with this rule.
Notes
It is each filer’s responsibility to redact information from documents submitted by the filer. Documents containing prohibited personal identifiers must be redacted by the parties so as not to include un-redacted Social Security numbers, financial account numbers, names of minor children, or dates of birth. In criminal cases, home addresses also must be redacted. Information should be provided in shortened form, rather than completely omitted, with Social Security numbers represented as XXX-XX- 1234, financial account numbers reduced to the last four digits, names of minor children represented as initials, dates of birth represented by year, and home addresses listed only by city and state. Parties should consult the “Guidance for Implementation of the Judicial Conference Policy on Privacy and Public Access to Electronic Criminal Case Files.” This Guidance explains the policy permitting remote public access to electronic criminal case file documents and sets forth redaction and sealing requirements for documents that are filed. The Guidance also lists documents for which public access should not be provided. A copy of the Guidance is available at the court’s website. For further information on privacy issues, see the Judicial Conference policies on privacy and public access to documents filed in civil, criminal, and bankruptcy cases, as well as section 205(c) of the E- Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2914, as amended by Pub. L. No. 108-281, 118 Stat. 889 (2004).
Source: Model Local Rules Cross Reference: Judicial Conference Policy on Privacy and Public Access to Electronic Case Files