Local Rule LCvR 5.3: Redaction of Personal Data Identifiers
E.D. Okla. — Civil rule
LCvR 5.3 Redaction of Personal Data Identifiers.
In compliance with the policy of the Judicial Conference of the United States and the E-Government Act of 2002 (Pub. L. 107-347), 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 on paper, unless otherwise ordered by the court:
• Social Security Numbers (in civil and criminal cases). If an individual's Social Security number must be included in a pleading, only the last four digits of that number shall be used. The filer of the administrative record in a Social Security appeal is not required to redact the claimant's Social Security number from the record since the record is filed under seal.
• Names of Minor Children (in civil and criminal cases). If the involvement of a minor child must be mentioned, only the initials of that child shall be used.
• Dates of Birth (in civil and criminal cases). If an individual's date of birth must be included in a pleading, only the year shall be used.
• Financial Account Numbers (in civil and criminal cases). If financial account numbers are relevant, only the last four digits of these numbers shall be used.
• Home Addresses (in criminal cases only). If a home address must be included, only the city and state shall be used.
The responsibility for redacting these personal data identifiers rests solely with counsel and the parties. The clerk will not review each pleading for compliance with this general rule.
In addition, parties may refrain from including, or may partially redact where inclusion is necessary, the following confidential information: personal identifying numbers such as driver's license numbers; medical records; employment history; individual financial information; proprietary or trade secret information; information regarding an individual's cooperation with the government; information regarding the victim of any criminal activity; national security information; and sensitive security information as described in 49 U.S.C. § 114(s).
In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers or other confidential information listed above may:
File an unredacted version of the document under seal, which shall be retained by the court as part of the record; or 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. The 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 of the document for the public file.