Local Rule 1.3 (Criminal): Personal Privacy Protection
N.D.N.Y. — Criminal rule
1.3 Personal Privacy Protection Parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all filings with the Court, including exhibits thereto, whether filed electronically or in paper form, unless the Court orders otherwise.
(a) Personal Identifiers 1. Social security numbers. If an individual's social security number must be included in a document, use only the last four digits of that number.
2. Names of minor children. If the involvement of a minor child must be mentioned, use only the initials of that child.
3. Dates of birth. If an individual's date of birth must be included in a document, use only the year.
4. Financial account numbers. If financial account numbers are relevant, use only the last four digits of those numbers.
5. Home Addresses. If a home address must be used, use only the City and State.
In addition, caution shall be exercised when filing documents that contain the following:
1. personal identifying number, such as a driver's license number; 2. medical records, treatment and diagnosis; 3. employment history; 4. individual financial information; and 5. proprietary or trade secret information.
(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 in compliance with Local Rule 13.1, or 2. file a reference list under seal in compliance with Local Rule 13.1. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. The Court will construe 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 party must file the reference list under seal and may amend as of right.
The Court strongly urges counsel to discuss this issue with all their clients so that they can make an informed decision about the inclusion of certain information. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk will not review each filing for compliance with this Rule. The Court cautions counsel and the parties that failure to redact these personal identifiers may subject them to the Court's full disciplinary power.
Exception: Transcripts of the administrative record in social security proceedings and state-court records relating to a habeas corpus petitions are exempt from this requirement.