Local Rule LR Gen P 5.08: E-Government Act

LR Gen P 5.08. E-Government Act.

(a) Documents: In compliance with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, consistent with Fed. R. Crim. P. 49.1, and 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 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 in a filing, 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 child's initials.

(3) Dates of Birth: If an individual's date of birth must be included in a filing, use only the year.

(4) Financial Account Numbers: If financial account numbers are relevant, use only the last four digits of these numbers.

(5) Home Address in Criminal Cases: If a home address must be included in a document to be filed, include only the city and state.

(b) Redaction Policy: In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above must:

(1) File a redacted, unsealed version of the document along with 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 must refer to the corresponding complete personal data identifier. The reference list must be filed under seal and may be amended as a right; or

(2) With approval of the Court, file an unredacted version of the document under seal. The Court may, however, still require the party to file a redacted copy for the public file. The unredacted version of the document or the reference list shall remain sealed and retained by the Court as part of the record.

The responsibility for redacting personal identifiers rests solely with the parties and their counsel. The Clerk of Court will not review each filing for compliance with this Local Rule.

(c) Transcripts of Hearings: If information listed in section (a) of this Rule is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless, and until, it is redacted. The better practice is to avoid introducing this information into the record in the first place. If a restricted item is mentioned in court, any party or attorney may ask to have it stricken from the record or partially redacted to conform to the privacy policy, or the Court may do so on its own motion.

(d) Violations of Rule: Upon learning that documents have been filed that do not comply with this Local Rule, a judicial officer may, sua sponte, seal or restrict all or part of the case file.