Rule 5.2. Privacy Protection For Filings Made with the Court
(a)
Redacted
Filings. Unless the court orders otherwise, in an
electronic or paper filing with the court that contains an individual's
social-security number, taxpayer-identification number, or birth date,
the name of an individual known to be a minor, or a financial-account
number, a party or nonparty making the filing may include only:
(1) the last four
digits of the social-security number and taxpayer-identification
number;
(2) the year of the individual's birth;
(3) the minor's initials; and
(4) the last four digits of the financial-account
number.
(b)
Exemptions
from the Redaction Requirement. The redaction
requirement does not apply to the following:
(1) a
financial-account number that identifies the property allegedly subject
to forfeiture in a forfeiture proceeding;
(2) the record of an administrative or agency
proceeding;
(3) the official record of a state-court proceeding;
(4) the record of a court or tribunal, if that record
was not subject to the redaction requirement when originally filed;
(5) a filing covered by Rule 5.2(c) or (d); and
(6) a pro se filing in an action brought under 28
U.S.C. §§ 2241, 2254, or 2255.
(c)
Limitations
on remote Access to Electronic Files; Social
Security Appeals and Immigration Cases. Unless the court orders
otherwise, in an action for benefits under the Social Security Act, and
in an action or proceeding relating to an order of removal, to relief
from removal, or to immigration benefits or detention, access to an
electronic file is authorized as follows:
(1) the parties and
their attorneys may have remote electronic access to any part of the
case file, including the administrative record;
(2) any other person may have electronic access to
the full record at the courthouse, but may have remote electronic
access only to:
(A) the docket
maintained by the court; and
(B) an opinion, order, judgment, or other disposition
of the court, but not any other part of the case file or the
administrative record.
(d)
Filings
Made Under Seal. The court may order that a filing be made under
seal without redaction. The court may later unseal the filing or order
the person who made the filing to file a redacted version for the
public record.
(e)
Protective
Orders. For good cause, the court may by order in a case:
(1) require
redaction of additional information; or
(2) limit or prohibit a nonparty's remote electronic
access to a document filed with the court.
(f)
Option
for Additional Unredacted Filing Under Seal. A person making a
redacted filing may also file an unredacted copy under seal. The court
must retain the unredacted copy as part of the record.
(g)
Option
for Filing a Reference List. A filing that contains redacted
information may be filed together with a reference list that identifies
each item of redacted information and specifies an appropriate
identifier that uniquely corresponds to each item listed. The list must
be filed under seal and may be amended as of right. Any reference in
the case to a listed identifier will be construed to refer to the
corresponding item of information.
(h)
Waiver
of Protection of Identifiers. A person waives the protection of
Rule 5.2(a) as to the person's own information by filing it without
redaction and not under seal.
The full text of the Federal Rules can be found at
http://www.uscourts.gov/rules/index.html.