Posted by: Lawyer Sanders | November 17, 2009

Kentucky attorney Sanders reminds attorneys of duty to redact private information from electronically filed documents in federal court.

Attorneys using the Judiciary’s Case Management/Electronic Case Files (CM/ECF) system will find they must acknowledge a reminder to redact private information from documents before they access the system. It is part of the Judiciary’s on-going effort to protect privacy in publicly accessible court records by reminding attorneys that it is their responsibility to comply with redaction rules.

 A message is displayed when an attorney logs in to CM/ECF. The attorney is required to check a box on the last line of the reminder to show they have read it. The message also provides links to the Federal Rules regarding redaction. In addition, another reminder message has been added to the screen where the attorney finalizes submission of the filed document. The message asks: “Have you redacted?”

 The messages for each type of court refer to the respective Federal Rules, but each contains the language, “IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact Social Security or taxpayer-identification numbers; dates of birth; names of minor children; financial account numbers.”

The messages for district and appellate courts also note that in criminal cases, home addresses also must be redacted.

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