District Local Rule Civ 5.5 (Civil)
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PROTECTION OF PERSONAL PRIVACY

(a)  In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, 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 in paper, unless otherwise ordered by the Court:

(1)  Social Security numbers. If an individual’s social security number must be included in a pleading, only the last four digits of that number should be used.

(2)  Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.

(3)  Dates of birth. If an individual’s date of birth must be included in a pleading, only the year should be used.

(4)  Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.

(5)  Home addresses. Only the city and state shall be identified.

(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 file an unredacted document under seal only if the party believes maintenance of the unredacted material in the Court record is critical to the case. The document must contain the following heading in the document, “SEALED DOCUMENT PURSUANT TO E-GOVERNMENT ACT OF 2002". This document shall be retained by the Court as part of the record until further order of the Court. The party must also electronically file a redacted copy of this document for the official record.

(c)  The redaction requirement in section (a) shall not apply to in rem forfeiture actions or to the lodging of the state court record in habeas corpus cases brought under 28 U.S.C. § 2241 or § 2254, to the extent that the state court record is lodged with the Court in paper format.

(d)  In order to comply with the Judicial Conference Policy, in addition to the items listed in section (a) above, the Court shall not provide public access to the following documents: unexecuted warrants of any kind; pretrial bail or presentence investigation reports; statement of reasons in the judgment of conviction; juvenile records, documents containing identifying information about jurors or potential jurors; financial affidavits filed in seeking representation pursuant to the Criminal Justice Act; ex parte requests for expert or investigative services at Court expense; and sealed documents.

(e)  In addition to the redaction procedures outlined above, the Judicial Conference policy requires Counsel to redact the personal identifiers noted in (a), which are contained in any transcripts filed with the Court. Counsel should follow the transcript redaction procedures outlined on the Court’s website at: id.uscourts.gov/CourtReporter/Transcripts.pdf

(f)  You are advised to exercise caution when filing documents that contain the following:

(1)  Personal identification number, such as driver’s license number;

(2)  Medical records, treatment and diagnosis;

(3)  Employment history;

(4)  Individual financial information;

(5)  Proprietary or trade secret information;

(6)  Information regarding an individual’s cooperation with the government;

(7)  Information regarding the victim of any criminal activity;

(8)  National security information; and

(9)  Sensitive security information as described in 49 U.S.C. section 114(s).

(g)  Counsel is strongly urged to share this information with all clients so that an informed decision about the inclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to be sure that the redaction of personal identifiers is done. The clerk will not review each pleading for redaction.


RELATED AUTHORITY

Dist. Idaho General Order No. 179
Dist. Idaho Loc. Civ. R. 5.3