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There may be similar requirements in state courts. The federal rule says you may file a reference list identifying redacted information along with redacted materials.
#CALIFORNIA LAW REGARDING REDACTED EMAIL REGISTRATION#
The court also might require or allow redaction of other identifying or sensitive information, like alien registration or driver’s license numbers.
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Information that must be redacted includes: Rule 5.2 of the Federal Rules of Civil Procedure dictates privacy protections for public filings in federal courts. The first is necessary, and the second is discretionary.įederal and state rules of procedure require redacting certain information for privacy. When Do You Need a Redaction Log?Īt least two circumstances give rise to redaction logs. It might include the document name or number, the page/paragraph location, the type of information redacted, and a brief reason for the redaction. What Is a Redaction Log?Ī redaction log is a record that tracks blacked out or abbreviated information in relevant materials turned over during discovery. When you redact information, either by choice or obligation, a redaction log provides a clear record and explanation for your choices, which might be necessary for court. No one can leak information they don’t have. Redaction offers you security beyond a protection order. But now, it’s common for discoverable materials to contain all kinds of personal identifying information (PII) you want to keep private either to protect your company or consumers. No one wants Social Security Numbers flying around for all to see. There have always been rules on when redactions are necessary. Given the massive amounts of data involved in discovery, it is imperative to protect sensitive information from unnecessary disclosure. Rule 1.201 adopted effective January 1, 2017.Today, redactions are more important than ever. The requirements of this rule do not apply to documents or records that by court order or operation of law are filed in their entirety either confidentially or under seal. A party may amend its reference list as of right. All references in the case to the redacted identifiers included in the confidential reference list will be understood to refer to the corresponding complete identifier. The confidential list must identify each item of redacted information and specify an appropriate reference that uniquely corresponds to each item of redacted information listed.
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A party filing a confidential reference list must use Confidential Reference List of Identifiers (form MC-120) for that purpose. If the court orders on a showing of good cause, a party filing a document containing identifiers listed in (a) may file, along with the redacted document that will be placed in the public file, a reference list. The court clerk will not review each pleading or other paper for compliance with this provision.
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The responsibility for excluding or redacting identifiers identified in (a) from all documents filed with the court rests solely with the parties and their attorneys. If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used. If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used. To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court: