(d) Limitations on Remote Access to Electronic Files. The responsibility for ensuring that information is redacted or sealed rests with counsel and the parties. The clerks of court and their staff will not review filings for redaction or to determine if materials should be sealed pursuant to Rule 41.1, SCRCP. Parties should only file a reference list if the redacted information is relevant to an issue in the case or necessary to understand the filing. Paragraph (b) provides for the same procedure as provided in Rule 5.2(g) of the Federal Rules of Civil Procedure and permits parties to file a reference list to accompany a redacted filing. No order of the court is required to file a reference list. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. The confidential reference list shall not be made available on the Case Management System Public Index and may only be viewed by the parties and the court and staff. The list must be filed as a confidential document, which is not available to the public, and may be amended as of right. Where personal data identifiers are relevant to an issue in the case, a filing that contains redacted information may be filed together with a confidential reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. Furthermore, parties should exercise caution in including other sensitive personal data in filings, such as medical records, employment history, individual financial information, proprietary or trade secret information, information regarding an individual's cooperation with the government, information regarding the victim of any criminal activity, or national security information. Parties should exercise caution and refrain from including any unnecessary personal identifying information in court filings so as to limit the necessity of redacting documents. Parties preparing or filing documents are prohibited from filing documents which contain personal identifying information delineated in S.C. This rule details the type of personal information that parties are required to redact in court filings. If a date of birth must be included, only the year of birth should be included.Įasy access to electronic court records raises privacy concerns. If a home address of a minor, sexual assault victim, or non-party must be included, only the city and state should be used. (4) Home Addresses of Minors, Sexual Assault and Abuse and Neglect Victims, and Non-Parties. If financial account numbers are relevant, only the last four digits of these numbers should be used. (3) Financial Account Numbers, Including Any Type of Bank Account Numbers, Personal Identification Number (PIN) Code, or Passwords. In all other cases, the minor's first name and first initial of the last name (i.e., John S.), or only the minor's initials (i.e., J.S.) should be used.
If a minor is the victim of a sexual assault or the victim in an abuse or neglect case, the minor's name must be completely redacted and a term such as "victim" or "child" should be used.
Parties shall not include any portion of a social security number in a filing. If it is necessary to include personal identifying numbers in a document, the parties should utilize some other identifier.
REDACTED FILES LICENSE
(1) Social Security Numbers, Taxpayer Identification Numbers, Driver's License Numbers, Passport Numbers or Any Other Personal Identifying Numbers. A person filing a document in paper or electronic format shall not include, or will redact where inclusion is necessary, the following personal identifying information.
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