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[John Greacen]

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Subject: Re: [legalxml-courtfiling] Information to be tagged for redaction




From: "John M. Greacen" <john@greacen.net>
To: ben.wilson@xcera.net
Date: Wed, 17 Jul 2002 15:58:12 -0600






Ben -- Good comment.  I think the federal courts see their approach as a
short term solution.  It really doesn't do anyone any good to have only the
last four numbers of an account number if you are trying to figure out what
sort of claim to file in a bankruptcy.  Using tagged documents, you get to
have your cake and eat it, too.  For those who need the full information
(and are entitled to see it) it will be there.  For others, nothing will be
there - no numbers, no initials.  I know that is how the state court folk
are approaching it.

"Benjamin T. Wilson" wrote:

> FYI and for what it's worth -
> I did  a little googling, and New Mexico's federal court
> (http://www.nmcourt.fed.us/bkdocs/lackpriv.pdf), consistent with the
> Report of the Judicial Conference of the United States
> (http://www.privacy.uscourts.gov/Policy.htm) (that certain "personal
> data identifiers" - Social Security numbers, dates of birth, financial
> account numbers and names of minor children- be modified or partially
> redacted by litigants), says the following regarding redaction:
> Redacting means the careful editing of a document to remove confidential
> material; on paper, the material is usually "blacked out" with a marker.
> Personal identifiers:
> a. 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.
> b. Names of minor children. If the involvement of a minor child must be
> mentioned, only the initials of that child should be used.
> c. Dates of birth. If an individual�s date of birth must be included in
> a pleading, only the year should be used.
> d. Financial account numbers. If financial account numbers are relevant,
> only the last four digits of these numbers should
> be used.
>
> However, as the web site for the Bankruptcy Court for the Eastern
> District of California
> (http://www.caeb.uscourts.gov/data/pubnotices/not_re_privacy_elec_Avail.
> pdf) notes, until bankruptcy law/rules are amended, the full social
> security number / employer identification number is required in the
> title of the case (caption).
>
> I take this to mean that it is the responsibility of the attorney and
> litigants (and not the technology/XML) to redact personal data
> identifiers.
>
>