As noted above, a key tenet of these rules (as well as the precursor Conference policy) is that redaction of personal identifiers lies with the filing party. The Advisory Committee Note accompanying Federal Rule of Civil Procedure 5.2 states "[T]he clerk is not required to review documents filed with the court for compliance with this rule. The responsibility to redact filings rests with counsel and the party or non-party making the filing."
Pursuant to Federal Rule of Bankruptcy Procedure 9037(a), unless the court orders otherwise, documents filed with the court may include only :
- the last four digits of a Social Security number and taxpayer identification number;
- the year of an individual’s birth;
- a minor’s initials (for individual, other than the debtor, known to be and identified as a Minor); and
- the last four digits of a financial account number.
With the exception of transcripts, redaction of the information described in Fed. R. Bankr. P. Rule 9037(a) is the responsibility of the person filing the document. When a transcript is filed, the attorneys and pro se parties who attended the hearing are solely responsible for redaction of the information described in the Rule. Redaction is accomplished only with input from the attorneys and pro se parties who attended the hearing. Transcribers are not responsible for identifying a need for redaction or for redacting transcripts absent a request by an attorney or pro se party.
The clerk is not required to review documents filed with the court for compliance with this rule.
The responsibility to redact filings rests with counsel and the party or non-party making the filing.
* See Fed. R. App. P. 25(a), Fed. R. Bankr. P. 9037, Fed. R. Civ. P. 5.2, and Fed. R. Crim. P. 49.1.