Rule 364 - Privacy Protection for Documents Filed in Courts of Review(a)Applicability.(1) Any document, including exhibits, containing personal identifiers shall not be filed with a court of review except as provided in paragraph (c). (2) This rule does not apply to documents in cases filed confidentially or to any document filed under seal. (b) Personal identifiers, for purposes of this rule, are defined as follows: (1) Social Security and individual taxpayer-identification numbers;(2) driver's license and state identification card numbers;(3) financial account numbers;(4) debit and credit card numbers; and(5) for a juvenile or recipient of mental health services involved in a proceeding referenced in Rule 341(f), the name of the individual.(c) The filing of a document containing personal identifiers is permissible if redacted to only include: (1) the last four digits of the Social Security or individual taxpayer-identification number;(2)the last four digits of the driver's license or state identification card number; (3) the last four digits of the financial account number;(4) the last four digits of the debit and credit card number; and(5) in appeals filed from proceedings referenced in Rule 341(f), rather than redaction, the respective juvenile or recipient of mental health services shall be identified by first name and last initial, except that initials only shall be used when, due to an unusual first name or spelling, using the first name and last initial would create a substantial risk of revealing the individual's identity.(d) When the filing of personal identifiers is required by law, ordered by the court, or otherwise necessary to effect disposition of a matter, the party filing the document shall file a "Notice of Confidential Information Within Court Filing," prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article III Forms Appendix. Proof of service, as provided by Rule 12, shall be filed with the notice. The notice shall contain the personal identifiers in issue, and shall be filed under seal by the clerk immediately upon filing. Thereafter, the notice and any attachments thereto shall remain under seal and not available for public access, except as the court or a justice thereof may order. After the notice containing the personal identifier has been filed under seal, subsequent documents filed in the case shall include only redacted personal identifiers and, if necessary, appropriate reference to the sealed document containing the personal identifier.
If any of the personal identifiers in the sealed filing subsequently requires amendment or updating, the responsible party shall file the amended or additional information by filing an amended "Notice of Confidential Information Within Court Filing."
(e) The clerk of the reviewing court is not required to review documents or exhibits for compliance with this rule.(f) If a document or exhibit is filed containing personal identifiers, a party or any other person whose information has been included may file a motion pursuant to Rule 361 requesting that the court order redaction or the proper designation pursuant to this rule. The motion shall be filed under seal, and the clerk of the reviewing court shall remove the document or exhibit containing the personal identifier from public access pending the court's ruling on the motion. A motion requesting redaction or the proper designation pursuant to this rule shall have attached a copy of the redacted version of the document. If the court or a judge thereof allows the motion, the clerk shall retain the unredacted copy under seal and the redacted copy shall become available for public access.Adopted Dec. 3, 2015, eff. 7/1/2016; amended April 3, 2017, effective nunc pro tunc to 7/1/2016. Former Rule 364 was repealed December 17, 1993, effective 2/1/1994; amended June 22, 2017, eff. 7/1/2017.