Rule 13.2 - Privacy And Confidentiality(A)Court Records Publicly Available. Court records are presumed to be open for public access. Sup.R. 45(A). Except as provided below, all documents filed with the clerk of this court will be available for public viewing by direct access at the office of the clerk and, in some instances, remotely via electronic transmission and the internet.(B)Personal and Private Information.(1) "Personal and Private" Information Defined. The following information is deemed "personal and private" and shall not be included in any unsealed document filed with this court:(a) a social security number or other personal identifier, including but not limited to an employer identification number or a driver's license number; (b) a financial account number, including but not limited to bank account numbers and credit and debit card numbers; (c) a juvenile's name in any appeal, except for the juvenile's initials, or a generic term or abbreviation such as "child," however, this does not apply to juveniles who have been bound over to the court of common pleas and convicted of criminal charges. To the extent reference to another person is likely to reveal the identity of the juvenile, that person should also be identified by a generic term or initials; and(d) the name of the victim of a sexual offense, except for the victim's initials or a generic term or abbreviation such as "Victim 1" or "V1." To the extent reference to another person is likely to reveal the identity of the victim of a sexual offense, that person should also be identified by a generic term or initials.(e) any other information deemed personal and private by any federal or state constitution, statute, regulation, executive order, or court ruling (e.g., privacy rules under the Health Insurance Portability and Accountability Act ("HIPAA"), Internal Revenue Service ("IRS") income tax filings, etc.).(2)Parties' and Counsel's Responsibilities Regarding Personal and Private Information. Filing parties and their counsel are responsible for removing personal and private information from any document they file with the clerk of court's office, or redacting the information in accordance with the procedure described in subparagraph four below. This responsibility extends to and includes any exhibits or addenda attached to filings such as bank statements, tax returns, or medical records. The clerk of court is not responsible for the removal of any personal and private information contained in a document filed with the clerk.(3)Correction of Improperly Filed Personal and Private Information. If personal and private information is improperly included in a filing, either the party who filed the information or the person whose information is disclosed may move the court for leave to replace the filed document with an identical document with the personal and private information removed or redacted in accordance with the procedure outlined in subparagraph 4 below. The proposed replacement document shall be attached to the motion. If the court grants the motion, then the clerk will files-tamp the replacement document, replace the originally filed document with the replacement document, and remove the originally filed document from the electronic docket. The clerk will also include a notation of this action on the docket.(4)Redaction. In lieu of removing all personal and private information from a document to be filed with the court, a party may redact the document, replacing the personal and private information with references that correlate to specific personal and private information. The parties may, without leave of court, file under seal a Personal Identifier Form that consists of a correspondence table or key that will allow the court to identify the referenced personal and private information. The Personal Identifier Form shall be filed in a separate envelope and conspicuously marked as follows: "NOTICE : The enclosed personal and private information is non-public. It is for the use of the court, the attorneys of record listed in the case, and the clerk of court's office only. Any other person must have a court order to view the contents of this envelope."
(5)Journal Entries Containing Personal and Private Information. If a journal entry necessarily includes personal and private information, the court will submit the entry to the clerk in two separate formats. One copy will include the personal and private information and will be retained by the clerk under seal. The other copy will have the personal and private information removed or redacted, will include the notation "personal and private information redacted," and will be placed in the public file. Both copies will be signed by the court. If the court inadvertently files a journal entry that contains personal and private information, any party may move the court to redact the information from the copy of the journal entry that is placed in the public file. If the court grants this motion, the redacted journal entry will be filed as a nunc pro tunc entry. The original non-redacted entry will be retained by the clerk under seal. (C)Documents Filed Under Seal. The clerk of courts shall not allow public access, either by direct access or remotely, to any document that has been filed under seal except by order of court.(D)Restricted Public Access. Any party may move the court to restrict public access of a filed document to direct access only. While this motion is pending, the clerk will not make the document available electronically. The court will restrict public access to direct access only, if it finds by clear and convincing evidence that the presumption of allowing public access is outweighed by a greater interest after considering the following: (1) whether public policy is served by restricting public access; (2) whether any federal, state, or common law exempts the document or information from public access; (3) whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process. When restricting public access to direct access only, the court will use the least restrictive means available. See Sup.R. 45.
NOTE: any information available electronically must match the document available directly at the clerk's office. Sup.R. 45(C). Therefore, the clerk may not post a redacted document, but retain the non-redacted original for public viewing at the clerk's office.
(E)Requests for Restricted Public Access by a Nonparty. A non-party may move the court to restrict public access to information concerning that person in a court document at any time. Upon the movant's request, the court may order the clerk not to make the subject document available electronically during the pendency of the motion. In determining whether to grant the request, the court will apply the same standards it applies to a party's request pursuant to paragraph D above.Adopted eff. 12/2/2013; amended eff. 1/1/2015; 8/1/2016; 3/29/2017; 2/1/2019; amended eff. 12/28/2020.