Rule 13.2 - Privacy and Confidentiality(A) Court records publicly availableCourt records are presumed to be open for public access as set forth in Sup.R. 45(A). Except as provided below, all documents filed with the clerk of this Court will be available for public viewing.
(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 or referenced in oral argument: (a) Social security numbers, except for the last four digits;(b) Driver's license numbers;(c) Financial account numbers, including but not limited to bank account numbers and credit and debit card numbers;(d) Employer and employee identification numbers;(e) A juvenile's name in any appeal, except for the juvenile's initials or a generic abbreviation such as "CV" for "child victim"(i) This does not apply to juveniles who have been bound over to the Court of Common Pleas and convicted of criminal charges.(ii) 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.(f) 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"(g) The name of the victim of any criminal offense or delinquent act when redaction has been requested by or on behalf of the victim in this Court;(h) The defendant's or juvenile's name in an appeal from an order expunging or sealing a criminal conviction or finding of delinquency, except for the defendant's or juvenile's initials;(i) 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.);(j) To the extent a reference to another person is likely to reveal the identity of a person identified in subsections (e)-(g), that person should also be identified by a generic term or initials.(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 courts, or redacting the information in accordance with the procedure described in subsection (4). 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 courts is not responsible for the removal of any personal and private information contained in a document filed with the clerk of courts.(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 subsection (4). The proposed replacement document shall be attached to the motion. If the Court grants the motion, then the clerk of courts will file-stamp the replacement document, replace the originally filed document with the replacement document, and remove the originally filed document from the docket.(4)Personal identifier form. When personal identifiers are omitted from a case document filed with the Court, the party shall file a Personal Identifier Form, see Appendix of Forms. This form shall be filed under seal without leave of court. The Personal Identifier Form may be filed electronically or in person.(C) Motions to restrict public access by sealing(1) Any party may move the Court to restrict public access of a filed document. When such a request is made, the moving party must file the document in order for the Court to conduct an in-camera inspection of the request. While this motion is pending, the clerk will not make the document available. The Court will restrict public 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:(a) Whether public policy is served by restricting public access;(b) Whether any federal, state, or common law exempts the document or information from public access;(c) 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.(2) The Court may also sua sponte seal documents as set forth in Sup.R. 45.(3) When restricting public access, the Court will use the least restrictive means available as set forth in Sup.R. 45(E).(D) Requests for restricted public access by a non-partyA 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 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 subsection (C) above.
(E) Restricted public access by sealingExcept by order of court, the clerk of courts shall not allow public access to any document for which public access has been restricted.
Amended eff. 1/1/2022; amended eff. 2/1/2024.