Rule 2.110 - PROTECTED PERSONAL INFORMATION, NOT CONTACT INFORMATION, PROCEDURES TO SEGREGATE WHEN INFORMATION ALREADY EXISTS IN A CASE FILE(1) Purpose. This rule establishes: (a) Procedures for a person to identify and segregate protected personal information when that information already exists in a document in a court case file and to request the information be kept from inspection by the general public.(b) A process for a court, when it grants a request under this rule, to segregate and protect personal information from nonprotected information in the case file in a uniform way with an appropriate record.(2) Information Covered. This rule may be followed to segregate and protect the same information already existing in a case file that could be segregated and protected at the time of submission under UTCR 2.100 and UTCR 2.130. The definitions in UTCR 2.100 apply to this rule.(3) Relationship to Other Law. The following all apply to this rule:(a) This rule is not the exclusive means for a court to protect personal information in case files from public inspection.(b) Courts may use SLR to establish other procedures related to identifying and protecting information courts are allowed or required to keep confidential. But, SLR 2.111 is preserved for purposes of a court to:(i) Require use of forms or procedures under this rule to identify specific protected personal information so that a court can segregate the information and protect it from public inspection; and(ii) Establish requirements supplemental to this rule as necessary to help administer this rule.(c) Nothing in this rule affects or applies to procedures for identifying and protecting contact information: (i) Of crime victims that is submitted to courts for processing restitution payments when restitution is sought and the information about a crime victim is kept confidential under ORS 18.048(2)(b).(ii) That can be made confidential under ORS 25.020(8)(d), 109.767(5), 110.575, or 192.368.(4) Procedure to Follow. A person may only request protected personal information be segregated under this rule when the information is already in a document that has become part of a court case file. To do so, a person must do all the following: (a) Complete a request in substantially the form provided at www.courts.oregon.gov/forms. The request must:(i) Describe generally the protected personal information and set out the legal authority for protecting the information.(ii) Specifically identify the case file, document in the case file, and the page number of the page that is sought to be redacted.(iii) Include a declaration under penalty of perjury, in substantially the same form as specified in ORCP 1E.(iv) Be accompanied by a copy of that page sought to be redacted showing specifically the protected personal information to be redacted.(b) Complete an information sheet in substantially the form provided at www.courts.oregon.gov/forms to duplicate the protected personal information sought to be segregated. The information sheet must be submitted as a separate document, not as an attachment to the request prepared under UTCR 2.110(4)(a).(c) File the completed forms and attachments with the court.(d) Pay the required fee set by Chief Justice Order.(e) For purposes of UTCR 2.080, mail or deliver to parties a copy of the request only and not the information sheet or any attachments to the information sheet.(5) Court Response. When a completed request is filed under this rule and granted by the court, the court will do the following:(a) Segregate and protect the specifically identified protected personal information from the specific location in the specific document that is the object of the request unless there is a question about the court's legal authority to keep the specific information from public inspection. The requestor need not obtain the signature of a judge. As official custodian of the case file under the OPRL, the trial court administrator will resolve any question about whether, or the extent to which, information may be kept from disclosure under this rule unless statute or court order expressly provides otherwise. A request under this rule to keep information confidential, segregated, or exempt from public inspection is not subject to challenge and hearing except as specifically provided by law.(b) Separate and maintain the information sheet and any attachments as not subject to public inspection. Once the information sheet is separated, place the request in the case file.(c) Replace any page from which the specific information is removed with a redacted copy of the page and keep the original, unmodified page with the information sheet and its attachments. Any substitute page from which the specific information is removed will include a notation of the date and responsible individual and that the redacting was done under this rule. Courts will separate information and redact documents under this rule according to the State Court Administrator's direction, or as otherwise specifically provided by law.(d) Send a notice confirming completion of work, that work cannot be completed for some reason, or that a request is denied only if the person includes a selfaddressed, postage prepaid postcard that the court can use for that task. The postcard must also include the following text to be filled in as indicated for the court to mail: "Dear_____________ (person requesting print your name here), Your request of _______________(insert date of request) to segregate specific personal information from information the general public can inspect in the case file for case number______________ (insert case number) in the Circuit Court for_______________ (insert county) County ( court will check and complete the appropriate following response):
[] Was completed on_____________________ ( insert date).__________ (initials of appropriate court employee)
[] Could not be completed because (explain and provide contact information for further action ):_____________________________________
___________________________________________________________
___________________________________________________________.
[] Was denied because (explain and provide contact information for further action):
___________________________________________________________
___________________________________________________________
___________________________________________________________.
(6) Time Limits, Court Authority to Refuse Request Based on Resources. This rule sets no time limit for courts to segregate information from existing court records when requested under this rule. Courts have a reasonable time given their ordinary workload and resources available. And, notwithstanding other parts of this rule, a court is not required to segregate information from existing court records based on a request under this rule if the workload created would adversely affect the resources available for a court to perform its ordinary duties.(7) Parts of UTCR 2.100 and UTCR 2.130 that apply to this rule. The following subsections of UTCR 2.100 are applicable to this rule: (2), (5), (7), (8), and (9). The following subsections of UTCR 2.130 are applicable to this rule: (1) , (6), (9), and (10). Or. Uni. Trial. Ct. R. 2.110