While providing for the public filing of some information, such as the last four digits of an account number, the rule does not intend to establish a presumption that this information never could or should be protected. The Judicial Conference policy is that documents in case files generally should be made available electronically to the same extent they are available at the courthouse, provided that certain “personal data identifiers” are not included in the public file. The rule is derived from and implements the policy adopted by the Judicial Conference in September 2001 to address the privacy concerns resulting from public access to electronic case files. It is electronic availability, not the form of the initial filing, that raises the privacy and security concerns addressed in the E-Government Act. Most districts scan paper filings into the electronic case file, where they become available to the public in the same way as documents initially filed in electronic form. But the number of filings that remain in paper form is certain to diminish over time. of documents filed electronically.” The rule goes further than the E-Government Act in regulating paper filings even when they are not converted to electronic form. Section 205(c)(3) requires the Supreme Court to prescribe rules “to protect privacy and security concerns relating to electronic filing of documents and the public availability. The rule is adopted in compliance with section 205(c)(3) of the E-Government Act of 2002, Public Law 107–347. A person waives the protection of Rule 5.2(a) as to the person's own information by filing it without redaction and not under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. The list must be filed under seal and may be amended as of right. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The court must retain the unredacted copy as part of the record. A person making a redacted filing may also file an unredacted copy under seal. (f) Option for Additional Unredacted Filing Under Seal. (2) limit or prohibit a nonparty's remote electronic access to a document filed with the court. (1) require redaction of additional information or For good cause, the court may by order in a case: The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record. The court may order that a filing be made under seal without redaction. (B) an opinion, order, judgment, or other disposition of the court, but not any other part of the case file or the administrative record. (A) the docket maintained by the court and (2) any other person may have electronic access to the full record at the courthouse, but may have remote electronic access only to: (1) the parties and their attorneys may have remote electronic access to any part of the case file, including the administrative record Unless the court orders otherwise, in an action for benefits under the Social Security Act, and in an action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, access to an electronic file is authorized as follows: (c) Limitations on Remote Access to Electronic Files Social-Security Appeals and Immigration Cases. (6) a pro se filing in an action brought under 28 U.S.C. (5) a filing covered by Rule 5.2(c) or (d) and (4) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed (3) the official record of a state-court proceeding (2) the record of an administrative or agency proceeding (1) a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding The redaction requirement does not apply to the following: (b) Exemptions from the Redaction Requirement. (4) the last four digits of the financial-account number. (1) the last four digits of the social-security number and taxpayer-identification number Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:
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