The following proposed civil rule change is on the docket for the KBA June Seminar:
CR 10.01 Caption; names parties - personal data identifiers
The proposed amendment to CR 10.01:
(2) Excepting matters which are otherwise deemed confidential by rule or statute, no pleading, document or exhibit filed with the court in a civil case shall contain personal data identifiers or sensitive information which could be used in the theft of identity. If the sensitive information must be included, the following personal identifiers shall be partially redacted from the document by the attorney or party preparing, unless otherwise indicated by leave of court:
(a) Social Security Numbers. If an individual's social security number must be included in a document, only the last four digits of that number shall be used.
(b) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child shall be used.
(c) Dates of Birth. If an individual's date of birth must be included in a document, only the year shall be used.
(d) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers shall be used.
(3) A party filing any civil document, pleading or exhibit containing any of the personal identifiers specified above shall file the unredacted copy under seal. This sealed copy shall be retained by the court as part of the record. When an unredacted copy is filed under seal the party shall also file a redacted copy for the public record. Any personal information not otherwise protected may be made available to the public.
(4) It is the sole responsibility of the counsel and the parties to ensure that all pleadings and other papers comply with the rules of this court requiring redaction of personal data identifiers. The clerk will not review each document for redaction.
(5) Counsel or parties failing to comply will be subject to the sanction powers of the court, including having relevant documents stricken from the record in their entirety.
COMMENT: This goes far beyond the new legislation which goes into effect later this year, HB 424, and is a welcome proposal. Many divorce litigants would be shocked to learn how much of their private information is public record.
As usual, the Kentucky Law Blog was the first in Kentucky to report on this issue back in January.
It seems classic overkill to eliminate the use of the names of children from every pleading (Petitions for Dissolution of Marriage, Motions, Custody Evaluations, Affidavits) to prevent identity theft. Have there been verified instances where individuals have used names of children to steal identities? I tend to believe that the use of initials for children depersonalizes the proceedings and the fact that Family Court is dealing with the lives of real children.
Posted by: John H. Helmers, Jr. | May 25, 2006 at 03:46 PM