Sensitive Data Redaction Justices of the Peace and Constables Association What’s on the Horizon? ----- Meeting Notes (7/18/13 08:51) -----

Civil E-Filing Adopted Mid 2016 E-Filing Mandated in Civil Actions filed by Attorneys in County, District, Probate and Appellate Courts. Permissible in Justice Courts. Criminal E-Filing Scheduled over 2 years.

How E-Filing Works

E-Filing Rules Amended Rules Tex.R.Civ.P. 4, 21, 21a, 45, 57, 502 Tex.R.App.P 6, 9, 37 New Rules Tex.R.Civ.P. 21c Tex. R. App. P. 9.9, 9.10 and appendices Amendments, New Rules, Appendix amenents governing applications for writ of habeas corpus also – orders recently about technology standards

Rule 502.1 Pleadings and Motions Must Be Written, Signed, and Filed. . . . . A document may be filed with the court by personal or commercial delivery, by mail , or electronically, if the court allows electronic filing. Electronic filing is governed by Rule 21.

Rule 21 (3) Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Courts Administration. (8)(D)otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.

Rule TRCP 502 and Rule 21c, TRCP Rule 502.1: “A document may be filed with the court by …. or electronically”. “Electronic filing is governed by Rule 21.” Rule 21: Must comply with technology standards of JCIT – which includes correction based on the inclusion of sensitive data. Rule 21c: “Unless the inclusion of sensitive data is specifically required . . . an electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted”.

Pro-Se may e-file but not required to e-file Documents E-Filed All non-juvenile documents in civil cases (except exclusions).Tex.R.Civ.P. 9.2(f)(4) Must Not Be E-Filed: Documents presented in camera Documents filed under seal, subject to motion to seal, or to which access otherwise restricted by law or court order Permissive E-File: Wills Pro-Se may e-file but not required to e-file

Sensitive Data Rule 21c What is Sensitive Data: drivers license number, passport number, social security number, tax identification number, and birth date, home address, and the name of any person who was a minor when the underlying suit was filed. Bank account number, credit card no. , financial Tex. R. Civ. P. 21c(a)(b)(c)

Documents with Sensitive Data MUST NOT FILE Documents containing sensitive data unless: Required by statute, court rule or administrative regulation to be included in the filing. Wills and documents filed under seal with sensitive data may be filed with court. TRCP21c(b)

How to Get Rid of Sensitive Data Sensitive Data must be redacted by using “x” in place of digit or character – or - Some other redaction means that indicates the material has been redacted Must retain original throughout proceedings and appeal ONCE REDACTED DOCUMENT NO LONGER CONTAINS SENSITIVE DATA -- Do not designate document as containing sensitive data

Issues Debt Claim Cases Rule 508.2: Petition The account name or credit card name The account number (which may be masked) Bank account numbers may be needed for loan cases Other financial account numbers Masking account numbers/sensitive data

Designating Sensitive Data When sensitive data required in filing: Filer must notify clerk by designating the document as containing sensitive data. If document not electronically filed, include on the upper left-hand side of first page notation: “Notice: This Document Contains Sensitive Data.” Documents that contain sensitive data in violation of the rule must not be posted on the internet by the clerk. Do NOT designate a redacted document as containing sensitive information For statutory reasons may have social security or drivers license number -

Clerk Rejection Issue Clerk may not refuse to file a document that contains sensitive information in violation of rule. Clerk may identify the error and state the deadline for resubmission of a redacted, substitute document. Clerk must accept document unless sealed, in camera, or filer vexatious litigant Insufficient fees, insufficient funds, wrong address, sensitive data included, incorrect formatting etc.

Public Access to Court Records

Unanswered Questions Can documents that are required to contain Sensitive Data be posted on the internet? What does the “internet “ mean? Are documents containing sensitive information sealed from public view? As court record access is expanded, how will sensitive data be handled? What about paper documents in Justice Courts?

Attorneys Want Public Access Where are we on public access – JCIT – has committee drafting recommendations to supreme court on how to implement access across the state – the survey that over 4,000 lawyers answered said that yes they want and would use it. There would be a public access portal that would require registration. But we need to partner with our 450 something clerks to implement

Clerks Interest in Access Clerks – not so much – they were asked if public system – no cost – would provide storage so could have state wide search – So Need your help – with clerks – many clerks have charged $1 a page for copies and are facing diminished revenue. Working with clerks, judges and attorneys to come up with a system we can all work with. Hope to have a test model in the fall with one of the bigger counties.

Game Change