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Idaho Rules of Civil Procedure Rule 2.6. Privacy Protection for Filings Made with the Court.


(a) Redacted Filings. Unless the court orders otherwise, when filing documents with the court the parties must not include, or must partially redact, where inclusion is necessary, the following personal data identifiers. This rule applies to exhibits only if they are filed with the court.

(b) Social Security Numbers. If an individual's social security number must be included in a pleading, only the last three digits of that number may be used.

(c) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child may be used.

(d) Dates of Birth. If an individual's date of birth must be included in a pleading, only the year may be used.

(e) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers may be used.

(f) Exceptions.

(1) The redaction requirement does not apply to the record of a court, tribunal, administrative or agency proceeding if that record was filed before the effective date of this rule.

(2) The redaction requirement does not apply to documents that are exempt from disclosure pursuant to Idaho Court Administrative Rule 32.

(3) The redaction requirement does not apply to documents that are required by statute or rule to include personal data identifiers.

 

(g) Options When Personal Data Identifiers are Necessary. A party filing a redacted document need not also file an unredacted version of the document; however, where inclusion of the unredacted personal data identifiers is necessary, a party may:

 

(1) File the redacted document 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 list must be clearly identified as a reference list filed pursuant to this rule and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. The reference list must be secured in the file and is exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the reference list with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.


(2) File the redacted document together with an unredacted copy of the document. The unredacted copy must be clearly identified as an unredacted copy filed pursuant to this rule and placed in an envelope marked “sealed” with a general description of the records, and the redacted copy placed in the court file. The unredacted copy is exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the unredacted copy with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.


(h) Orders and Judgments of the Court.


(1) If possible, the court must refrain from including in court orders and judgments the personal data identifiers set forth in subsections (b) through (e) of this rule. If personal data identifiers are included in the order or judgment, it must be placed in a manila envelope marked “sealed” and it is exempt from disclosure pursuant to Idaho Court Administrative Rule 32. Copies of the order or judgment must be served on the parties and must be available to the parties and other government agencies without court order for purposes of the business of those agencies. No redacted copy of any order or judgment must be prepared until there is a specific request for the document, in which case the document must be redacted in accordance with this Rule.


(2) Exceptions. The court may include personal data identifiers in orders or judgments that are exempt from disclosure pursuant to Idaho Court Administrative Rule 32, or that are required by statute to include personal data identifiers.


(i) Responsibility for Compliance. The parties and counsel are solely responsible for redacting personal data identifiers. The clerk will not review each document for compliance with the rule. Failure to comply with this rule is grounds for contempt.

 

(Adopted March 1, 2016, effective July 1, 2016.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan
Justice John R. Stegner



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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