Rule 5.2 Redaction
The privacy rule for federal filings. Social Security numbers, birth dates, minors' names, and financial account numbers must be shortened or replaced in anything you file.
What It Is
Federal Rule of Civil Procedure 5.2 limits what personal identifiers may appear in a filed document. Everything filed in federal court is public through PACER. The rule protects parties, witnesses, and third parties from having their identifiers exposed.
The Four Identifiers
Unless the court orders otherwise, a filing may include only:
- the last four digits of a Social Security number or taxpayer identification number
- the year of an individual’s birth
- a minor’s initials
- the last four digits of a financial account number
Fed. R. Civ. P. 5.2(a). This applies to every person named in the filing, not just the parties. It applies to the caption, the body, and every exhibit and attachment.
Common Places It Bites in a Section 1983 Case
- Arrest reports and booking sheets often contain full dates of birth and sometimes Social Security numbers. Redact them before attaching.
- Medical records contain dates of birth and account numbers. Redact.
- Minor children who witnessed the incident or were present must be identified by initials.
- Your own information. The rule protects you too. Do not put your full Social Security number or date of birth in the complaint.
Exceptions and Routes Around the Rule
If a full identifier is necessary, Rule 5.2 offers three routes. You may file the unredacted document under seal with a redacted copy for the public record. Fed. R. Civ. P. 5.2(d), (f). You may ask the court for an order permitting the full identifier. Fed. R. Civ. P. 5.2(e). Or a person may waive protection of their own information by filing it without redaction. Fed. R. Civ. P. 5.2(h). Waiver is easy to do by accident. Once you file your own identifier unredacted, the protection is gone.
Certain records are exempt from the rule, including the record of a state-court proceeding and filings in a Social Security appeal. Fed. R. Civ. P. 5.2(b).
How to Comply
- Before filing anything, search the document and every exhibit for numbers that look like Social Security numbers, birth dates, and account numbers, and for the names of minors.
- Black out or replace each one. Leave the last four digits of account and Social Security numbers and the birth year.
- If you must file a full identifier, use a sealed filing or a motion, and say so in the filing.
- Keep the unredacted originals in your own files. The court may ask for them.
Key Authority
- Fed. R. Civ. P. 5.2 — privacy protection for filings made with the court