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Privacy Policy for Electronic Case Files

By Alisa Fetic


Electronic case filing is essential to the modern law firm. It allows lawyers to streamline their processes, quickly access records, and respond timely to their clients' needs. However, safeguarding digital documents from unauthorized access is critical to ensuring client confidentiality.


This post will explain the privacy policies that law firms should consider when submitting electronic case files, such as petitions, motions, and pleadings, to the court. It also highlights how attorneys can protect confidential information while optimizing legal processes.


What Does the Privacy Policy For Electronic Case Files Entail?


The Judicial Conference of the United States approved the current policy governing electronic case files in 2008. The two main portions of the policy that your law firm should be aware of include the following:


Documents for Which Public Access Should Not be Provided


According to the policy, there are case file documents that should not be accessible to the public, either through remote access or at the courthouse.


The documents include:


  • Juvenile records
  • Documents containing personally identifiable information about jurors, including potential ones
  • Reports about a presentence investigation or pretrial bail
  • Unexecuted warrants and summonses
  • Sealed documents such as victim statements or plea agreements
  • Financial affidavits


Redaction of Electronic Transcripts of Court Proceedings


The policy requires attorneys to redact personal identifiers from all their filings. The identifiers include financial account numbers, Social Security numbers, birth dates, names of minors, and home addresses in criminal cases.


The privacy policy dictates that courts can only make transcripts of electronic documents available to the public if they are prepared. Preparation means that the case attorney has reviewed the documents to ensure that all the personal data identifiers are redacted.


The policy also requires attorneys to file a redaction notice with the clerk within seven days after the transcriber or the reporter delivers the official transcript to the clerk’s office. The notice should contain the lawyer’s intent to have personal identifiers redacted from the transcript to be used in court proceedings. If the attorney doesn’t file such a notice, the court assumes that the transcript contains no identifiers that need redaction. 


How Can Law Firms Protect their Electronic Case Files?


Lawyers must take the appropriate steps to protect their electronic case files and ensure confidentiality as per the privacy policy. If you’re an attorney, one of your biggest responsibilities is to ensure you follow the proper procedures to redact sensitive information in legal documents. This includes removing words, images, and data points from electronic files.


Fortunately, in today’s digital age, you can use software solutions to automate redaction processes and ensure compliance with the applicable privacy policy. The software will save you time because you don’t have to manually review the documents to identify sensitive information.


The redaction software is also more effective in deeper searching for sensitive information. It will search for all files with personal identifiers, including virtual metadata, and delete them.


Use the Best Redaction Software to Protect Your Electronic Case Files


Your law firms must develop proper procedures for handling electronic files to comply with the applicable privacy policy. As an attorney, you should review documents for personal identifiers and redact them before submitting the documents in court proceedings.


Redaction software such as iDox.ai can ensure compliance with the privacy policy and protect the confidentiality of your electronic case files. The software’s smart redaction engines will detect and delete sensitive information from your electronic legal documents. Sign up to discover how the software can help protect your client’s data.

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