Miss. Elec. Ct. P. 9

As amended through March 21, 2024

Section 9 - Privacy

A. Obligation to Protect Sensitive and Private Information.

To achieve the goal of promoting electronic access to case files while still protecting personal privacy and addressing concerns created by Internet access to court documents, counsel shall refrain from including, or shall partially redact where inclusion is necessary and relevant to the case, the following personal data identifiers from all pleadings and other papers filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court or except where otherwise specifically required by rule or statute:

1.Social Security numbers. If an individual's social security number must be included in a pleading, only the last four digits of that number should be used.

2.Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.

3.Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used.

4.Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.

The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The clerk will not review pleadings for compliance with this procedure. Attorneys are also advised to exercise caution when filing documents that contain the following:

1) personal identifying number, such as driver's license number;

2) medical records, treatment and diagnosis;

3) employment history;

4) individual financial information; and,

5) proprietary or trade secret information.

Attorneys are strongly urged to share this notice with all clients so that an informed decision may be made about the inclusion of certain materials in court documents.

Counsel and the parties are cautioned that failure to redact personal identifiers and/or the inclusion of irrelevant personal information in a pleading or exhibit filed electronically with the court may subject counsel to the disciplinary and remedial powers of the court, including sanctions pursuant to M.R.C.P. 11.

B. Exemptions from the Redaction Requirement

The redaction requirement shall not apply to the following:

1. The record of an administrative or agency proceeding.

2. The record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed. See Section 5(D) for a listing of restricted access cases.

3. Documents filed under seal.

4. Documents filed as Restricted Access if the private information is necessary and relevant to the case. See Section 5(D) for a listing of restricted access cases.

C. Filing Documents with Sensitive and Private Information

A party wishing to file a document containing the personal data identifiers listed above may do so in the following manner:

1.File an unredacted version of the document under seal, or

2.File a reference list under seal. The reference list shall contain the complete personal data identifier(s) used in its (their) place in the filing.

All references to the redacted identifiers in the case included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal, and may be amended without leave of court.

The unredacted version of the document or the reference list shall be retained by the court as part of the record. The court may, however, still require the party to file a redacted copy for the public file.

D. Waiver of Protection of Personal Data Identifiers

A party waives his or her right to the protection of Section 9 by filing documents that include his or her own personal data identifiers without redaction.

Miss. Elec. Ct. P. 9

December 2008; rev. September 2009; rev. May 2012, eff. 7/1/2012; rev. June 2016, eff. 6/16/2016; rev. November 2016, eff. 12/1/2016