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Last Update: 01/19/2005

 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

NOTICE REGARDING CRIMINAL CASE FILE DOCUMENTS

In accordance with the Judicial Conference Policy on Privacy and Public Access to Electronic Criminal Case Files, sensitive information shall not be included in any
document filed with the court. The following personal data identifiers must be partially
redacted from the document whether it is filed traditionally or electronically: Social
Security numbers to the last four digits; financial account numbers to the last four digits;
names of minor children to the initials; dates of birth to the year; and home addresses to
the city and state.  
  
In compliance with the E-Government Act of 2002, a party wishing to file a document
containing the personal data identifiers specified above may file an unredacted document
under seal. This document shall be retained by the court as part of the record. The court
may, however, also require the party to file a redacted copy for the public file.
  
Once electronic filing is fully implemented, filings will be remotely, electronically
available and may contain information implicating not only privacy but also personal
security concerns. A party must exercise caution when filing a document that contains any
of the following information, and consider accompanying any such filing with a motion to
seal. Until the court has ruled on any motion to seal, no document that is the subject of a
motion to seal, nor the motion itself or any response thereto, will be available
electronically or in paper form. 
  

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 any personal identifying number, such as driver's license number;
medical records, treatment and diagnosis;
employment history;
individual financial information;
proprietary or trade secret information; 
information regarding an individual's cooperation with the government;
information regarding the victim of any criminal activity;
national security information; and
sensitive security information as described in 49 U.S.C. § 114(s).
  
Counsel is strongly urged to share this notice with all clients so that an informed decision
about the inclusion of certain materials may be made. If a redacted document is filed, it is
the sole responsibility of counsel and the parties to be sure that all documents and
pleadings comply with the rules of this court requiring redaction of personal data
identifiers. The clerk will not review filings for redaction. 

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