FILED
UNITED STATES DISTRICT COURT OCT 292004
WESTERN DISTRICT OF TEXAS ClER1(, lJ .:>
WESTE~Sl'~~1 COURT
AMENDED By - .!c ~XAS
Privacy Policy and Public Access to Electronic Files DEPUTY CLERK
In compliance with the directives of the E-Govemment Act of 2002, the United States
District Court for the Western District of Texas will soon permit electronic public access to
documents filed in matters before the court.) The Judicial Conference ofthe United States adopted
a policy regarding privacy and public access to electronic files, which becomes effective November
1,2004, and is applicable to all parties doing business with this court as set out below.
I. In order to protect personal privacy and other legitimate interests, parties should either
exclude sensitive information in any documents filed with the court, or partially redact such
sensitive information where inclusion is necessary and relevant to the case. Parties should realize
that any personal information not otherwise protected will be made available electronically or at the
courthouse. The following personal data identifiers should be excluded from all pleadings filed with
the court, including any exhibits thereto, whether filed electronically or in paper, unless otherwise
ordered by the Court:2
a. 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.
b. Names of minor children. If the name of a minor child must be mentioned in a
pleading, only the initials of that child should be used.
c. Dates of birth. If an individual's date of birth must be included in a pleading, only
the year should be used.
d. Financial account numbers. If financial account numbers are required in any
pleading, only the last four digits of these numbers should be used.
e. Home Addresses (in criminal cases). If a home address must be included, only the
city and state should be listed.
) The Western District of Texas is scheduled to become an electronic filing court permitting
attorneys to file pleadings and documents electronically in 2005. Documents that are electronically filed
will be available to attorneys of record in a case and to registered users of the PACER service. Notice of
the court's implementation of the electronic filing program will follow. Social Security cases shall be
excluded from electronic public access except to judiciary employees, the United States Attorney or
his/her representative, and all litigants in said cases.
2 In order to further comply with the Judicial Conference Policy, in addition to items listed in
paragraphs a. through e., the clerk's office shall not, absent an order of the court, provide public access
(electronically or at the courthouse) to records determined by the Judicial Conference to be "Non-Public"
(e.g., unexecuted criminal summonses and warrants of any kind; documents containing identifying
information about jurors or potential jurors; juvenile records; financial affidavits; etc.), as well as sealed
documents.
II. As provided by the E-Government Act of 2002, if a party wishes to file a document
containing the full and complete personal data identifiers listed above, that party may,
a. file an un redacted version of the document under seal with the following heading
"SEALED DOCUMENT PURSUANT TO E-GOVERNMENT ACT OF 2002"; or
b. file a reference list under seal with the same heading as above. The reference list
shall contain the complete personal data identifier(s) and the redacted identifier(s)
used in its (their) place in the filing. All references in the case to the redacted
identifiers 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 as of right. The unredacted version ofthe document
or the reference list shall be retained by the court as part of the record.
The reference list is intended to serve as a type of "key." For example, if an
individual's full Social Security Number is 123-45-6789, the list would include the
complete number with the corresponding partially redacted number of XXX-XX-
6789, which would be used in future filings. This is beneficial to the court and the
clerk's office because it eliminates the filing of two versions of a document--one
unredacted (and automatically under seal) and one redacted. The listing can be filed
in civil and criminal cases.
Note, however, that in either instance, the court may require the party to also file a redacted
copy of the sealed document for the public file (which would be available electronically and at the
courthouse).
III. In addition, parties should exercise caution when filing documents that contain the following:
1. any personal identifying number, such as driver's license number;
2. medical records, treatment and diagnosis;
3. employment history;
4. individual financial information;
5. proprietary or trade secret information;
6. information regarding an individual's cooperation with the government;
7. information regarding the victim of any criminal activity;
8. national security information; and
9. sensitive security information as described in 49 U.S.c. Sec. 114(s).
Counsel is strongly urged to share this notice and privacy policy 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 ensure that all documents and pleadings
comply with the rules ofthis court requiring redaction of personal data identifiers. The Office ofthe
Clerk will not review filings for compliance with this rule.
SIGNED and ENTERED this2L"day of October, 2004.
FOR THE COURT
