Use of Personally Identifiable Data in Court Documentation; Redaction

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Civil Proceedings
  6. Use of Personally Identifiable Data in Court Documentation; Redaction

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  1. Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include only:
    1. The last four digits of a social security number;
    2. The last four digits of a taxpayer identification number;
    3. The last four digits of a financial account number; and
    4. The year of an individual's birth.
  2. A summons of garnishment that is filed with the court shall only include the last four digits of the defendant's social security number, taxpayer identification number, or financial account number; provided, however, that the plaintiff shall provide the defendant's full social security number, taxpayer identification number, or financial account number, if reasonably available to the plaintiff, on the copies of the summons of garnishment served on the garnishee and defendant.
  3. Subsection (a) of this Code section shall not apply to the following:
    1. The official record of an administrative or agency proceeding;
    2. The official record of a court or tribunal in another case or proceeding; and
    3. A filing made under seal as provided in subsection (d) of this Code section.
  4. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the filer to file a redacted version for the public record. A filer may petition the court to file an unredacted filing under seal. The court shall retain all filings made under seal as part of the record.
  5. An inadvertent failure to redact information which is required to be redacted shall be a curable defect and shall not preclude a document from being filed with the court. The court may order an unredacted filing be sealed and may also order that a redacted version of the same filing be filed for the public record.
  6. For good cause, the court may:
    1. Order a filing which contains additional personal or confidential information, other than the information required to be redacted pursuant to this Code section, be sealed and may also order that a redacted version of the same filing be filed for the public record; and
    2. Limit or prohibit a nonparty's remote electronic access to a document filed with the court.
  7. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. Such reference list shall be filed under seal and may be amended as of right. Any reference in a civil action to a listed identifier shall be construed to refer to the corresponding item of information.
  8. A filer waives the protections provided by subsection (a) of this Code section to the extent that he or she makes his or her own filing without redaction and not under seal.

(Code 1981, §15-10-54, enacted by Ga. L. 2014, p. 482, § 6/SB 386; Ga. L. 2015, p. 5, § 15/HB 90.)

Cross references.

- Identity fraud, § 16-9-120 et seq.

Identity theft, T. 10, C. 1, A. 34.

Editor's notes.

- Ga. L. 2014, p. 482, § 10/SB 386, not codified by the General Assembly, provides, in part, that this Code section shall apply to any filings made on or after July 1, 2014.

RESEARCH REFERENCES

Am. Jur. 2d.

- 37A Am. Jur. 2d, Freedom of Information Acts, § 384.

ARTICLE 4 VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES

Law reviews.

- For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).


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