(a)ApplicabilityThis Rule applies only to pleadings and other papers filed in an action on or after July 9, 2013 by a person other than a judge or judicial appointee. The Rule does not apply to administrative records, business license records, or notice records, as those terms are defined in Rule 16-903.
Committee note: Although not subject to this Rule, judges and judicial appointees should be aware of the purpose of the Rule and refrain from including personal identifier information in their filings, unless necessary.
Cross reference: For the definition of action, see Rule 1-202. For the prohibition against including certain personal information on recordable instruments, see Code, Real Property Article, § 3-111. For the prohibition against publicly posting or displaying on an Internet Website certain personal information contained in court records, including notice records, see Code, Courts Article, § 1-205.
(b)Generally. Except as otherwise provided in this Rule, required by law, permitted by court order, or required to implement a court order, the filer of any paper or electronic filing with a court shall not include in the filing the following personal identifier information:(1) an individual's Social Security number or taxpayer identification number; or(2) the numeric or alphabetic characters of a financial or medical account identifier.(c)Exceptions. Unless otherwise provided by law or court order, section (b) of this Rule does not apply to the following:(1) a financial account identifier that identifies the property allegedly subject to forfeiture in a forfeiture proceeding; or(2) the record of an administrative agency proceeding.(d)Alternatives. If, by reason of the nature of the action, it is necessary to include in a filing personal identifier information described in section (b) of this Rule, the filer may: (1) include in the filing only the last four characters of the financial or medical account identifier,unless that identifier consists of fewer than eight characters, in which event all characters shall be redacted;Committee note: Financial accounts include credit and debit card accounts, bank accounts, brokerage accounts, insurance policies, and annuity contracts. Personal identification numbers (PINs) or other account passwords also may need to be redacted, as well as health information identifiers.
(2) file the unredacted document under seal, if permitted by order of court;(3) if the full information is required to be provided only to another party or to a court official, other than a judge or judicial appointee, provide the information separately to that party or official and file only a certificate that the information has been so provided; Committee note: It may be necessary to provide personal identifier information to a court official, including a clerk, sheriff, or constable, in order for that official to send or serve notices, summonses, or other documents. Subsection (d)(3) of this Rule is not intended to permit ex parte communications with a judge.
(4) if the full information is required to be in the filing and the filing is a paper filing, file the paper in duplicate, one copy with the information redacted as required by section (b) of this Rule and one copy without redaction, together with instructions to the clerk to shield the unredacted copy in conformance with the Rules in Title 16, Chapter 900; or(5) if the full information is required to be in the filing and the filing is electronic, designate, in conformance with the applicable electronic filing requirements, the information to be redacted or shielded for purposes of public access. Cross reference: See Rule 20-201.
(e) Protective Orders. For good cause, the court may, by order, in a case: (1) require redaction of additional information; and(2) limit or prohibit a nonparty's remote electronic access to a document filed with the court. Committee note: Other than remote access to docket entries, nonparties currently do not have remote access to documents filed with the court, except under certain limited circumstances, such as in asbestos-related litigation.
(f) Non-Conforming Documents.(1)Waiver. A person waives the protection of section (b) of this Rule as to the person's own information by filing it without redaction and not under seal.(2)Sanctions. If a person fails to comply with this Rule, the court on motion of a party or on its own initiative, may enter any appropriate order. This Rule is in part derived from Fed. R. Civ. P. 5.2(2007) and is in part new.
Adopted May 1, 2013, eff. 7/1/2013. Amended July 2, 2013, eff. 7/9/2013; 8/26/2014, eff. 8/27/2014; 6/6/2016, eff. 7/1/2016; 6/20/2017, eff. 8/1/2017; amended June 29, 2020, eff. 8/1/2020; amended April. 21, 2023, eff. 7/1/2023HISTORICAL NOTES
2013 Orders
The May 1, 2013, order added new Rule 1-322.1
The July 2, 2013, order clarified applicability of Rule; added a Committee note; added a cross reference; deleted a reference to birth dates; permitted the filing of personal information required to implement a court order; corrected internal references; and made stylistic changes.
2014 Orders
The August 26, 2014, order amended section (b) to clarify that compliance with the Rule is the duly of the filer of a paper or electronic filing.
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.
2017 Orders
The June 20, 2017 order, revised an internal reference.
Committee note: This Rule does not affect the discoverability of personal information.