Describe the bankruptcy court privacy rules and how a paralegal and his or her attorney can avoid breaches of confidentiality

Question

What will be an ideal response?

Answer 1

Federal law requires personally identifiable information, or any information that can be used to identify a specific individual, to be protected from public view, whether the information is filed electronically or in paper form. This type of confidential, sensitive information must be omitted if unnecessary or redacted or sealed if the law requires. The bankruptcy court system must balance the public's right to access to public documents and protection of personal privacy. Most courts have or are in the process of scanning paper filings so both are available for electronic access. Although both versions are accessible to the public, personal data identifiers contained in those documents are not. If this information is not protected, it will become accessible to the public over the Internet.

Many e-filed documents are publicly available at the touch of a button. Furthermore, confidentiality police are not sitting in the clerk's office ready to review filings for confidential information and alert the attorney's office of potential problems. Redacting is defined as striking out confidential words, phrases, or numbers by blacking out the information with a marker or using computer software that performs this process through electronic means. Documents that are uploaded, such as pay stubs, should be reviewed and redacted with a thick, black marker before scanning. Attorneys and paralegals working on their behalf and under their supervision are required to redact personally identifiable information from any electronic or paper filings. Failure to do so could expose the attorney to a malpractice suit, administrative grievances, or invasion of privacy lawsuits.