Compliance Corner: Neb. Privacy Rules for Filings

Lincoln, NE (WorkersCompensation.com) -- No one wants their personal information to go public, especially when it comes to legal proceedings. Thus, it's probably not surprising that states -- such as Nebraska -- have tight rules to keep information filed in, sent to, or otherwise given to courts under wraps.

The following information spells out those rules.

What's covered? Nebraska's privacy rules apply to all filings and correspondence received by a court, including:
--> Pleadings.
--> Attachments.
--> Any other documents.

What's the point? The rules seek to prevent personally identifiable information such as birth dates, Social Security numbers, employment visa numbers, green card numbers, passport numbers, and financial account numbers from being included in court records generally available to the public.

How's it work? Upon filing of a petition or initial pleading in a case that has not been assigned a docket number, the Social Security account number or other identification number of the claimant shall be provided to the court in a separate document. Other personal and financial account information may be provided to the court prior to the issuance of any order, judgment, or award, and shall also be set forth in a separate document. Such separate document shall be submitted in either electronic form or paper form and shall not be accessible or viewable by the public. The document shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Workers’ Comp. Ct. R. of Proc. 2. The court clerk shall keep the document separate from the case file but accessible to judges and court staff. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in the Nebraska Workers’ Compensation Court case management system. If the document is submitted in electronic form, the paper form shall not be submitted.

Personal and financial account information. This kind of information shall not be included in any pleading or document submitted by a party or attorney for filing with the court. Personal and financial account information shall not be included in any court order, judgment, or award.

What if the court needs information? Where the court finds that an order, judgment, or award must contain Social Security numbers or other personal or financial account information, the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

Exhibits. No exhibit used at a hearing or trial shall contain the personal or financial account information, including the complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit(s) to the extent necessary to protect the information from public access or misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or awards in such a manner as the parties, attorneys, and the court may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

Redactions. The responsibility for redacting personal and financial account information rests solely with the attorney(s) and the parties. The court clerk shall not be required to review documents for compliance with this rule. If the court clerk identifies a violation of this rule, the court clerk may elect to provide a redacted document for public access. However, the court clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties’ attorney(s).

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