R. 1:38-7. — Confidential Personal Identifiers

a. Definition of Confidential Personal Identifiers. A confidential personal identifier is a Social Security number, driver's license number, vehicle plate number, insurance policy number, active financial account number, active credit card number, or information as to an individual's military status.

b. Prohibition on Submission of Confidential Personal Identifiers to the Court. A party shall not set forth confidential personal identifiers as defined in R. 1:38-7(a) in any document or pleading submitted to the court unless otherwise required by statute, rule, administrative directive, or court order; provided, however, that an active financial account number may be identified by the last four digits when the financial account is the subject of the litigation and cannot otherwise be identified.

c. Compliance.

1. In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.

2. In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1(b)(3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)."

3. In all criminal matters, the judge shall inform both parties at the time of the defendant's arraignment status conference that confidential personal identifiers must be redacted from any documents submitted to the court as provided in R. 1:38-7(b) and R. 3:9-1(b).

d. Judgment Debtors. Any writ, order, or judgment issued by the court involving a judgment debtor or any application therefor may include the judgment debtor's name(s), address, date of birth, the last four digits of active financial account numbers, and the last three digits of the individual's Social Security number. No other personal identifiers shall be included.

e. Redaction of Required Personal Identifiers. When confidential personal identifiers as defined in R. 1:38-7(a) are required by statute, rule, or court order to be included in documents or pleadings, such identifiers shall be redacted before public inspection is permitted. This redaction requirement, however, does not apply to driver's license numbers that the New Jersey Motor Vehicle Commission requires in documents pertaining to the suspension and reinstatement of licenses.

f. Redaction of Social Security Numbers from Records in Bulk. Any request for the mass release, in bulk, of records, no matter how maintained or stored, containing Social Security numbers must be submitted to the Administrative Director of the Courts. A bulk release request is a request for the release of a substantial number of records that would involve an extraordinary expenditure of time and effort to accommodate, resulting in a disruption of court operations. A fee may be charged for the cost of redacting Social Security numbers from such records.

g. Requesting Replacement of Submitted Documents for Failure to Redact Confidential Personal Identifiers.

1. A party or other interested person may request that the court replace a document that contains confidential personal identifiers contrary to R. 1:38-7(b) with a redacted version on application to the court and notice to all parties. Such application should be made in the trial courts by order to show cause or motion and in the Appellate Division or Supreme Court either by motion or by emergent request for temporary relief, and may include a request for immediate temporary removal pending the return date.

2. If the court thereafter determines that the confidential personal identifiers should not be in the document, it may by order direct the clerk to replace the original unredacted document with a redacted document for filing, with the redacted document to be submitted to the clerk by the party or attorney representing the party that submitted the document containing the confidential personal identifiers.

3. The court shall not order the clerk to alter or undertake redaction of the document as that obligation rests with the party or the attorney for the party that submitted the document containing the confidential personal identifiers.