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National News

New Redaction Law - Illinois Civil Case Documents

September 05, 2013 posted by Steve Brownstein

Effective July 1, 2013, personal identify information became not allowed in documents or exhibits filed for proceedings in Illinois civil court cases. Per Supreme Court Rule 138, Personal Identity Information is defined as following:

•Birth Dates
•Social Security numbers
•Mother's maiden names
•Driver's license numbers
•Financial account numbers
•Debit and credit card numbers
The key piece element to those using public records in their normal course of business is the redaction of birth dates. Without even a partial DOB to use as a match, it will be a struggle to properly identify a person and avoid a false-positive. But this element is quite common in civil records.

The rule also states: "A court may order other types of information redacted or filed confidentially, consistent with the purpose and procedures of this rule."

If a document is filed with personal information, the person whose personal identity is affected may move that the court redact the information. If granted, the court will still have a sealed copy of the unredacted document.
A copy of Rule 138 is found at:
www.state.il.us/court/supremecourt/Rules/Art_II/ArtII