Current through Register Vol. 46, No. 39, September 25, 2024
(a) Omission or Redaction of
Confidential Personal Information.
(1) Except as otherwise provided by rule
or law or court order, and whether or not a sealing order is or has been
sought, the parties shall omit or redact confidential personal information in
papers submitted to the court for filing. For purposes of this rule,
confidential personal information ("CPI") means:
i. the taxpayer identification number of
an individual or an entity, including a social security number, an employer
identification number, and an individual taxpayer identification number, except
the last four digits thereof; and
ii. other than in a proceeding under
Article 13 of the SCPA, a financial account number, including a credit and/or
debit card number, a bank account number, an investment account number, and/or
an insurance account number, except the last four digits or letters
thereof.
(2) The court sua sponte or on motion by
any person may order a party to remove CPI from papers or to resubmit a paper
with such information redacted; order the clerk to seal the papers or a portion
thereof containing CPI in accordance with the requirement of 22 NYCRR §
216.1 that any sealing be no
broader than necessary to protect the CPI; for good cause permit the inclusion
of CPI in papers; order a party to file an unredacted copy under seal for in
camera review; or determine that information in a particular action is not
confidential. The court shall consider the pro se status of any party in
granting relief pursuant to this provision.
(3) Where a person submitting a paper to
a court for filing believes in good faith that the inclusion of the full CPI
described in Paragraph (1) of this subdivision is material and necessary to the
adjudication of the proceeding before the court, he or she may apply to the
court for leave to serve and file, together with a paper in which such
information has been set forth in abbreviated form, a confidential affidavit or
affirmation setting forth the same information in unabbreviated form,
appropriately referenced to the page or pages of the paper at which the
abbreviated form appears.
(4) When served with objections or a
request for an inquiry or examination under SCPA 2211 or 1404 that specifies a
request for particular unredacted documents previously filed in the proceeding
with respect to which the objection or request for inquiry or examination
relates, the party who originally served and filed the redacted document shall
serve (but not file) an unredacted version upon all parties interested in the
proceeding or such portion of it to which the objection or request for inquiry
or examination relates.
(b) Public Access to Certain Filings
The officers, clerks and employees of the
court shall not permit a copy of any of the following documents to be viewed or
taken by any other person than a party to the proceeding, or the attorney or
counsel to a party to the proceeding, the Public Administrator or counsel
thereto, counsel for any Federal, State or local governmental agency, or court
personnel, or by order of the court or written permission of the Surrogate or
Chief Clerk of the court. The standard for the grant of such permission in a
contested matter shall be the same as required under 22 NYCRR 216.1 and
applicable law:
(1) All
papers and documents in proceedings instituted pursuant to Articles 17 or 17-A
of the SCPA;
(2)
Death certificates;
(3) Tax returns;
(4) Firearms Inventory;
and
(5) Documents
containing information protected from disclosure under other provisions of
Federal or State law such as HIPAA for medical information, job protected
services reports, material obtained from a state mental hygiene facility under
MHL 33.13, and records involving alcohol or other substance abuse under
42
CFR 2.64. These examples are not intended to
be exclusive.
This rule shall not preclude disclosure or
copying of any index of filings maintained by the court.
Any determination by the court regarding
access to any filings may be the subject of an appropriate motion for
clarification or reconsideration.
