Under a new rule effective this month, individuals filing documents related to civil actions in Maryland courts must exclude unnecessary private information, such as Social Security numbers or other identification numbers. Rule 1-322.1 was implemented on July 1 and amended the following day.
Key points of the rule include that attorneys and others filing legal papers must avoid including personal information unless legally required. This includes Social Security numbers, taxpayer identification numbers, and financial or medical account identifiers. Birthdates are not considered personal information under this rule.
The rule applies to pleadings and other papers filed in litigation but excludes land records, administrative records, and business license records. It also does not apply to filings made by judges or judicial appointees. These procedures are mandatory for documents filed from July 9, 2013, onward.
Rule 1-322.1 supports an existing Maryland law that protects Social Security and driver’s license numbers from being displayed online. Currently, only land records are available on the Internet. The Judiciary plans to transition to a statewide online case management system known as Maryland Electronic Courts (MDEC), which will manage records electronically.
As technological advancements continue within the Judiciary to enhance efficiency and access, rules safeguarding private information are regularly reviewed.
“Unless it is necessary, please do not include any personal identifying information in pleadings or other papers filed with a court,” said State Court Administrator Frank Broccolina. “If it is necessary to include such information, take the proper measures to ensure that the information remains confidential.”
Additionally, under another Maryland rule, individuals must inform the court clerk if confidential information is included in their documents through written notification specifying what content is confidential.
“There are serious consequences if the new rule 1-322.1 is not followed: The document may be stricken from the court record, so it is important that people read the rule and the formal notice for more information,” said retired Court of Appeals Judge Alan M. Wilner, chair of the Judiciary’s Rules Committee.