February 10, 2006
  
  ADM File No. 2005-02
  
  Administrative Order No. 2006-2
  Privacy Policy and Access to Court Records
  _____________________________________
  
       The Social Security Number Privacy Act, 2004 PA 454, requires all persons who, in
  the ordinary course of business, obtain one or more social security numbers, to create a
  privacy policy in order to ensure the confidentiality of social security numbers, prohibit
  unlawful disclosure of such numbers, limit access to information or documents containing
  social security numbers, provide for proper disposal of documents containing social security
  numbers, and establish penalties for violation of the privacy policy.
  
       The management of documents within court files is the responsibility of the
  judiciary.  In the regular course of business, courts are charged with the duty to maintain
  information contained within public documents that is itself non-public, based upon
  statute, court rule, or court order.  In carrying out its responsibility to maintain these
  documents, the judiciary must balance the need for openness with the delicate issue of
  personal privacy.  In an effort to prevent the illegal or unethical use of information found
  within court files, the following privacy policy is provided for all court records, effective
  March 1, 2006, and to be implemented prospectively.
  
       Accordingly, on order of the Court,
  
            A.   The State Court Administrative Office is directed to assist trial courts in
            implementing this privacy policy and to update case file management
            standards established pursuant to this order.
       
            B.   Trial courts are directed to:
  
                 1.   limit the collection and use of a social security number for party
                 and court file identification purposes on cases filed on or after
                 March 1, 2006, to the last 4 digits; 
            
                 2.   implement updated case file management standards for nonpublic
                 records;
  
                 3.   eliminate the collection of social security numbers for purposes
                 other than those required or allowed by statute, court rule, court
                 order, or collection activity when it is required for purposes of
                 identification;
  
                 4.   establish minimum penalties for court employees and custodians of
                 the records who breach this privacy policy; and
  
                 5.   cooperate with the State Court Administrative Office in
                 implementing the privacy policy established pursuant to this order.
  
  On further order of the Court, the following policies for access to court records are
  established.
  
  ACCESS TO PUBLIC COURT RECORDS
  
   Access to court records is governed by MCR 8.119 and the Case File Management
  Standards.
  
  ACCESS TO NONPUBLIC RECORDS
  
                 1.    Maintenance of nonpublic records is governed by the NonPublic
                 and Limited Access Court Records Chart and the Case File
                 Management Standards.
            
                 2.   The parties to a case are allowed to view nonpublic records within
                 their court file unless otherwise provided by statute or court rule.
  
                 3.   If a request is made by a member of the public to inspect or copy a
                 nonpublic record or a record that does not exist, court staff shall
                 state, "No public record exists."
  
  SOCIAL SECURITY NUMBERS AND NONPUBLIC RECORDS
  
                 1.    The clerk of the court shall be allowed to maintain public files
                 containing social security numbers on documents filed with the
                 clerk subject to the requirements in this section.
            
                 2.   No person shall file a document with the court that contains
                 another person's social security number except when the number is
                 required or allowed by statute, court rule, court order, or for
                 purposes of collection activity when it is required for identification. 
                 A person who files a document with the court in violation of this
                 directive is subject to punishment for contempt and is liable for
                 costs and attorney fees related to protection of the social security
                 number.
  
                 3.   A person whose social security number is contained in a document
                 filed with the clerk on or after March 1, 2006, may file a motion asking 
                 the court to direct the clerk to:
                   
                      a.   redact the number on any document that does not require or
                      allow a social security number pursuant to statute, court
                      rule, court order, or for purposes of collection activity when
                      it is required for identification; or
                 
                      b.   file a document that requires or allows a social security
                      number pursuant to statute, court rule, court order, or for
                      purposes of collection activity when it is required for
                      identification, in a separate nonpublic file.
  
            The clerk shall comply with the court's order and file the request in the
            court file.
            
                 4.   Dissemination of social security numbers is restricted to the
                 purposes for which they were collected and for which their use is
                 authorized by federal or state law.  Upon receiving a request for
                 copies of a public document filed on or after March 1,
                 2006, that contains a social security number pursuant 
                 to statute, court rule, court order, or for purposes of
                 collection activity when it is required for identification, a court
                 shall provide a copy of the document after redacting all social
                 security numbers on the copy.  This requirement does not apply to
                 requests for certified copies or true copies when required by law or
                 for requests to view or inspect files.  This requirement does not
                 apply to those uses for which the social security number was
                 provided.
  
  RETENTION AND DISPOSAL OF NONPUBLIC RECORDS
  
       Retention and disposal of nonpublic records and information shall be governed by
  General Schedule 16 and the Michigan Trial Court Case File Management Standards.