Order 

      July 13, 2005



ADM File No. 2005-02

Proposed Administrative Order regarding
Privacy Policy and Access to Court Records
_____________________________________

     On order of the Court, this is to advise that the Court is considering adoption of the following
proposed Administrative Order to ensure the confidentiality of social security numbers and
management of nonpublic information contained within public documents filed within the judiciary. 
Before determining whether the proposal should be adopted, changed before adoption, or rejected,
this notice is given to afford interested persons the opportunity to comment on the form or the merits
of the proposal or to suggest alternatives.  The Court welcomes the views of all.  This matter also
will be considered at a public hearing.  The notices and agendas for public hearings are posted at
www.courts.michigan.gov/supremecourt. 
     Publication of this proposal does not mean that the Court will issue an order on the subject,
nor does it imply probable adoption of the proposal in its present form.

     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.  While the separation of powers principles
set forth in Const 1963, art 3, § 2, make it clear that the management of documents within court
files is the responsibility of the judiciary, as a matter of comity with the Legislature, the Supreme
Court issues this administrative order in an effort to prevent the illegal or unethical use of
personal information found within all court records.

     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 nonpublic, 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 January 1, 2006, and to be implemented prospectively.

     Accordingly, on order of the Court,

       1.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.
          
          
       2.Trial courts are directed to:
     
            a.limit the collection and use of a social security number for party and court file identification purposes on
            cases filed on or after January 1, 2006, to the last 4 digits; 
               
            b.implement updated case file management standards for nonpublic records;
     
            c.eliminate the collection of social security numbers for purposes other than those required by statute, court
            rule, court order, or collection activity when it is required for purposes of
            identification;
     
            d.establish minimum penalties for court employees and custodians of the records who breach this privacy
            policy; and
     
            e.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

            3.  Maintenance of nonpublic records is governed by the NonPublic and
            Limited Access Court Records Chart and the Case File Management
            Standards.
               
            4.The parties to a case are allowed to view nonpublic records within their court file unless otherwise provided
            by statute or court rule.
     
            5.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

            6.  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.
               
            7.No person shall file a document with the court that contains another person's social security number except
            when the number is required 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.
     
            8.A person whose social security number is contained in a document filed with the clerk may file a request
            pursuant to MCR 2.612(A)(1) asking the court to direct the clerk to:
     
                 a.redact the number on any document that does not require 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 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.
               
            9.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 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.  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.

     A copy of this order will be given to the Secretary of the State Bar and to the State Court
Administrator so that they can make the notifications specified in MCR 1.201.  Comments on
these proposals may be sent to the Supreme Court Clerk in writing or electronically by
November 1, 2005, at P.O. Box 30052, Lansing, MI  48909, or MSC_clerk@courts.mi.gov. 
When filing a comment, please refer to ADM File No. 2005-02.  Your comments and the
comments of others will be posted at
www.courts.mi.gov/supremecourt/resources/administrative/index.htm.