Vol. 35, Number 12—December 2003

Rules Change To Protect Privacy

New Federal Rules of Bankruptcy Procedure that affect privacy and minimize the risk of identity theft took effect December 1, 2003. Bankruptcy cases must no longer display a filer’s entire social security number when the case is viewed electronically.

The changes in Bankruptcy Rules 1005, 1007, and 2002 respond to increased electronic access by the public to court files. Electronic access to bankruptcy files makes widespread dissemination of Social Security numbers possible and identity theft that much easier, raising questions of personal privacy. Concern was heightened because virtually all bankruptcy courts have systems in place that give the public instant access to court records through the Internet—either through the electronic public access service to court records called PACER, or through the electronic case management and electronic case files system for the federal courts, CM/ECF.

Prior to the change, federal rules required the entire Social Security number in bankruptcy cases, unlike in civil cases where, by Judicial Conference policy, a litigant’s Social Security number could be abbreviated.

In September 2002, to protect litigants, the Conference recommended amendments to the Rules of Bankruptcy Procedure requiring that only the last four digits of the Social Security number be included on papers filed with the court.

The full Social Security number must still be provided to the court and the full number sent to creditors as part of the notice of the bankruptcy filing. The public will continue to have electronic access to the name, address, and four-digit social security number of debtors filing in bankruptcy.

The Rules changes were made through the Rules Enabling Act. Initially, the appropriate Judicial Conference Rules Advisory Committee considers suggestions for rules changes, and then the committee drafts rules changes, distributes the proposed amendments to the bench, bar, and general public, holds public hearings, and considers public comments. If the Advisory Committee approves the proposed amendments, the Standing Rules Committee, the Judicial Conference, and the Supreme Court all must approve them before the amendments are sent to Congress. If Congress does not act, the proposed amendments take effect on December 1.