What Is Redacted?
The term redacted refers to the process of editing a document to conceal or remove confidential information before disclosure or publication. The redaction process is fairly common in l💝egal and other official documents, such as court papers and those obtained from government sources. Documents may be redacted when requested by the public. Redacted information may i♏nclude personal identifiers, sensitive information, intellectual property, and case data.
Key Takeaways
- Redacted documents are edited to conceal or remove confidential information before disclosure or publication.
- The redaction process is a common practice in legal documents.
- Redacting personal data in documents is important to avoid identity theft.
- Federal Rule of Civil Procedure 5-2 requires court filings to redact Social Security numbers, financial account numbers, names of minors, dates of birth, and home addresses.
- There are tools available in Microsoft Word or Adobe Acrobat to redact documents.
Understanding Redacted
As the electronic filing of court documents is now standard practice, redaction is necessary to restrict public access to personal data, given the possibility of 澳洲幸运5开奖号码历史查询:identity theft and other types of fraud.
In addition to 澳洲幸运5开奖号码历史查询:personal data identifiers, other information that should be redacted include medical records, trade secrets, informant names, and security information. Attorneys are🅠 obligated to protect the privacy of parties involved in litigation or other proceedings, and failure to do so🎐 may result in the court sanctioning penalties or fines against them.
There is a significant amount of legislation—such as the ꦉHealth Insurance Portability and Accountability Act (HIPAA) and the 澳洲幸运5开奖号码历史查询:Gramm-Leach-Bliley Act—that includes processes on how to handle private information.
The Redaction Process
Federal Rule of Civil Procedure 5-2 requires that parties filing documents with the court (whether manual filing or e-filing) must redact the following personal data identifiers:
- 澳洲幸运5开奖号码历史查询:Social Security numbers: Only the last four digits must be included.
- Financial account numbers: Only the last four digits should be used.
- Names of minors: If the involvement of a minor must be mentioned, only the minor's initials may be used.
- Date of birth: If the date of birth must be included, use only the year of birth (not month or day).
- Home address: In criminal cases, if a home address must be included, use the city and state only.
Redacting a paper document can be done by cutting out the text to be redacted or using opaque tape to cover the redacted sections. The redaction of electronic fi☂lings, however, is more complicated. The following🍎 methods may appear to redact a document, but in reality, are not effective or foolproof:
- Changing the text's color to white. This may make it look as though the selected words to be redacted are hidden, but the remaining metadata can reveal the hidden text.
- Blacking out with comment tools: Edits made by such tools can be removed to reveal the underlying text.
- Deleting words or sections: Metadata contains document revision history and can be used to view deleted information.
- Using dark tape or opaque marker: Rather than physically clipping out sensitive information, it is common practice to cover such information with dark tape or a marker and scan it into a PDF format. However, many scanners are sensitive enough to view such covered words even if they do not appear to be visible.
Best practices would be to use the tools specifically designed for document redaction, avaౠilable in Microsoft Word or Adobe Acrobat.
Examples of Redactions
There have been some notable redaction failures. In June 2016, House Democrats publicly released a set of digital documents related to the investigations into the 2012 attacks on two U.S. facilities in Benghazi, Libya. The Los Angeles Times found that portions of a redacted transcript featuring Hillary Clinton's adviser, Sidney Blumenthal, could actually be viewed if that section was copied from the PDF version and pasted into another document.
In 2011, the same copy-paste tactic was used to access redacted information about Apple's business dealings that were mistakenly included in a U.S. District Court opinion.
In 2013, Citigroup acknowledged that it failed to safeguard sensitive data including Social Security numbers and birth dates for 146,000 customers who filed for 澳洲幸运5开奖号码历史查询:bankruptcy between 2007 and 2011, because of a problem with the way its software redacted customer data on bankruptcy filings for 澳洲幸运5开奖号码历史查询:secured loans.
In 2019, redaction failures made by lawyers representing former Trump campaign chair Paul Manafort accidentally disclosed ties with Russian businessmen, a claim he had previously denied.
Can You Challenge Heavy Redactions?
Redactions are meant to protect sensitive information, such as personal identifiers and intellectual property. If you request a document that is heavily redacted, you may be able to challenge it to get some of the information released. You may be able to appeal the redactions with the issuer of the document, such as a government agency. But, in other cases, you may have to go to court to get the redactions lifted. Keep in mind that you must have a suitable argument to have the redactions lifted.
Is Information Deleted When It's Redacted?
Not necessarily. Redaction is the process of hiding, concealing, or removing information from sensitive legal, corporate, or government documents. Most redactions involve blacking𝓰 out or masking the sensitive information, such as names, legal case information, or intellectual property.
What Is the Purpose of Redaction?
The process of redacting documents allows sensitive information to be hidden while still allowing entities to access certain documents. For instance, certain names (like those of juveniles or victims of crimes) may be redacted from court documents to protect the identities of those individuals. Sensitive government information or intellectual propertꦇy may also be redacted from documents to preserve the integrity of those behind it.
The Bottom Line
Those heavy black marks that appear on sensitive documents have information that is redacted. The purpose of redaction is to keep information concealed so the reader doesn't access it. The hidden information may be names and other personal identifiers or very confidential information that can't be released to the public. You may find it does whenever you request information for legal cases or from government agencies.