It is not proper for law enforcement or an attorney to file papers with the court if the papers contain a person's social security number. A person should contact the assigned prosecutor and advise them of your concerns. Report Abuse HS Mr. Howard A Snader (Unclaimed Profile) Update Your Profile Answered on Aug 10th, 2012 at 3:20 PM
Full Answer
As to inadvertently sent documents, the opposing party must be notified of receipt pursuant to rule 4-4.4 (b). Regarding the improperly obtained document, the opposing party must be notified prior to review and in order for the receiving lawyer to continue representation.
Thus, the rule requires that the receiving lawyer notify the sender of the document. The rule makes no requirement of the receiving lawyer other than notification. The comment echoes 93-3 in its statement regarding the receiving lawyer’s duty to return the document and future use.
The comment to the rule elaborates: “Subdivision (b) recognizes that lawyers sometimes receive documents that were mistakenly sent or produced by opposing parties or their lawyers.
Although the requirements of the lawyer are different depending on whether information has been inadvertently sent as opposed to improperly obtained, the underlying fundamental requirement is the same. In either situation, notification of the opposing party is paramount.
Any SSNs and related records that are obtained by federal or state authorized persons pursuant to federal laws enacted on or after October 1, 1990 "shall be confidential, and no authorized person shall disclose any such social security account number or related record."56 Penalties are provided for unauthorized willful ...
Redactions in Court Filings Federal regulations require that filings made with federal courts in the US be redacted for privacy. Redaction is a method of removing sensitive data from documents that protect individuals' privacy or safety before the papers are made available for public viewing.
Redaction is the removal of non-disclosible information from a document. For the purpose of this Report “redaction” relates only to the automated removal of social security numbers (SSNs) from electronic copies of land records maintained by circuit court clerks made available via secure remote access.
The Social Security Administration protects your Social Security number and keeps your records confidential. We don't give your number to anyone, except when authorized by law. You should be careful about sharing your number, even when you're asked for it.
What information should be redacted?Social Security Numbers (SSNs)Driver's License Numbers (DL)Date of Birth (DOB)Medical Record Numbers (MRN)Account Numbers.Addresses.Phone Numbers.
When a document is redacted, it means that certain text contained in a document filed with the Court is concealed from view for privacy protection. This is an example of how a redaction will appear on a document; with the private information concealed: .
In the sample file, choose Mark for Redaction > Text & Images. Then highlight the text in the Name, Address, Telephone, E-mail, Social Security Number, and Date of Birth fields. Click Apply to remove the marked areas of content.
Document redaction is a process performed on documents that contain confidential information. Before a document is published, the private information, whether it be text or images, is permanently removed.
Some forms of PII are sensitive as stand-alone elements. a. Examples of stand-alone PII include Social Security Numbers (SSN), driver's license or state identification number; Alien Registration Numbers; financial account number; and biometric identifiers such as fingerprint, voiceprint, or iris scan. b.
The Freedom of Information Act (FOIA) Enacted in 1966, and taking effect on July 5, 1967, the FOIA provides any person the right to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure.
Freezing Your Social Security Number First, you'll need to create an account on E-Verify, which is managed by the U.S. Department of Homeland Security. Once you do, follow the prompts to freeze your SSN. Then, file a police report. Immediately after freezing, contact the authorities.
If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).
For an attorney it is not the difficult to get a hold of an opposing parties Social Security number. Many courts require them on the filing documents, including having at least the last 4 digits in the petition itself. We have asset/people search programs that will give you the first 5 numbers...
I don't really think you have a cause of action against the attorney, unless and until he does something improper with it. He obtained the number legitimately, though the docial could likeky have been redacted before providing the documents.
reposted under estate administration for a chance at a better review and ansswer as this is not really a Social Security question. Good luck to you.
The trial court also found that despite the fact that it was readily apparent that the documents had been improperly obtained and contained attorney/client communications, the mother’s counsel spent “in excess of 100 hours” reviewing the documents.
Additionally, whether the receiving lawyer may be disqualified for reading and/or using the document is not a matter of ethics. Such questions are legal rather than ethical and ultimately must be determined by courts. However, the comment does note that the receiving lawyer may voluntarily return the document.
Thus, as the analysis demonstrates , courts do consider compliance with ethics rules in determining legal issues.
The attorney segregated what were believed to be documents containing attorney-client privileged information. The attorney did not review these documents. The attorney was aware, but not in possession, of documents taken by the client from the spouse’s car.
Thus, the rule requires that the receiving lawyer notify the sender of the document. The rule makes no requirement of the receiving lawyer other than notification. The comment echoes 93-3 in its statement regarding the receiving lawyer’s duty to return the document and future use.