N.D.N.Y. L. R. Cr. P. 49.1

Parties shall refrain from including, or shall redact where inclusion is necessary, the

following personal identifiers from all filings with the Court, including exhibits thereto, whether

filed electronically or in paper form, unless the Court orders otherwise.

(a) Personal Identifiers

1. Social security/Taxpayer-identification numbers. If an individual’s social

security number or a taxpayer-identification number must be included in a

document, use only the last four digits of that number.

2. Names of minor children. If the involvement of a minor child must be

mentioned, use a pseudonym.

3. Dates of birth. If an individual’s date of birth must be included in a document,

use only the year.

4. Financial account numbers. If financial account numbers are relevant, use only

the last four digits of those numbers.

5. Home Addresses. If a home address must be used, use only the City and State.

However, a Pro Se defendant must include their complete mailing address in the

signature block on all documents filed with the Court pursuant to L.R. 10.1(c)(2)

which shall also appear on the face of the docket.

6. Names of Sexual Assault Victims. If the victim of a sexual assault must be

referenced, redact the name to “Victim 1”, “Victim 2,” etc.

In addition, caution shall be exercised when filing documents that contain the following:

1. personal identifying number, such as a driver’s license number;

2. medical records, treatment and diagnosis;

3. employment history;

4. individual financial information; and

5. proprietary or trade secret information.

For exceptions, see Federal Rule of Criminal Procedure 49.1.

(b) In compliance with the E-Government Act of 2002, a party wishing to file a

document containing the personal data identifiers listed above may:

1. file an unredacted version of the document under seal in compliance with

Criminal Local Rule 49.2, or

2. file a reference list under seal in compliance with Criminal Local Rule 49.2. The

reference list shall contain the complete personal data identifier(s) and the

redacted identifier(s) used in its (their) place in the filing. The Court will construe

all references in the case to the redacted identifiers included in the reference list

to refer to the corresponding complete personal data identifier. The party must

file the reference list under seal and may amend it as of right.

A person waives the protection afforded by Fed.R.Crim.P. 49.1(a) as to the person’s own

information by filing it without redaction and not under seal. See Fed.R.Crim.P. Rule 49.1(h).

The Court strongly urges counsel to discuss this issue with all their clients so that they can make

an informed decision about the inclusion of certain information. The responsibility for redacting

these personal identifiers rests solely with counsel and the parties. The Clerk will not review

each filing for compliance with this Rule. The Court cautions counsel and the parties that failure

to redact these personal identifiers may subject them to the Court's full disciplinary power.

(d) Protective Orders. See Fed.R.Crim.P. Rule 49.1(e).