There is enough personal and private information revealed in court pleadings for an ID thief to take an individual’s identity and use it to commit fraud. These frauds can take many forms, from simple larceny to complex identity crimes.
An adult may not find out about the identity theft until they review their credit bureau reports or they are contacted by a debt collector. If it is a child’s information that is taken it might not be discovered for years and years. Identity theft has become the commonly accepted term for this type of crime, though you can’t really steal someone’s identity, you can only use it.
It can take some victims thousands of dollars and years repairing the damage to their good name and credit record. During this time they lose out on job opportunities, are denied loans and pay more for credit because of the negative information on their credit reports. They may be arrested for crimes they did not commit.
Protection of personal, sensitive and private data in court papers is not a new or novel concept. The E-Government Act of 2002, contains laws governing privacy of information in court files. Federal courts were directed to immediately conform their rules and practices to the Act. These rules provided that personal identifying information is prohibited.
Specifically listed as examples of personal identifying information were:
- Social Security Numbers;
- Financial Account numbers;
- and Birth Dates.
The policy and local rules also contain cautions and restrictions on the disclosure of other information deemed sensitive.
The following categories of information were deemed sensitive:
- Personal identifying numbers, such as driver license numbers;
- Medical records, treatments, and diagnoses;
- Employment histories;
- Personal financial information;
- Proprietary or trade secret information.
The restriction pertaining to personal identifying information is equally applicable to this sensitive information. Federal Rule of Civil Procedure 5.2 and Federal Rule of Bankruptcy Procedure 9037 also contain sections on redacting personal data before filing it in court papers.
An individual’s Social Security Number and other private information is of no use and not a concern of the general public. Interfering with the private affairs of a individual by disclosing this sensitive and personal information intrudes upon their right to privacy and creates a risk of identity theft.
A party who has suffered an exposure to identity theft should be entitled to damages. These damages may consist of future credit monitoring, fees for security freezes and obtaining periodic credit reports and civil contempt and sanctions for violating the policies, rules and orders of the court, injunctive relief to render the offending document inaccessible to the general public and compensatory and punitive damages, attorney fees, expenses and suit money.
In collection type cases and bankruptcy cases the underlying debt should be canceled as part of a settlement or judgment.
Mississippi residents that are interested in exploring bankruptcy and non-bankruptcy options can contact us for a free consultation at 601.948.1600.
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