10. Public Access and Sensitive Information

(a) Access to the Case Management System Public Index. The public may access, with limited exceptions, information from the E-Filing System through the Case Management System Public Index, including the case status and documents filed by the parties.

(b) Privacy. Attorneys are responsible for ensuring that their clients have sufficient information to make informed decisions regarding the inclusion, exclusion, and redaction of personal identifying information in court documents.

(1) Any document filed by a party shall not include, or the party will redact where inclusion is necessary, the personal identifying information detailed in Rule 41.2(a), SCRCP.

(2) The Clerks of Court and their staff are not responsible for reviewing filings to determine if materials should be redacted. The responsibility for redacting personal identifying information rests solely with the E-Filer. If the Clerk of Court discovers unredacted personal identifying information in an E-Filed document, the Clerk may require that the party E-File an amended document that properly redacts personal identifying information. E-Filers who repeatedly or deliberately include information in pleadings that should have been redacted are subject to sanction by the court pursuant to Rule 11, SCRCP.

(3) Where personal identifying information that has been redacted is relevant to an issue in the case, the party may file a Confidential Reference List as set forth in Rule 41.2(b), SCRCP. The Confidential Reference List shall be served on all parties of record, and will be accessible to the Authorized E-Filers associated with the case in the E-Filing System, but will not be publicly available on the Case Management System Public Index. No order of the court is required to file a Confidential Reference List, and the list may be amended as of right. The Confidential Reference List must be E-Filed as a separate document from the redacted filing, but included within the same submission as the redacted filing.

(c) Sealed Cases and Documents.

(1) Motions to seal are governed by Rule 41.1, SCRCP. A motion to file any document under seal pursuant to Rule 41.1 shall be E-Filed, unless prohibited by law. The document(s) for which sealing is sought shall be submitted for an in camera review by Traditional means as provided in Rule 41.1(b) and shall not be E-Filed. Where the documents sought to be sealed are required to be served, the E-Filer must use a Traditional Service method to serve those documents. The process for filing a motion to seal is fully set forth in the Filer Interface User Guide.

(2) In camera submissions shall be presented to the court by paper copy.

(3) Any case or document under seal shall not be available to the public through electronic or other means.