PARTIES’ RESPONSIBILITY TO PROTECT PERSONAL INFORMATION

9.1. Prohibition; Form. (a) Except as provided in this Rule 9 and notwithstanding any other rule to the contrary, a party shall not include personal information in any accessible document filed in any state court or with ADLRO. Required personal information shall be submitted by means of a Confidential Information Form that substantially conforms to HCRR Form 2 of these rules ; provided the name and birth date of a minor charged with a traffic infraction may be displayed on the citation and the name of a minor may be displayed in submissions in proceedings under HRS chapter 586 and section 604-10.5. The Confidential Information Form shall be designated confidential, protected, restricted, sealed, or not accessible. (b) When the identity or age of a non-defendant minor is required to charge a criminal offense or to state a claim, the accessible charging instrument, complaint, information, indictment, or petition shall include the initials and birth year of the minor. When the identity of an account is required to charge a criminal offense or to state a claim, the accessible charging instrument, complaint, information, indictment, or petition may include the last 4 digits of the account number, provided not more than half of the account’s digits are disclosed, as provided by Rule 2.2 of these rules. A full name, birthdate, or account number shall be submitted on a confidential information form in accordance with section (a) of this rule. (Amended June 21, 2012, effective September 1, 2012.) 9.2. Maintenance of the Confidential Information Form. If submitted for a record maintained on paper, each completed confidential information form shall be marked “confidential” and the clerk shall retain the document in a manner that prevents public access to the document. (Amended June 21, 2012, effective September 1, 2012.) 9.3. Fly Sheet. A fly sheet that substantially complies with HCRR Form 1 shall be submitted with the completed confidential information form. The flysheet shall be filed in the accessible record, whether the record is maintained on paper or electronically. The fly sheet shall be captioned in accordance with the rules governing the proceeding, titled “CONFIDENTIAL INFORMATION,” and shall include the following: (a) the case name and number; (b) the title of the form; (c) a brief description of the submitted information; (d) the name, address, and telephone number of the individual submitting the personal information; and (e) the statement “confidential information submitted pursuant to Rule 9 of the Hawai‘i Court Record Rules” and any other statute(s), rule(s), or order(s) that make the information confidential. (Amended June 21, 2012, effective September 1, 2012.) 9.4. Authorized Electronic Filing. If the flysheet and form are submitted by means of the authorized electronic filing process, the flysheet shall be filed as the lead document; the form shall be designated confidential and the “sealed” and “supporting document” options shall be selected before uploading. (Amended June 21, 2012, effective September 1, 2012.) 9.5. Sanctions. The court or hearing officer may impose appropriate monetary or other sanctions upon parties or attorneys who do not comply with this Rule 9, where the parties or attorneys have not shown good cause for failure to comply, or a good faith attempt to comply with this rule. (Amended June 21, 2012, effective September 1, 2012.)