Missouri Courts Redaction Under Scrutiny

Government records are redacted for a variety of reasons including to protect secrets and keep identities safe. This is of particular concern with documents that need to be made available to the public online like many land and court records. Many of these files contain social security numbers, dates of birth, and other pieces of personally identifiable information (PII) that can be used to steal someone’s identity.

Other reasons for redaction include personal security. In 2023, Missouri passed a law requiring judges and lawyers to redact PII and names of victims and witnesses in court filings, judicial orders, and opinions. This is to ensure that people feel safe testifying or bringing a court case forward without fear of retribution.

A new lawsuit in Cole County Circuit Court is challenging this law. The Missouri Broadcasters Association and other media partners believe it to be unconstitutional under the Missouri Constitution’s “Open Courts” provision and under the First Amendment of the United States Constitution.

The Attorney General’s office that is defending against the lawsuit agrees that blanket redaction of witnesses and victims would be unconstitutional but doesn’t believe that the law actually requires this.

The transparency and context needed for news organizations to report is something that needs to be in balance with the privacy and safety of residents. Witnesses and victims, in particular, require more consideration as to their privacy in court than an accused criminal. Guilty parties have rights too though, and we’ve seen that consideration for their data is also very important. In York County, PA, a redaction program was enacted to protect citizens convicted of driving under the influence. Criminals were using court filings that contained social security numbers to steal identities, leaving the county with two crimes instead of one.

Redaction programs can be difficult to implement because the competing interests both seem to serve the public good. As we’re seeing in Missouri, even the language and interpretation of a statute matter. Changes to redaction laws are a big deal though, as they generally need to be applied retroactively to ensure any available documents are in compliance.

When dealing with millions of documents and sensitive information, it isn’t practical or in the best interest of privacy to look for sensitive information manually. Large redaction projects can be completed more quickly and accurately with an automated redaction solution. If you’re interested in learning more about our redaction software or would like to see a demonstration, please reach out and we’ll be in touch shortly.

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