Alabama Supreme Court Enacts New Privacy Rules

In a significant move impacting both transparency and privacy, the Alabama Supreme Court enacted new rules to safeguard sensitive information in court records while maintaining public access, effective January 1. This is important as it addresses growing concerns about the potential misuse of personal information while ensuring transparency in the judicial process.

Alabama litigators should be aware of these changes to adequately protect client information and navigate the new requirements for handling court records. Clients should be aware of these changes as these rules seek to protect sensitive information in court records, offering greater peace of mind regarding privacy during legal proceedings.

The rules consolidate a comprehensive guide into a single document detailing exceptions to the general right of access to public records, along with information regarding procedures, costs and task force notes.  The 29-page set of rules now apply to all Alabama appellate, circuit, district, juvenile, small claims, municipal and probate courts.

The rules reflect the Alabama Supreme Court’s holding in Holland v. Eads, which mandates that a trial court shall not seal court records except upon a written finding that the moving party has proved, by clear and convincing evidence, that the information contained in the document sought to be sealed:

• Constitutes a trade secret or other confidential commercial research or information,
• Is a matter of national security,
• Promotes scandal or defamation,
• Pertains to wholly private family matters, such as divorce, child custody, or adoption,
• Poses a serious threat of harassment, exploitation, physical intrusion, or other particularized harm to the action, or
• Poses potential harm to third persons, not parties to the litigation.

Court records that are sealed, exempted from public access due to confidentiality, or otherwise restricted from public access by state law, the Rules, another court rule, or court orders may not be disclosed to the public except by court order.

Article II., Rules 201 and 202, outline 96 categories of information and documents designated as privileged or confidential under state law, court rule, or other cited legal authority.  These categories include qualifying trade secrets, hospital records produced in response to a subpoena duces tecum, and certain financial documents. Any court record containing documents or information from one of the listed categories is also considered privileged and confidential and, therefore, exempt from public access.

The rules further specify procedures for sealing court records, redacting information, petitioning for access to sealed court records, and information regarding associated court fees. 

The person or entity filing or submitting information to a court is solely responsible for complying with all confidentiality requirements provided by state law, the rules, another court rule, or court orders. 

Please contact Brie Zarzour, Jordan Doggett Hawk, or any member of the Phelps Litigation team if you have questions or need advice or guidance.