Alabama lawyers, it’s time to familiarize yourselves with the new Alabama Rules of Court-Record Privacy and Confidentiality issued by the Alabama Supreme Court effective January 1, 2025. These rules provide important protections for sensitive information in court records due to growing concerns about protecting privacy, while at the same time maintaining public access and ensuring transparency in the judicial process.
Alabama law has long held that “every citizen has a right to inspect and take a copy of any public writing of the state, except as otherwise expressly provided by statute.” Ala. Code § 36-12-40 (1975). The Alabama Supreme Court has held that a trial court shall hold a hearing if a motion to seal is filed, and shall not seal court records except upon a written finding, based on proof by clear and convincing evidence, that the information sought to be sealed constitutes (1) a trade secret or confidential commercial research or information; (2) is a matter of national security; (3) promotes scandal or defamation; (4) pertains wholly to private family matters, such as divorce, child custody, or adoption; (5) poses a serious threat of harassment or other particularized harm; or (6) poses potential harm to nonparties to the litigation. Holland v. Eads, 614 So. 2d 1012 (Ala. 1993).
Throughout the years, Alabama has promulgated over 100 statutes across 27 different titles of the Alabama Code covering privacy and confidentiality for various types of records filed in the courts. The new rules provide a comprehensive policy regarding access to court records, in a single document applicable to all Alabama courts – appellate, circuit, district, juvenile, small claims, municipal, and probate.
The Rules are not intended to create, expand or restrict rights of access to court records.
Rather, the Alabama Rules of Court-Record Privacy and Confidentiality provide that records designated as privileged or confidential under federal or state law, court rule, or other legal authority, are exempt from public access, and outline 91 categories of information already designated as privileged or confidential in Alabama, including, for example, communications protected by various privileges - marital, attorney-client, clergy, psychotherapists or counselors; abuse and neglect records; location of at-risk children in interstate custody proceedings; adoption papers; criminal history information; vital records; juror and deliberation information; certain captive insurer filings; qualifying trade secrets; hospital records produced pursuant to subpoena; peer review/quality control committee records; certain financial documents; and documents filed with a court for in camera review. See Article II, Rule 201. The Rules recognize that this is not an exhaustive list, so they include a catchall provision covering any other court record or information therein that is declared confidential or privileged by state law, the Rules, other court rule, or court order. Rule 201(B)(91).
Rule 202 further provides that social security, tax ID and financial/medical account numbers of individuals, financial documents, names of minor children alleged to be crime victims, information about criminal victims, and plaintiff’s address and telephone numbers or confidential location information in Protection from Abuse or domestic violence proceedings are confidential and exempt from public access. These must be redacted in accordance with Ala. R. Civ. P. 5.1(a) and (b).
Court records may not be disclosed to the public except by court order if they are sealed, exempted from public access due to confidentiality, or otherwise restricted from public access by state law, the Rules, or another court rule. See Rule 104. The new Rules set forth procedures for sealing court records and petitioning the court for access to sealed records in civil cases, as well as for redacting information in filings. See Rules 301, 302, and 303.
Why does this matter to you and your clients?
When you file or submit confidential information, you have the sole responsibility to comply with the confidentiality requirements provided by state law, the rules, another court rule, or court orders. See Rule 105. The clerk or custodian of court records does not have the responsibility to identify information filed with the clerk’s office as confidential or otherwise restricted from public access, nor do they have the obligation to redact or remove confidential information. Id. Our clients, many of whom are the most vulnerable in society, can now have the peace of mind to know that there are comprehensive and transparent rules to protect their privacy during legal proceedings.
We are fortunate now to have a set of Alabama privacy rules in one place, making compliance far easier than it has ever been. Litigators should keep a copy of the new Rules handy and train their subordinate attorneys and staff regarding the scope and procedures of these Rules.
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Sharon Stuart has been a member of AIM's Board of Directors since 2001. She has served as Chair of the Marketing Committee and a member of the Investment/Audit, Underwriting, Personnel and Executive Committees. Sharon has served as President & Claims Counsel for AIM since 2019.
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