On May 22,2019 the Michigan Supreme Court established a rule that would remove protective personal identifying information, as defined by the Court, from public records. The effective date for this rule was initially January 1, 2021. However, on November 18, 2020 the Michigan Supreme Court amended the effective date of the Rule from January 1, 2021 to July 1, 2021.
Based on this amendment change effective July 1, 2021, certain personal identifying information will be considered nonpublic and may only available to parties in the case and other interested persons as legally defined.
According to the Rule, “Nonpublic documents or information simply means the public does not have the right to access those documents or information, but the documents or information is always accessible to parties, their attorneys, and others expressly permitted access by statute or court rule”. Some courts may allow the acceptance of a consent form to verbally confirm or release this data, however the policies and practices will be at the discretion of the local courts and judges.
Specifically, the new Rule states that the subset of personal identifying information that will be protected under the new Michigan Court Rule include the following:
- date of birth
- Social security number or national identification number
- driver’s license number or state-issued personal identification number
- passport number, and
- financial account numbers.
First Advantage is actively engaged with our court research partners to assess the potential impact of this Rule, and to evaluate process or procedural changes that may be necessary. Additionally, First Advantage is continuing our outreach efforts to Michigan officials and working diligently with industry associations to request the Court to reconsider the requirements and/or implementation of this Rule.
Link to the Michigan Court Rule: Michigan Court Rule
The foregoing information is not offered as legal advice but is instead offered for informational purposes. First Advantage Corporation is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. First Advantage Corporation makes no assurances regarding the accuracy, completeness, currency or utility of the above information. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly.
