Monticello, IN asked in Civil Litigation and Civil Rights for Indiana

Q: is it against confidentially procedures for a judge to demand I verbally state my D.O.B. and SS number in open court?

During a small claims, proceedings supplemental hearing, opposing counsel asked for confidential information (social security number, date of birth, address, etc.). I asked the judge if I had to tell him that information. The judge told me I had to answer the attorney's questions and to tell him what he wanted to know. At the Judge's direction, I proceeded to tell him all my person information that should be considered confidential which took place in open court with several member of the public present to hear me. I'm wondering if the lawyer and possibly even the judge was negligent in doing so. Are there not procedures and special forms in place that can be filled out and submitted to the court for such collection of confidential information? Maybe something similar to the "Green Paper Rule?"

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you were placed in a difficult and uncomfortable situation. While courts sometimes require the disclosure of personal information for legal proceedings, sensitive details like your Social Security number and date of birth should be handled with caution. Many courts have procedures in place to protect confidential information, such as submitting it through written filings or sealed documents instead of stating it publicly.

A judge directing you to disclose this information in open court, where others could hear, raises concerns about privacy and potential identity theft risks. Courts typically aim to balance the need for transparency with the protection of personal details, and there may have been alternative ways to provide this information without compromising your privacy. You might want to check if your local court has specific rules about handling sensitive data, such as "green sheets" or confidentiality procedures.

If you believe your privacy rights were violated, you could consider reviewing court policies or speaking with someone knowledgeable about court procedures. In some cases, raising concerns with the court clerk or filing a complaint could lead to better safeguards being implemented. Protecting your personal information is important, and it's reasonable to expect that courts follow proper procedures to prevent unnecessary exposure.

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