What should a clerk do when the public requests a record containing a social security number?

What should a clerk do when the public requests a record containing a social security number?

• A. The clerk can release records at their discretion
• B. The clerk should always pass requests for records to the judge to determine whether it should or can be released
• C. The clerk should redact information before release
• D. The clerk must deny all requests for records with social security numbers

Answer: (B)

When a record includes a social security number, releasing it demands careful legal consideration to protect privacy and comply with the law. The clerk should route the request to the judge to determine whether disclosure is allowed or must be limited, and how it should be released. The judge can apply the Public Information Act exemptions, decide if the information must be redacted, or determine that it must be withheld altogether. This centralized determination helps ensure the decision is legally sound and protects the individual's privacy while permitting permissible access. In practice, the clerk processes the request and then implements the judge’s ruling. Releasing at the clerk’s discretion would risk improper disclosure, and denying every request would be overly broad. While redaction can be used, the final decision on whether and how to disclose rests with the judge based on statutory exemptions and privacy considerations.

When a record includes a social security number, releasing it demands careful legal consideration to protect privacy and comply with the law. The clerk should route the request to the judge to determine whether disclosure is allowed or must be limited, and how it should be released. The judge can apply the Public Information Act exemptions, decide if the information must be redacted, or determine that it must be withheld altogether. This centralized determination helps ensure the decision is legally sound and protects the individual's privacy while permitting permissible access.

In practice, the clerk processes the request and then implements the judge’s ruling. Releasing at the clerk’s discretion would risk improper disclosure, and denying every request would be overly broad. While redaction can be used, the final decision on whether and how to disclose rests with the judge based on statutory exemptions and privacy considerations.