Issues regarding court data security/confidentiality

Security prior to JIMS integration with re:SearchIL (during "repository mode")

  1. Only e-filed documents are available.
  2. Whenever you secure a  case/document in JIMS/Imaging, you need to secure it manually in re:SearchIL.
  3. If you put items such as the following into Imaging after 7/1/2018, you should secure them manually, because they could contain sensitive information.
    1. Old  case files (all or a portion)
    2. Exhibits
    3. Written/paper record sheets

Security once JIMS is integrated with re:SearchIL

Disclaimer: Any information regarding the operations of re:SearchIL is based on our Goodin Associates' understanding of how re:SearchIL uses the data and documents we provide it.  Goodin recommends that you confirm all such information with re:SearchIL staff.

re:SearchIL is supposed to defer to individual case and document security status flags set by the court

Every time case parties, attorneys or documents are changed (including case/document security status), re:Search requests a new snapshot of all the data from the court (see How re:SearchIL integration works).  This includes the case security status and the document index/list (which indicates document security status).  As of June 2018, Tyler agreed to use the new court data in lieu of whatever they previously had on the case, including e-filed documents. 

Setting the proper subtype is critical

Assuming the case has the proper subtype, JIMS and Judici will secure it in accordance with the Manual on Recordkeeping (e.g. case type AD or subtype 419 for search warrants).  It is the responsibility of re:SearchIL to do the same.  The Clerk should not have to secure each case individually.

So who is responsible for setting the subtype to trigger JIMS to secure it?  If the case is e-filed, then the filer does. But if the case is created directly in JIMS, then Clerk staff do this.
  • This is particularly important on search warrants, to make sure such cases aren't made public on re:SearchIL or Judici. Courts presently entering such cases manually should consider requiring filers to e-file them, as required under Supreme Court order M.R. 18368

re;SearchIL has role-based security to decide who can see secure data/documents

When Tyler requests a case, we can't tell whether the request is from eFileIL or re:SearchIL.  So to make sure that a cases is always available for e-filing, we return the case even if it's secured individually or based on case type/subtype (e.g. adoption and search warrant).  So, just like JIMS and Judici, re:SearchIL is responsible for what someone sees on re:SearchIL.

If a case is secured in JIMS you should not have to secure the documents in Imaging

Appendix 3 of the Manual on Recordkeeping indicates which kinds of documents should be secured.  Goodin isn't aware of any other obligations to secure documents, other than  2(c) of Section L of the Manual on Recordkeeping (as follows) which clearly allows for case-level codes to control access to documents on impounded cases:

Any record of an impounded case that is maintained on an automated case management system, including any portion of the Basic Record such as the Record Sheet, may be restricted by the use of access codes limited to authorized personnel.

re:SearchIL doesn't keep copies of your documents

They only store the document index.  They only get documents from the court when someone asks for it... and they don't keep that copy very long.

Worried that you have cases or documents on re:Search which you secured in JIMS/Imaging, but not in re:Search?

  • You're right to worry- as of late-2018, re:Search did not always secure cases and documents when you secure them in JIMS/Imaging.  Until they fix this, you should really check re:Search a few hours after your update, and secure the case/document if they didn't.  For more on how to do this, contact re:Search support using the e-mail address or phone number at the bottom of re:Search web pages.
    • That being said, remember that the next time case parties, attorneys or documents are changed, re:Search requests a full snapshot of all the data, including case/document security status. So they might catch the security change after it was originally made at the court.

Key limitations on court document access (as of mid-October 2018, though this will likely change)

  1. re:SearchIL access is limited to Clerk staff, judges and the attorneys of record on the case, though the AOIC says that the public will have access someday.  
  2. JIMS does not yet provide secure documents or documents from secure cases, as per AOIC direction due to open issues about re:SearchIL security practices.
  3. At one point, re:SearchIL added a feature to make sure they don't show documents from prior to the 7/1/2018 re:SearchIL mandate, because:
    1. Some Clerks operated in repository mode prior to that date and aren’t confident that things were getting secured manually back then.
    2. If JIMS updates re:Search on an old case from a time prior to when SCR 138 put the burden of redaction on filers, unsecured documents containing confidential information not redacted by Clerks would wind up public.