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RULE 16-910. ACCESS TO ELECTRONIC RECORDS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
MD Rules, Rule 16-910
RULE 16-910. ACCESS TO ELECTRONIC RECORDS
(a) In General. Subject to the other Rules in this Title and in Title 20 and other applicable law, a judicial record that is kept in electronic form is open to inspection to the same extent that the record would be open to inspection in paper form.
(b) Denial of Access.
(1) Restricted Information. A custodian shall take reasonable steps to prevent access to restricted information, as defined in Rule 20-101 (t), that the custodian is on notice is included in an electronic judicial record.
(2) Certain Identifying Information.
(A) In General. Except as provided in subsection (b)(2)(B) of this Rule, a custodian shall prevent remote access to the name, address, telephone number, date of birth, e-mail address, and place of employment of a victim or nonparty witness in:
(i) a criminal action,
(ii) a juvenile delinquency action under Code, Courts Article, Title 3, Subtitle 8A,
(iii) an action under Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), or
(iv) an action under Code, Courts Article, Title 3, Subtitle 15 (peace order).
(B) Exception. Unless shielded by a protective order, the name, office address, office telephone number and office e-mail address, if any, relating to law enforcement officers, other public officials or employees acting in their official capacity, and expert witnesses, may be remotely accessible.
(C) Notice to Custodian. A person who places in a judicial record identifying information relating to a witness shall give the custodian written or electronic notice that such information is included in the record, where in the record that information is contained, and whether that information is not subject to remote access under this Rule, Rule 1-322.1, Rule 20-201, or other applicable law. Except as federal law may otherwise provide, in the absence of such notice a custodian is not liable for allowing remote access to the information.
(c) Availability of Computer Terminals. Clerks shall make available at convenient places in the courthouses computer terminals or kiosks that the public may use free of charge in order to access judicial records and parts of judicial records that are open to inspection, including judicial records as to which remote access is otherwise prohibited. To the extent authorized by administrative order of the Chief Judge of the Court of Appeals, computer terminals or kiosks may be made available at other facilities for that purpose.
Cross reference: Rule 20-109.
Source: This Rule is derived from former Rule 16-1008.1 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017; Mar. 6, 2018.]

Editors' Notes

HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, renumbered Rule 16-909 as 16-910; changed the term “court record” to “judicial record” throughout the Rule; deleted subsection (b)(2)(B); added the words “or kiosks” to section (c); and added a cross reference at the end of the Rule.
2018 Orders
The March 6, 2018 order, restored former subsection (b)(2)(B) to the Rule.
MD Rules, Rule 16-910, MD R CTS J AND ATTYS Rule 16-910
Current with amendments received through November 15, 2019.
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