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Highly Sensitive Document (HSDs)
In January 2021, due to widespread breaches of both private sector and government computer systems, the Court adopted new security procedures to protect highly sensitive documents (HSDs) that, if improperly disclosed, could cause harm to the United States, the Federal Judiciary, litigants, or others. Parties are required to file HSDs in paper form (or, if digital media, on a secure electronic device such as an encrypted USB drive). These documents are maintained in the Clerk’s Office in a secure paper filing system or a secure independent electronic storage system.
The designation of a document as highly sensitive is typically made by the district court or originating agency. Documents that have previously been designated by the district court or an agency as highly sensitive will presumptively be treated in the same manner by this Court. Requests to designate documents as highly sensitive for the first time on appeal should be made by filing a motion along with the documents. In addition, a party may move to designate a previously filed document as highly sensitive. Motions to designate documents as highly sensitive must be filed in paper format and address the factors listed in Section (c)(ii) of the attached guidance from the Administrative Office of the U.S. Courts.
HSDs are defined as documents or other materials that contain sensitive, but unclassified, information that warrants exceptional handling and storage procedures to prevent significant consequences that could result if such information were obtained or disclosed in an unauthorized way. Examples of HSDs include ex parte sealed filings relating to: national security investigations, cyber investigations, and especially sensitive public corruption investigations; and documents containing a highly exploitable trade secret, financial information, or computer source code belonging to a private entity, the disclosure of which could have significant national or international repercussions.
Most sealed documents do not meet the definition of HSD. The following types of sealed documents typically will not qualify as HSDs: (1) presentence and pretrial release reports; (2) pleadings related to cooperation in criminal cases; (3) Social Security records; (4) administrative immigration records; and (5) applications for search warrants or interception of wire, oral, or electronic communications under 18 U.S.C. § 2518, and applications for pen registers, trap, and trace devices. These sealed documents will continue to be subject to the Court’s usual procedures for restricted access and should be submitted using the Court’s secure Box.com file repository, which can be accessed through this link: Box.
Any party that intends to file an HSD or has a question about whether a particular document meets the definition of HSD should contact the Clerk’s Office at 202-216-7310 for additional guidance. More information can be found in this announcement: HSD Notice April 2024.