Safely eFiling Confidential Documents in Illinois Courts

Illinois has moved almost entirely to electronic filing for civil cases, which streamlines court access but also raises critical questions about privacy and the handling of confidential information. Filers must now balance the convenience of eFiling with strict obligations to protect sensitive data and comply with court rules governing secured and public records.

1. The Landscape of eFiling and Confidentiality in Illinois

The Illinois Supreme Court requires most civil documents to be filed electronically through the statewide electronic filing manager, commonly referred to as eFileIL. At the same time, the Court has adopted detailed procedures for documents that contain confidential, impounded, or sealed information.

Understanding how these systems interact is essential for:

• Attorneys who must preserve client confidentiality and avoid sanctions
• Self-represented litigants who are responsible for their own filings
• Law firm staff who prepare and submit documents

1.1 Key concepts: public vs. confidential vs. impounded

Illinois court records generally fall into three broad categories under Supreme Court rules and local procedures:

2. Who Is Responsible for Protecting Confidential Information?

Illinois rules make it explicit that the filer is primarily responsible for safeguarding confidential information in electronic filings. Court staff and electronic systems assist in protecting restricted records, but they do not replace the filer’s obligations.

2.1 Duties imposed on filers

Under local rules and Supreme Court guidance, filers must:

• Ensure that documents do not improperly disclose confidential, sealed, or impounded information unless properly filed as such
• Redact personal identifiers where required by rule
• Use the correct procedures and designations when submitting confidential documents electronically
• File any required notices or motions when including full personal identity information

2.2 Personal identity information and mandatory redaction

Local rules tied to Illinois Supreme Court Rules 15, 138, and 364 require filers to remove, or file separately, certain categories of personal identity information from public documents. Examples typically include:

• Social Security numbers
• Full financial account numbers
• Driver’s license numbers and similar identifiers
• Names of minors in certain case types

Only when a law, court order, or case circumstances require full disclosure may these identifiers be filed, and then only with additional protective steps (such as a confidential notice form filed under seal).

3. How to Properly eFile Confidential Documents

Confidential material can be submitted electronically in Illinois, but only if the filer follows the Supreme Court’s electronic filing procedures and local rules.

3.1 Using the “confidential” designation in eFileIL

The Illinois Supreme Court’s Electronic Filing Procedures and User Manual instructs filers to explicitly mark confidential, impounded, or sealed documents as such within the eFiling system.

• When filing a document that should not be publicly accessible, the filer must select the appropriate confidential checkbox or drop-down option at the time of submission.
• A motion for leave to file a confidential document must itself be clearly designated as a motion relating to a confidential filing in the system.

This electronic designation is what allows court staff and integrated systems to treat the filing as secured and restrict public access.

3.2 Motion practice and separate transactions

For many confidential filings, a motion for leave to file under seal or as confidential is required. The User Manual specifies that the motion and the confidential document should be submitted as separate transactions within the eFiling system.

• The motion is filed in one transaction and is generally public, unless it also contains sensitive information.
• The confidential document is filed in a separate transaction, marked as confidential, and associated with the same case.

This dual transaction structure helps keep the confidential contents segregated from the public case record.

3.3 When conventional (paper) filing may still be used

While eFiling is the statewide default, some local rules historically required certain categories of confidential or highly sensitive documents to be filed conventionally, especially where electronic systems were not fully integrated. For example, earlier Cook County administrative orders excluded documents containing specific types of confidential information from eFiling and required paper filing instead.

Current practice can vary by county and case type, so filers should:

• Review up-to-date local rules and general administrative orders for the relevant circuit
• Confirm with the clerk’s office whether particular confidential documents may be eFiled or must be filed conventionally

4. How Illinois Systems Protect Confidential eFiled Records

Illinois uses a centralized electronic filing manager (eFileIL) and separate access tools for viewing case documents. One of these is re:SearchIL, an application designed to provide remote access to court records while honoring confidentiality designations.

4.1 eFileIL and re:SearchIL integration

In implementing statewide eFiling, the Illinois Supreme Court adopted a model where eFiled documents submitted through eFileIL can be made available through re:SearchIL as courts transition to electronic access. The intent is to allow:

• Judges, clerks, and court staff to see complete electronic case files
• Authorized parties to access their cases remotely
• The public to view non-confidential documents, consistent with open records principles

4.2 Role of clerks in flagging confidential records

The Supreme Court has tasked circuit clerks with identifying and marking confidential documents in both their local case management systems and in re:SearchIL. As integration improves, confidential designations in the local system are intended to automatically inform re:SearchIL which documents must be blocked from public view.

This division of labor means that:

• The filer must correctly mark documents as confidential at submission
• The clerk must maintain accurate confidentiality flags as documents move between systems

5. Practical Privacy Protection: Redaction and Metadata Removal

Even when a document will be publicly accessible, filers are required to protect sensitive data through redaction and careful document preparation. These obligations are separate from the question of whether a filing is designated as confidential.

5.1 Redacting personal information

For documents that will be filed publicly, filers should:

• Omit personal identifiers whenever they are not legally necessary
• Redact identifiers that must be referenced but not fully disclosed (for example, using only the last four digits of an account number)
• Use proper digital redaction tools, not simple visual cover-ups that can be reversed

Local rules often require a separate confidential notice or attachment when full personal identity information is filed so it can be maintained under seal while the public document remains redacted.

5.2 Understanding metadata and its risks

Electronic documents often contain metadata—hidden information such as revision history, tracked changes, comments, and the names of previous authors. If not removed, metadata can expose:

• Earlier unredacted drafts containing sensitive numbers or names
• Attorney work product or internal comments
• Negotiation history and document changes that were never meant to be public

Illinois guidance encourages filers to submit documents in a stable, unalterable format (typically a text-searchable PDF) and to ensure that metadata is not inadvertently disclosed in public court records.

5.3 Recommended document-preparation workflow

To minimize privacy risks, many firms adopt a workflow similar to the following before eFiling:

• Finalize the document in a word processor, accepting or rejecting all tracked changes
• Use the software’s inspect or scrub function to remove hidden metadata
• Apply redactions using a tool designed for permanent redaction, not simple black boxes
• Convert the document to a searchable, non-editable PDF as required by local rules for eFiled documents

6. Common Pitfalls and How to Avoid Them

Despite clear rules, several recurring mistakes lead to inadvertent disclosure of sensitive information in Illinois eFilings.

6.1 Failing to use the confidential designation

One common error is filing a document that should be sealed but neglecting to select the confidential option in the eFiling interface. Consequences may include:

• Temporary public availability of sensitive documents
• Potential harm to parties whose information is exposed
• Corrective motions and orders, adding delay and cost

Best practice is to double-check the confidentiality status before final submission and to train all staff who interact with the eFiling system.

6.2 Redacting visually instead of technically

Another risk is relying on superficial redaction methods, such as covering text with black boxes or white highlights inside a word processor, instead of using proper redaction tools. In many cases, the underlying text remains searchable and can be revealed by copying, pasting, or examining the file.

Effective redaction requires tools that remove the underlying text layer and confirm that the redacted information cannot be recovered.

6.3 Leaving metadata intact

Submitting source files (for example, word processing documents) or PDFs created without metadata scrubbing can leave revision history and deleted content accessible. Because Illinois systems allow documents to be downloaded and searched, this metadata may be accessible to anyone with access to the file.

7. Quick Checklist for eFiling Confidential or Sensitive Documents

Before clicking “submit” in eFileIL, use this brief checklist as a safeguard:

• Have you determined whether the document should be public, redacted, or filed as confidential/sealed?
• If confidential, have you prepared and, if required, filed a motion for leave in a separate transaction as directed by the User Manual?
• Did you select the correct confidential or similar type in the eFiling system for any document that must not be public?
• Have you removed or redacted all personal identity information that must not appear in the public record under applicable rules?
• Has metadata been scrubbed and the document converted to a searchable, non-editable PDF where required?
• Have you confirmed that attached exhibits or appendices do not inadvertently disclose unredacted data?

8. Frequently Asked Questions (FAQs)

Q1: Can I eFile documents that contain confidential information in Illinois?

Yes. Illinois allows confidential, sealed, or impounded documents to be eFiled, but they must be clearly designated as confidential in the eFiling system and often must be accompanied by a motion for leave or other court order authorizing the confidential status.

Q2: Who is responsible if confidential information appears in a public eFiled document?

Rules place primary responsibility on the filer to ensure that electronically filed documents do not improperly disclose confidential, impounded, or personal identity information. The court and clerk’s office rely on the filer’s designations and redactions.

Q3: Do I always need to file a motion before submitting a confidential document?

In many situations, yes. The Supreme Court’s User Manual explains that a motion for leave to file a confidential document must itself be filed and clearly designated, with the confidential document submitted separately and marked as confidential. Some case types or standing orders may provide different procedures, so local rules should be consulted.

Q4: Is it safer to file sensitive documents on paper instead of electronically?

Historically, some local orders required certain highly sensitive documents to be filed conventionally rather than electronically, but the statewide system now supports confidential eFiling. The safer method depends on current local rules, technological protections, and proper use of confidentiality tools in eFileIL.

Q5: What format should I use for eFiled documents?

Local rules typically require that electronically filed documents be unalterable, printable with consistent formatting, and text-searchable—conditions that are usually satisfied by properly generated PDFs. Where proposed orders or similar documents are required, courts may specifically direct filers to generate the PDF directly from the word-processing program.

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Author

medha deb

 

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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