Redaction of Personally Identifying Information

Reference Number: 

T.C.A. § 10-7-515 prohibits document preparers from placing personally identifying information on documents, other than powers of attorney, filed or recorded in the register's office.  However, registers cannot refuse to record a document based on failure of the preparer to comply with the law.  The validity of the document is also not affected by failure of the preparer to comply with this law.

Certain persons may request the register redact their personally identifying information from a document by submitting a written request form to the register.  If the record is in a format that permits redaction, the register shall record the request form and then redact the personally identifying information.  If redaction is not practicable, the register should not record the request form and should inform the requestor why redaction cannot occur either verbally or in writing.

Registers are authorized, on their own initiative, to redact any personally identifying information that is found on a recorded document maintained on a computer or removable computer storage media, including CD-ROM disk, if the records are stored in a manner that permits redaction.

Compliance with the requirements in § 10-7-515 satisfies all of the obligations of a county register under Section 10-7-504(a)(28) relative to the nondisclosure of personally identifying information.

For purposes of T.C.A. § 10-7-515, "personally identifying information" means:

(i) social security numbers

(ii) official state or government issued driver licenses or identification numbers

(iii) alien registration numbers or passport numbers

(iv) employer or taxpayer identification numbers

(v) unique biometric data (ex. fingerprints)

(vi) unique electronic identification numbers, addresses, routing codes, etc., which would allow an individual to obtain merchandise or otherwise financially encumber the legitimate possessor of the data