Current through Session Law 2024-53
Section 132-1.2 - Confidential informationNothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that:
(1) Meets all of the following conditions:a. Constitutes a "trade secret" as defined in G.S. 66-152(3).b. Is the property of a private "person" as defined in G.S. 66-152(2).c. Is disclosed or furnished to the public agency in connection with the owner's performance of a public contract or in connection with a bid, application, proposal, industrial development project, or in compliance with laws, regulations, rules, or ordinances of the United States, the State, or political subdivisions of the State.d. Is designated or indicated as "confidential" or as a "trade secret" at the time of its initial disclosure to the public agency.(2) Reveals an account number for electronic payment as defined in G.S. 147-86.20 and obtained pursuant to Articles 6A or 6B of Chapter 147 of the General Statutes or G.S. 159-32.1.(3) Reveals a document, file number, password, or any other information maintained by the Secretary of State pursuant to Article 21 of Chapter 130A of the General Statutes.(4) Reveals the electronically captured image of an individual's signature, date of birth, drivers license number, or a portion of an individual's social security number if the agency has those items because they are on a voter registration document.(5) Reveals the seal of a licensed design professional who is licensed under Chapter 83A or Chapter 89C of the General Statutes that has been submitted for project approval to a local government under Article 11 of Chapter 160D of the General Statutes. Notwithstanding this exemption, a municipality or county that receives a request for a document submitted for project approval that contains the seal of a licensed design professional who is licensed under Chapter 83A or Chapter 89C of the General Statutes and that is otherwise a public record by G.S. 132-1 shall allow a copy of the document without the seal of the licensed design professional to be examined and copied, consistent with any rules adopted by the licensing board under Chapter 83A or Chapter 89C of the General Statutes regarding an unsealed document.(6) Reveals documents related to the federal government's process to determine closure or realignment of military installations until a final decision has been made by the federal government in that process.(7) Reveals name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or administers the drugs or supplies obtained for any purpose authorized by Article 19 of Chapter 15 of the General Statutes.(8)[As added by 2019 N.C. Sess. Laws 142,s. 6] Reveals the name, address, or other identifying information of any individual winning more than fifty million dollars ($50,000,000) in a lottery game who requests to remain anonymous for 90 days, as provided in G.S. 18C-132(j1).(8)[As added by 2019 N.C. Sess. Laws 156,s. 3] Reveals proprietary design work or work product included in a proposal that is submitted to the Department of Transportation for consideration, or any Department intra-agency communications related to the review of a proposal, during a competitive bid process. For the purposes of this subdivision, the competitive bid process is completed upon contract award. Proprietary design work, work product, or intra-agency communications that are otherwise public records pursuant to G.S. 132-1 are no longer confidential and subject to disclosure upon contract award.(10) Reveals information gathered to develop the report required by Section 11.11(d)(1) of S.L. 2022-74.N.C. Gen. Stat. § 132-1.2
Amended by 2023 N.C. Sess. Laws 11,s. 10.1, eff. 4/3/2023.Amended by 2022 N.C. Sess. Laws 62,s. 25, eff. 7/8/2022.Amended by 2019 N.C. Sess. Laws 156,s. 3, eff. 7/22/2019.Amended by 2019 N.C. Sess. Laws 142,s. 6, eff. 7/19/2019.Amended by 2015 N.C. Sess. Laws 198,s. 6, eff. 8/5/2015.Amended by 2014 N.C. Sess. Laws 79,s. 8, eff. 7/22/2014.Amended by 2009 N.C. Sess. Laws 346,s. 1, eff. 10/1/2009.Amended by 2004 N.C. Sess. Laws 0127, s. 17.(b), eff. 6/1/2005.Amended by 2003 N.C. Sess. Laws 0226, s. 5, eff. 6/19/2003.Amended by 2001-455, s. 2, eff. 5/1/2002.Amended by 2001-513, s. 30(b), eff. 7/1/2001. 1989, c. 269; 1991, c. 745, s. 3; 1999-434, s. 7.