Public Record Law Changes
The first substantive change to the public records law is found in the exemption for confidential information. In addition to exempting attorney-client communications and tax information, the statute now has an exemption for billing information of public utilities:
(c) Public Enterprise Billing Information. – Billing information compiled and maintained by a city or county or other public entity providing utility services in connection with the ownership or operation of a public enterprise is not a public record as defined in G.S. 132-1. Nothing contained herein is intended to limit public disclosure by a city or county of billing information:
(i) that the city or county determines will be useful or necessary to assist bond counsel, bond underwriters, underwriters’ counsel, rating agencies or investors or potential investors in making informed decisions regarding bonds or other obligations incurred or to be incurred with respect to the public enterprise;
(ii) that is necessary to assist the city, county, State, or public enterprise to maintain the integrity and quality of services it provides; or
(iii) that is necessary to assist law enforcement, public safety, fire protection, rescue, emergency management, or judicial officers in the performance of their duties.
As used herein, “billing information” means any record or information, in whatever form, compiled or maintained with respect to individual customers by any owner or operator of a public enterprise, as defined in G.S. 160A-311 and G.S. 153A-274, or other public entity providing utility services, relating to services it provides or will provide to the customer.
G.S. § 132-1.1.(c). This amendment is perhaps in answer to a 1997 Attorney General opinion in which T. Brooks Skinner, Jr. and Wanda Bryant, after finding that billing records met the threshold definition of public records, noted the bedrock principle that “absent a specific statutory exemption, these public records must be made available for public inspection pursuant to the Public Records Law.” With this change, the General Assembly provided a specific, statutory exemption.
The next two amendments to the public records law are a reflection of the proliferation of computers and technology in the operation of the government. The first protects account information when payment is made to the state by electronic means, and the second protects information that would reveal “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.” G.S. § 132-1.2(2) and (3). (Another addition to the public records law is protection for “security features of its electronic data processing systems, information technology systems, telecommunications networks, or electronic security systems, including hardware or software security, including passwords or security standards, procedures, processes, configurations, software, and codes.”) G.S. § 132-6.1(c).
The next exemptions protect from disclosure “emergency response plans” adopted by a the public universities, community colleges, or public hospitals and records related to “the planning and development of these emergency response plans,” as well as “specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities.” G.S. § 132-1.7. Notwithstanding exemption for the emergency response plan itself, information relating to the adoption of such plans and budgetary information concerning the authorization or expenditure of public funds to implement the plans remain public records.
Retention or destruction of public records is regulated by the Department of Cultural Resources. A new provision of the public records law allows that the Employment Security Commission may destroy original records that have been copied or that are at least three years old. G.S. § 132-3(c).
The changes to the law are not dramatic and may never even been “seen” by the average reporter. Be sure to get copies of the updated statutes for all your reporters, and call the Hotline (919-833-3833) if you have questions about any of the changes or visit www.ncmedialaw.com.