North Carolina SB 416: Recruit/Retain Vol. Firefighters.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-79
SENATE BILL 416

*S416-v-6*
AN ACT TO ENACT THE PERSONAL PRIVACY PROTECTION ACT.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 55A of the General Statutes is amended by adding a new
Article to read:
"Article 18.
"The Personal Privacy Protection Act.
"§ 55A-18-01. Short title.
This Article may be cited as The Personal Privacy Protection Act.
"§ 55A-18-02. Purpose.
This Article prohibits public agencies from collecting, disclosing, or releasing personal
information about members, volunteers, and financial and nonfinancial donors to 501(c)
nonprofit organizations, except as permitted by State or federal law or regulation. This Article
provides penalties for violation of these privacy protections.
"§ 55A-18-03. Definitions.
In this Article, the following definitions apply:
(1) Nonprofit organization. – An entity that (i) is exempt from federal income tax
under section 501(c) of the Internal Revenue Code of 1986 or any successor
section, (ii) has submitted an application with the Internal Revenue Service
for recognition of an exemption under section 501(c) of the Internal Revenue
Code of 1986 or any successor section, or (iii) is a not-for-profit business
entity recognized under State law.
(2) Person. – As defined in G.S. 12-3.
(3) Personal information. – Any list, record, register, registry, roll, roster, or other
compilation of data of any kind that directly or indirectly identifies a person
as a member, supporter, volunteer, or donor of financial or nonfinancial
support to any nonprofit organization. For the purposes of this Article, the
terms "supporter" and "volunteer" shall not include members of the governing
board, officers, directors, or staff of a nonprofit organization.
(4) Public agency. – Any State or local governmental unit and its employees,
however designated, including, but not limited to, this State; any department,
agency, office, commission, board, division, or other entity of this State,
including all boards, departments, and divisions; any political subdivision of
this State, including, but not limited to, a county, city, local school
administrative unit, community college, or any other local governmental unit,
agency, authority, council, board, or commission; or any State or local court,
tribunal, or other judicial or quasi-judicial body.
"§ 55A-18-04. Protections afforded.
(a) Except as provided in G.S. 55A-18-05 of this Article, a public agency shall not do
any of the following:

Page 2 Session Law 2025-79 Senate Bill 416
(1) Require any person or nonprofit organization to provide the public agency
with personal information or otherwise compel the release of personal
information.
(2) Release, publicize, or otherwise publicly disclose personal information in
possession of the public agency.
(3) Request or require a current or prospective contractor or grantee with the
public agency to provide a list of nonprofit organizations to which the current
or prospective contractor or grantee has provided financial or nonfinancial
support.
(b) Personal information is not a public record under Chapter 132 of the General Statutes.
"§ 55A-18-05. Exemptions.
This Article does not preclude any of the following:
(1) Reporting or disclosure required by Article 22A of Chapter 163 of the General
Statutes.
(2) Issuing of a lawful warrant for personal information by a court of competent
jurisdiction.
(3) Request for discovery of personal information in litigation if both of the
following conditions are met:
a. The requestor demonstrates a compelling need for the personal
information by clear and convincing evidence.
b. The requestor obtains a protective order barring disclosure of personal
information to any person not named in the litigation.
(4) Admission of personal information as relevant evidence before a court of
competent jurisdiction. However, no court shall publicly reveal personal
information absent a specific finding of good cause.
(5) Releasing personal information by a public agency that was voluntarily
released to the public by the person or the nonprofit organization to which it
relates.
(6) Collection of information disclosing the identity of any director, officer,
registered agent, or incorporator of a nonprofit organization in any report or
disclosure required by statute to be filed with the Secretary of State. This
Article does not preclude an audit, examination, review, or investigation
pursuant to the authority of the Secretary of State under Chapters 10B, 55A,
78A, 78C, 78D, 120C, or 131F of the General Statutes so long as both of the
following apply:
a. The personal information is only used in connection with the specific
audit, examination, review, or investigation to which the request
relates and for any related proceedings.
b. Any personal information collected otherwise remains subject to
G.S. 55A-18-04(a)(2), unless expressly required by law to be publicly
disclosed.
(7) Disclosure of persona