North Carolina HB 923: Protect Personal Information/Judicial Personnel.
Status: Withdrawn From Com (as of 2025-06-17)
State: North Carolina · Session: 2025 · Bill: HB 923
Subjects: ATTORNEYS; COUNTIES; COURTS; DATA & RECORDS SYSTEMS; EMERGENCY SERVICES; INFORMATION TECHNOLOGY; INTERNET; LAW ENFORCEMENT; LAW ENFORCEMENT OFFICERS; LOCAL GOVERNMENT; MUNICIPALITIES; PERSONNEL; PRIVACY; PUBLIC; PUBLIC DEFENDERS; DISTRICT ATTORNEYS; RECORDS; ELECTRONIC GOVERNMENT; GOVERNMENT EMPLOYEES; LOCAL GOVERNMENT EMPLOYEES
Sponsors: Chesser, Schietzelt, Alston, Belk, Carney, Cervania, Harrison, Lofton, Morey, Prather, Rubin, Ward
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 923 Committee Substitute Favorable 4/29/25 Short Title: Protect Personal Info/Judicial Personnel. (Public) Sponsors: Referred to: April 14, 2025 *H923-v-2* A BILL TO BE ENTITLED 1 AN ACT TO REQUIRE REMOVAL OF PERSONAL IDENTIFYING INFORMATION 2 FROM WEBSITES MAINTAINED BY THE STATE, COUNTIES, AND CITIES WHEN 3 REQUESTED BY CERTAIN PROSECUTORS, PUBLIC DEFENDERS, AND JUDICIAL 4 PERSONNEL. 5 The General Assembly of North Carolina enacts: 6 SECTION 1. Chapter 132 of the General Statutes is amended by adding a new 7 section to read: 8 "§ 132-20. Removal of personal identifying information from public websites; judicial 9 personnel. 10 (a) Any judicial official may request, in writing, that all personal identifying information 11 be removed from any website, online computer database, or geographical information system 12 maintained by any public agency and available to the general public, provided the request 13 includes all of the following: 14 (1) The name of the judicial official. 15 (2) Information indicating the judicial official is eligible to make the request. 16 (3) The specific personal identifying information to be removed. 17 (b) Each public agency shall develop and make available a process by which any judicial 18 official may request removal of that individual's personal identifying information from any 19 website, online computer database, or geographical information system maintained by the public 20 agency and available to the general public. The request to remove personal identifying 21 information may also include a request to remove the personal identifying information of the 22 individual's spouse. 23 (c) The public agency must remove the personal identifying information if requested in 24 accordance with this section. The personal identifying information removed in accordance with 25 this section shall not be made available online again unless the public agency receives a written 26 revocation from the judicial official who made the original request. Personal identifying 27 information removed in accordance with this section continues to be a public record if it would 28 otherwise be subject to disclosure under this Chapter. 29 (d) Neither the request to remove the personal identifying information nor the revocation 30 of the request is a public record as defined by G.S. 132-1, and the public agency shall keep the 31 request and any revocation confidential. 32 (e) A public agency and its officers, officials, employees, and agents, both past and 33 present, in their official and individual capacity, shall be immune and held harmless from liability 34 in any action brought by or on behalf of any person injured or harmed by the action or inaction, 35 in good faith, of the public agency or its officers, officials, employees, and agents in 36 General Assembly Of North Carolina Session 2025 Page 2 House Bill 923-Second Edition implementing the provisions of this section. However, if the actions of an officer, official, 1 employee, or agent which result in harm were not within the course and scope of the duties of 2 the officer, official, employee, or agent, the officer, official, employee, or agent may be subject 3 to liability as an individual to the extent permitted by the laws of this State. 4 (f) For purposes of this section, the following definitions shall apply: 5 (1) Judicial official. – Any of the following individuals, while serving in that 6 capacity: 7 a. A magistrate. 8 b. A justice or judge of the general court of justice. 9 c. A district attorney or assistant district attorney. 10 d. An assistant attorney general employed by the North Carolina 11 Department of Justice. 12 e. A United States Attorney, Assistant United States Attorney, or Special 13 Assistant United States Attorney. 14 f. A public defender or assistant public defender. 15 g. A federal judge. 16 h. A clerk of the superior court. 17 i. A resource prosecutor employed by the Conference of District 18 Attorneys. 19 (2) Personal identifying information. – Excluding the name of the individual, any 20 of the following: 21 a. A physical residential address. 22 b. A personal phone number. 23 c. Any identifying information as defined in G.S. 14-113.20(b). 24 d. A birth certificate. 25 e. A marriage certificate." 26 SECTION 2. G.S. 132-6.1(a1) reads as rewritten: 27 "(a1) Notwithstanding G.S. 132-6.2(a), a public agency may satisfy the requirement under 28 G.S. 132-6 to provide access to public records in computer databases by making public records 29 in computer databases individually available online in a format that allows a person to view the 30 public record and print or save the public record to obtain a copy. A public agency that provides 31 access to public records under this subsection is not required to provide access to the public 32 records in the computer database in any other way; provided, however, that a a public agency 33 that provides access to public
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