AN ACT to require removal of personal identifying information from websiteS MAINTAINED BY the state, COUNTIES, AND CITIES WHEN REQUESTED BY CERTAIN PROSECUTORS, PUBLIC DEFENDERS, AND JUDICIAL personnel.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 132 of the General Statutes is amended by adding a new section to read:

§ 132‑20.  Removal of personal identifying information from public websites; judicial personnel.

(a)        Any judicial official may request, in writing, that all personal identifying information be removed from any website, online computer database, or geographical information system maintained by any public agency and available to the general public, provided the request includes all of the following:

(1)        The name of the judicial official.

(2)        Information indicating the judicial official is eligible to make the request.

(3)        The specific personal identifying information to be removed.

(b)        Each public agency shall develop and make available a process by which any judicial official may request removal of that individual's personal identifying information from any website, online computer database, or geographical information system maintained by the public agency and available to the general public. The request to remove personal identifying information may also include a request to remove the personal identifying information of the individual's spouse.

(c)        The public agency must remove the personal identifying information if requested in accordance with this section. The personal identifying information removed in accordance with this section shall not be made available online again unless the public agency receives a written revocation from the judicial official who made the original request. Personal identifying information removed in accordance with this section continues to be a public record if it would otherwise be subject to disclosure under this Chapter.

(d)       Neither the request to remove the personal identifying information nor the revocation of the request is a public record as defined by G.S. 132‑1, and the public agency shall keep the request and any revocation confidential.

(e)        A public agency and its officers, officials, employees, and agents, both past and present, in their official and individual capacity, shall be immune and held harmless from liability in any action brought by or on behalf of any person injured or harmed by the action or inaction, in good faith, of the public agency or its officers, officials, employees, and agents in implementing the provisions of this section. However, if the actions of an officer, official, employee, or agent which result in harm were not within the course and scope of the duties of the officer, official, employee, or agent, the officer, official, employee, or agent may be subject to liability as an individual to the extent permitted by the laws of this State.

(f)        For purposes of this section, the following definitions shall apply:

(1)        Judicial official. – Any of the following individuals, while serving in that capacity:

a.         A magistrate.

b.         A justice or judge of the general court of justice.

c.         A district attorney or assistant district attorney.

d.         An assistant attorney general employed by the North Carolina Department of Justice.

e.         A United States Attorney, Assistant United States Attorney, or Special Assistant United States Attorney.

f.          A public defender or assistant public defender.

g.         A federal judge.

h.         A clerk of the superior court.

i.          A resource prosecutor employed by the Conference of District Attorneys.

(2)        Personal identifying information. – Excluding the name of the individual, any of the following:

a.         A physical residential address.

b.         A personal phone number.

c.         Any identifying information as defined in G.S. 14‑113.20(b).

d.         A birth certificate.

e.         A marriage certificate.

SECTION 2.  G.S. 132‑6.1(a1) reads as rewritten:

(a1)    Notwithstanding G.S. 132‑6.2(a), a public agency may satisfy the requirement under G.S. 132‑6 to provide access to public records in computer databases by making public records in computer databases individually available online in a format that allows a person to view the public record and print or save the public record to obtain a copy. A public agency that provides access to public records under this subsection is not required to provide access to the public records in the computer database in any other way; provided, however, that a a public agency that provides access to public records under this subsection shall comply with G.S. 132‑20 to remove any personal identifying information from an online computer database upon the request of a judicial official. A public agency that provides access to public records in computer databases under this subsection shall also allow inspection of any of such public records that the public agency also maintains in a nondigital medium.

SECTION 3.  G.S. 132‑10 reads as rewritten:

§ 132‑10.  Qualified exception for geographical information systems.

(a)        Geographical information systems databases and data files developed and operated by counties and cities are public records within the meaning of this Chapter. The county or city shall provide public access to such systems by public access terminals or other output devices. Upon request, the county or city shall furnish copies, in documentary or electronic form, to anyone requesting them at reasonable cost. As a condition of furnishing an electronic copy, whether on magnetic tape, magnetic disk, compact disk, or photo‑optical device, a county or city may require that the person obtaining the copy agree in writing that the copy will not be resold or otherwise used for trade or commercial purposes.

(b)        A county or city shall comply with G.S. 132‑20 to remove any personal identifying information from a geographical information system database upon the request of a judicial official.

(c)        For purposes of this section, publication or broadcast by the news media, real estate trade associations, or Multiple Listing Services operated by real estate trade associations shall not constitute a resale or use of the data for trade or commercial purposes and use of information without resale by a licensed professional in the course of practicing the professional's profession shall not constitute use for a commercial purpose. For purposes of this section, resale at cost by a real estate trade association or Multiple Listing Services operated by a real estate trade association shall not constitute a resale or use of the data for trade or commercial purposes.

SECTION 4.  G.S. 153A‑98(c4) reads as rewritten:

(c4)    Even if considered part of an employee's personnel file, the following information regarding any sworn law enforcement officer shall not be disclosed to an employee or any other person, unless disclosed in accordance with G.S. 132‑1.4, or in accordance with G.S. 132‑1.10, or for the personal safety of that sworn law enforcement officer or any other person residing in the same residence:

(1)        Information that might identify concerning the residence of a sworn law enforcement officer.

(2)        Emergency contact information.

(3)        Any identifying information as defined in G.S. 14‑113.20.

SECTION 5.  G.S. 160A‑168(c4) reads as rewritten:

(c4)    Even if considered part of an employee's personnel file, the following information regarding any sworn law enforcement officer shall not be disclosed to an employee or any other person, unless disclosed in accordance with G.S. 132‑1.4, or in accordance with G.S. 132‑1.10, or for the personal safety of that sworn law enforcement officer or any other person residing in the same residence:

(1)        Information that might identify concerning the residence of a sworn law enforcement officer.

(2)        Emergency contact information.

(3)        Any identifying information as defined in G.S. 14‑113.20.

SECTION 6.  This act is effective January 1, 2027.