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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 identifie s a person
as a member, supporter, volunteer, or donor of financial or nonfinancial
support to any nonprofit organization. For the purposes of th is 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:
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(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 personal information derived from a donation to a nonprofit
organization that is affiliated with a public agency and required by statute, if
the person has not previously r equested anonymity from the nonprofit
organization.
(8) Collection and reporting by a national securities association that is registered
pursuant to 15 U.S.C. § 78o-3, any regulations adopted under it, or any
information that the national securities associ ation is required to provide
pursuant to State law.
(9) Requests by the Attorney General for personal information required for an
audit, examination, review, or investigation pursuant to Chapters 36C, 36E,
Senate Bill 416 Session Law 2025-79 Page 3
55A, 75, and 131F of the General Statutes . P ersonal information provided
pursuant to this exception shall only be used in connection with the specific
audit, examination, review, or investigation to which the request relates and
for any related proceedings . Any personal information collected shall
otherwise remain subject to the provisions of G.S. 55A-18-04(a)(2), unless
expressly required by law to be publicly disclosed.
"§ 55A-18-06. Penalties.
(a) A person alleging a violation of this Article may bring a civil action for appropriate
injunctive relief, damages, or both. Damages awarded under this section may include one of the
following, as appropriate:
(1) A sum of money not less than two thousand five hundred dollars ($2,500) to
compensate for injury or loss caused by each violation of this Article.
(2) For an intentional violation of this Article, a sum of money not to exceed three
times the sum described in subdivision (1) of this subsection.
(b) A court, in rendering a judgment in an action brought under this Article, may award
all or a portion of the costs of litigation, including reasonable attorneys' fees and witness fees, to
the complainant in the action if the court determines that the award is appropriate.
(c) A person who knowingly violates this Article is guilty of a Class 2 misdemeanor.
"§ 55A-18-07. Severability.
If any provision of this Article or its application to any person or circumstance is held invalid,
then the invalidity shall not affect other provisions or applications of this Article that can be given
effect without the invalid provision or application and, to that end, the provisions of this Article
shall be severable."
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses
committed on or after that date.
In the General Assembly read three times and ratified this the 30th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
VETO Josh Stein
Governor
Became law notwithstanding the objections of the Governor at 10:28 a.m. this 29 th
day of July, 2025.
s/ Mr. James White
House Principal Clerk