§ 132-1.1. Confidential communications by legal counsel to public board or agency; State tax information; public enterprise billing information; Address Confidentiality Program information.
§ 132‑1.1. Confidentialcommunications by legal counsel to public board or agency; State taxinformation; public enterprise billing information; Address ConfidentialityProgram information.
(a) ConfidentialCommunications. Public records, as defined in G.S. 132‑1, shall notinclude written communications (and copies thereof) to any public board,council, commission or other governmental body of the State or of any county,municipality or other political subdivision or unit of government, made withinthe scope of the attorney‑client relationship by any attorney‑at‑lawserving any such governmental body, concerning any claim against or on behalfof the governmental body or the governmental entity for which such body acts,or concerning the prosecution, defense, settlement or litigation of anyjudicial action, or any administrative or other type of proceeding to which thegovernmental body is a party or by which it is or may be directly affected.Such written communication and copies thereof shall not be open to publicinspection, examination or copying unless specifically made public by thegovernmental body receiving such written communications; provided, however,that such written communications and copies thereof shall become public recordsas defined in G.S. 132‑1 three years from the date such communication wasreceived by such public board, council, commission or other governmental body.
(b) State and Local TaxInformation. Tax information may not be disclosed except as provided in G.S.105‑259. As used in this subsection, "tax information" has thesame meaning as in G.S. 105‑259. Local tax records that containinformation about a taxpayer's income or receipts may not be disclosed exceptas provided in G.S. 153A‑148.1 and G.S. 160A‑208.1.
(c) Public EnterpriseBilling Information. Billing information compiled and maintained by a city orcounty or other public entity providing utility services in connection with theownership or operation of a public enterprise, excluding airports, is not apublic record as defined in G.S. 132‑1. Nothing contained herein isintended to limit public disclosure by a city or county of billing information:
(1) That the city orcounty determines will be useful or necessary to assist bond counsel, bondunderwriters, underwriters' counsel, rating agencies or investors or potentialinvestors in making informed decisions regarding bonds or other obligationsincurred or to be incurred with respect to the public enterprise;
(2) That is necessary toassist the city, county, State, or public enterprise to maintain the integrityand quality of services it provides; or
(3) That is necessary toassist law enforcement, public safety, fire protection, rescue, emergencymanagement, or judicial officers in the performance of their duties.
As used herein, "billinginformation" means any record or information, in whatever form, compiledor maintained with respect to individual customers by any owner or operator ofa public enterprise, as defined in G.S. 160A‑311, excluding subdivision(9), and G.S. 153A‑274, excluding subdivision (4), or other public entityproviding utility services, excluding airports, relating to services itprovides or will provide to the customer.
(d) AddressConfidentiality Program Information. The actual address and telephone numberof a program participant in the Address Confidentiality Program establishedunder Chapter 15C of the General Statutes is not a public record within themeaning of Chapter 132. The actual address and telephone number of a programparticipant may not be disclosed except as provided in Chapter 15C of theGeneral Statutes.
(e) ControlledSubstances Reporting System Information. Information compiled or maintainedin the Controlled Substances Reporting System established under Article 5E ofChapter 90 of the General Statutes is not a public record as defined in G.S.132‑1 and may be released only as provided under Article 5E of Chapter 90of the General Statutes.
(f) PersonallyIdentifiable Admissions Information. Records maintained by The University ofNorth Carolina or any constituent institution, or by the Community CollegesSystem Office or any community college, which contain personally identifiableinformation from or about an applicant for admission to one or more constituentinstitutions or to one or more community colleges shall be confidential andshall not be subject to public disclosure pursuant to G.S. 132‑6(a).Notwithstanding the preceding sentence, any letter of recommendation or recordcontaining a communication from an elected official to The University of NorthCarolina, any of its constituent institutions, or to a community college,concerning an applicant for admission who has not enrolled as a student shallbe considered a public record subject to disclosure pursuant to G.S. 132‑6(a).Nothing in this subsection is intended to limit the disclosure of publicrecords that do not contain personally identifiable information, includingaggregated data, guidelines, instructions, summaries, or reports that do notcontain personally identifiable information or from which it is feasible toredact any personally identifiable information that the record contains. Asused in this subsection, the term "community college" is as definedin G.S. 115D‑2(2), the term "constituent institution" is as definedin G.S. 116‑2(4), and the term "Community Colleges SystemOffice" is as defined in G.S. 115D‑3. (1975, c. 662; 1993, c. 485,s. 38; 1995 (Reg. Sess., 1996), c. 646, s. 21; 2001‑473, s. 1; 2002‑171,s. 7; 2003‑287, s. 1; 2005‑276, s. 10.36(b); 2007‑372, s. 2.)