Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that:

(1)        Meets all of the following conditions:

a.         Constitutes a “trade secret” as defined in N.C. Gen. Stat. § 66-152(3).

b.         Is the property of a private “person” as defined in N.C. Gen. Stat. § 66-152(2).

c.         Is disclosed or furnished to the public agency in connection with the owner’s performance of a public contract or in connection with a bid, application, proposal, industrial development project, or in compliance with laws, regulations, rules, or ordinances of the United States, the State, or political subdivisions of the State.

d.         Is designated or indicated as “confidential” or as a “trade secret” at the time of its initial disclosure to the public agency.

(2)        Reveals an account number for electronic payment as defined in N.C. Gen. Stat. § 147-86.20 and obtained pursuant to Articles 6A or 6B of Chapter 147 of the N.C. Gen. Stat. or N.C. Gen. Stat. § 159-32.1

(3)        Reveals a document, file number, password, or any other information maintained by the Secretary of State pursuant to Article 21 of Chapter 130A of the N.C. Gen. Stat..

(4)        Reveals the electronically captured image of an individual’s signature, date of birth, drivers license number, or a portion of an individual’s social security number if the agency has those items because they are on a voter registration document.

(5)        Reveals the seal of a licensed design professional who is licensed under Chapter 83A or Chapter 89C of the N.C. Gen. Stat. that has been submitted for project approval to a local government under Article 11 of Chapter 160D of the N.C. Gen. Stat.. Notwithstanding this exemption, a municipality or county that receives a request for a document submitted for project approval that contains the seal of a licensed design professional who is licensed under Chapter 83A or Chapter 89C of the N.C. Gen. Stat. and that is otherwise a public record by N.C. Gen. Stat. § 132-1 shall allow a copy of the document without the seal of the licensed design professional to be examined and copied, consistent with any rules adopted by the licensing board under Chapter 83A or Chapter 89C of the N.C. Gen. Stat. regarding an unsealed document.

(6)        Reveals documents related to the federal government’s process to determine closure or realignment of military installations until a final decision has been made by the federal government in that process.

(7)        Reveals name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or administers the drugs or supplies obtained for any purpose authorized by Article 19 of Chapter 15 of the N.C. Gen. Stat..

(8)        Reveals the name, address, or other identifying information of any individual winning more than fifty million dollars ($50,000,000) in a lottery game who requests to remain anonymous for 90 days, as provided in N.C. Gen. Stat. § 18C-132(j1).

(9)        Reveals proprietary design work or work product included in a proposal that is submitted to the Department of Transportation for consideration, or any Department intra-agency communications related to the review of a proposal, during a competitive bid process. For the purposes of this subdivision, the competitive bid process is completed upon contract award. Proprietary design work, work product, or intra-agency communications that are otherwise public records pursuant to N.C. Gen. Stat. § 132-1 are no longer confidential and subject to disclosure upon contract award. ?(1989, c. 269; 1991, c. 745, s. 3; 1999-434, s. 7; 2001-455, s. 2; 2001-513, s. 30(b); 2003-226, s. 5; 2004-127, s. 17(b); 2009-346, s. 1; 2014-79, s. 8; 2015-198, s. 6; 2019-142, s. 6; 2019-156, s. 3; 2022-62, s. 25.)

Terms Used In North Carolina General Statutes 132-1.2

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3