Bill Summary for S 416 (2025-2026)

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Summary date: 

Mar 24 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 416 (Public) Filed Monday, March 24, 2025
AN ACT TO ENACT THE PERSONAL PRIVACY PROTECTION ACT.
Intro. by Daniel, Hise, Moffitt.

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Bill summary

Defines nonprofit organization as an entity exempt from federal income tax under section 501(c) of the Internal Revenue Code (IRC) that has applied for recognition of exemption under section 501(c) to the Internal Revenue Service or is a not-for-profit business entity recognized under State law. Defines person using GS 12-3, which includes individuals, bodies politic and corporate, unless the context clearly shows to the contrary. Defines personal information as any compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor to any nonprofit organization. Defines public agency as any state or local government unit and its employees however designated.

Provides a nonexclusive list of the employees this encompasses, which includes employees of the State, entities of the state, institutions of higher education, political subdivisions of the state, and state or local courts, tribunals, or other judicial or quasi-judicial bodies.

Prohibits a public agency from doing any of the following: (1) requiring a person or nonprofit organization to provide it with personal information or otherwise compel the release of personal information, (2) publicly disclose personal information in its possession, or (3) request or require a current or prospective contractor or grantee to provide a list of nonprofit organizations they have provided financial or nonfinancial support. Declares that personal information is not a public record under GS Chapter 132.

Provides list of exemptions clarifying when collection, disclosure, or release of personal information is allowed. This includes reports or disclosures required by State law, lawful warrant for personal information issued by a court, a lawful request for discovery in litigation if provided conditions are met, admission of the information as relevant evidence in court with provided limitation, a public agency's release of information voluntarily released by the person or nonprofit organization it relates to, collection of information disclosing the identity of certain people in a nonprofit organization in reports or disclosures required by statute to be filed with the Secretary of State (does not include information directly identifying a person as a donor of financial support to the nonprofit), disclosure derived from a donation to a nonprofit affiliated with a public agency and required by statute if there was no previous request for anonymity by the person. Also clarifies that nothing in this act applies to a national securities association.

Allegations of a violation of this act may be brought in a civil action for injunctive relief, damages, or both. Sets parameters for damages to be awarded. Allows a court to award all or part of litigation costs including attorneys’ fees and witness fees to the complainant. Makes it a misdemeanor to knowingly violate this act punishable by up to 90 days in jail and/or a fine less than or equal to $1,000.

Provides that the provisions of this act are severable.

Effective October 1, 2025.