NORTH CAROLINA PUBLIC RECORDS LAW, GENERAL STATUTE 132 FAQ

Q. What are "public records"?

A. The General Statutes of North Carolina, Chapter 132, provides this definition of public records:

"Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (state or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.

Q. Can anyone see my records?

A. Yes, except as restricted by specific provisions in state or federal law, anyone may consult public records. G.S. 132-6 instructs:

Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request.

Q. What about my confidential records?

A. Not all university records are open to public inspection. Exceptions to the access requirements in G.S. 132-6 and the definition of public records in G.S. 132-1 are found throughout the North Carolina General Statutes. We have added RESTRICTED ACCESS notations and confidentiality statements indicating the laws which restrict review of specific records series. Please note that as laws are constantly changing, some records series not listed as confidential may become confidential and others may be opened to inspection. You are responsible for knowing what records are confidential. Feel free to contact the University Records Manager (962-6402 or recman@unc.edu) or University Counsel with questions about confidential records.

Q. What are the most common laws cited at UNC-CH for confidential records?

A. There are three laws which cover confidentiality of many records series held at UNC-CH.

• Family Educational Rights and Privacy Act of 1974 (FERPA - 20 U.S.C. 1232g) protects access to student records.
• Health Information Portability and Accountability Act of 1996 (HIPAA) protects access to individual medical records.
• NC General Statute 121 (Personnel Act) protects access to certain personnel records. It is important to note that current salary, and date and amount of last salary increase is not confidential under G.S. 121.

A. Yes. Any record that is not confidential by law must be provided when a request is received, whether it is "finished" or not.

A. Public records are public property. While we encourage offices to find places to store records that do not take up too much valuable office space, the selected space should be dry, secured, and free from pests and mold. Your office must ensure that records stored away from your main office area are well protected from natural and man-made problems while remaining readily available to your staff and the public.

A. Yes, as long as the records are not confidential by law. You should also be aware that confidentiality can expire.

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