§ 132-6.1. Electronic data-processing and computer databases as public records.

483 words·~2 min read·/nc/chapter-132/132-6-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Databases purchased, leased, created, or otherwise acquired by every public agency containing public records shall be designed and maintained in a manner that does not impair or impede the public agency's ability to permit the public inspection and examination of public records and provides a means of obtaining copies of such records. Nothing in this subsection shall be construed to require the retention by the public agency of obsolete hardware or software.

(a1)Notwithstanding G.S. 132-6.2(a), a public agency may satisfy the requirement under G.S. 132-6 to provide access to public records in computer databases by making public records in computer databases individually available online in a format that allows a person to view the public record and print or save the public record to obtain a copy. A public agency that provides access to public records under this subsection is not required to provide access to the public records in the computer database in any other way; provided, however, that a public agency that provides access to public records in computer databases shall also allow inspection of any of such public records that the public agency also maintains in a nondigital medium.

(b)Repealed by Session Laws 2017-10, s. 2.9(a), effective July 1, 2017.

(c)Nothing in this section shall require a public agency to create a computer database that the public agency has not otherwise created or is not otherwise required to be created. Nothing in this section requires a public agency to disclose security features of its electronic data processing systems, information technology systems, telecommunications networks, or electronic security systems, including hardware or software security, passwords, or security standards, procedures, processes, configurations, software, and codes.

(d)The following definitions apply in this section:

(1)Computer database. - A structured collection of data or documents residing in a database management program or spreadsheet software.

(2)Computer hardware. - Any tangible machine or device utilized for the electronic storage, manipulation, or retrieval of data.

(3)Computer program. - A series of instructions or statements that permit the storage, manipulation, and retrieval of data within an electronic data-processing system, together with any associated documentation. The term does not include the original data, or any analysis, compilation, or manipulated form of the original data produced by the use of the program or software.

(4)Computer software. - Any set or combination of computer programs. The term does not include the original data, or any analysis, compilation, or manipulated form of the original data produced by the use of the program or software.

(5)Electronic data-processing system. - Computer hardware, computer software, or computer programs or any combination thereof, regardless of kind or origin.

(6)Media or medium - The physical medium on which information is stored in recoverable form. (1995, c. 388, s. 3; 2000-71, s. 1; 2002-159, s. 35(i); 2017-10, s. 2.9(a).)