Personal Privacy Protection Act
Senate Bill 416 enacts the Personal Privacy Protection Act, which restricts state and local public agencies from collecting, disclosing, or publicly releasing personal information about members, volunteers, supporters, and donors of 501(c) nonprofit organizations. The bill also bars public agencies from requiring nonprofits, contractors, or grantees to provide donor or supporter lists, and it declares that this information is not a public record under Chapter 132. The measure is aimed at protecting the privacy of association and charitable giving, while still allowing limited disclosures required by other laws or authorized by court process.
The bill creates a set of exceptions for election-related reporting, lawful warrants, certain litigation discovery and evidence, voluntary public disclosures, Secretary of State audits and investigations, some nonprofit donations tied to public agencies, securities-association reporting, and Attorney General investigations in specified chapters. It also establishes enforcement tools, including civil actions for injunctive relief and damages, attorney’s fees in appropriate cases, and a Class 2 misdemeanor for knowing violations. The act takes effect December 1, 2025, and applies to offenses committed on or after that date.
This law amends Chapter 55A of the North Carolina General Statutes by adding a new Article 18 governing privacy protections for nonprofit-related personal information. It changes the duties of state and local agencies, courts, and other public bodies by limiting what they may request, retain, disclose, or treat as public records when the information identifies nonprofit members, volunteers, supporters, or donors. It also creates a private right of action and criminal penalty for violations, while preserving specific investigative, judicial, and statutory disclosure exceptions.
The bill appears to have been strongly supported by its sponsors and legislative majorities, but it also drew substantial opposition, as reflected in several close votes and a gubernatorial veto. The legislature ultimately overrode the veto, indicating enough bipartisan or cross-caucus support to enact the measure despite executive objections. The voting pattern suggests the bill was politically significant and contested, rather than broadly unanimous.
The main point of contention is the balance between donor privacy and government transparency or oversight. Supporters likely viewed the bill as protecting free association, charitable giving, and nonprofit members from compelled disclosure, while opponents likely worried it could limit public access to information, complicate oversight, or reduce accountability in government contracting, grants, and investigations. The exceptions for elections, audits, law enforcement, and litigation show an effort to narrow the privacy protections, but the scope of the restrictions and the criminal and civil penalties were still likely central issues in debate.