Can I collect personal information from participants in North Carolina? What are the requirements?

Collecting Personal Information of Participants in North Carolina

According to NCGS 132-1.10, State and local government agencies in North Carolina should collect personal information, including social security numbers, only for legitimate purposes or when required by law. When collecting personal information, the agency must clearly document the need for it and ensure that it is relevant to the purpose for which it is collected.

Furthermore, agencies must segregate social security numbers on a separate page from the rest of the record or as otherwise appropriate, in order that the social security number can be more easily redacted pursuant to a valid public records request. Agencies must also provide, at the time of or prior to the actual collection of the social security number, a statement of the purpose or purposes for which the social security number is being collected and used.

Under NCGS 132-1.12, a public record does not include, as to any minor participating in a park or recreation program sponsored by a local government or combination of local governments, a program funded by the North Carolina Partnership for Children, Inc., under G.S. 143B-168.12, or a program funded by a local partnership under G.S. 143B-168.14, any of the following information as to that minor participant: name, address, age, date of birth, telephone number, the name or address of that minor participant’s parent or legal guardian, or any other identifying information on an application to participate in such program or other records related to that program.

However, according to NCGS 132-1.11A, a public record does not include, as to any minor participating in a program sponsored by a local government or combination of local governments, a program funded by the North Carolina Partnership for Children, Inc., under G.S. 143B-168.12, or a program funded by a local partnership under G.S. 143B-168.14, any of the following information as to that minor participant: name, address, age, date of birth, telephone number, the name or address of that minor participant’s parent or legal guardian, e-mail address, or any other identifying information on an application to participate in such program or other records related to that program. Notwithstanding this subsection, the name of a minor who has received a scholarship or other local government-funded award of a financial nature from a local government is a public record.

Therefore, while personal information can be collected in North Carolina, it must be done so for legitimate purposes and with clear documentation of the need for it. Additionally, when collecting personal information, agencies must segregate social security numbers and provide a statement of the purpose for which the information is being collected. However, for minors participating in certain programs, identifying information cannot be considered a public record.

Jurisdiction

North Carolina

• Privacy