(a) "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.
(b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. As used herein, "minimal cost" shall mean the actual cost of reproducing the public record or public information.
(c) Article 17 of Chapter 120 of the General Statutes shall govern all records and information of the legislative branch which shall be exempt from this Chapter, including documents as defined by G.S. 120-129.
(d) No political subdivision of this State may enter into a nondisclosure agreement in order to restrict access to public records subject to disclosure under this Chapter. The contract by which a political subdivision of this State agrees not to disclose information deemed confidential under State law shall be a public record, unless the existence of the contract is also deemed confidential under State law. If a nondisclosure agreement is associated with one or more closed session meetings under Article 33C of Chapter 143 of the General Statutes, the nondisclosure agreement shall be included in the minutes of each closed session meeting. (1935, c. 265, s. 1; 1975, c. 787, s. 1; 1995, c. 388, s. 1; 2023-134, s. 27.7(f); 2023-138, s. 5(b).)
Notes of Decisions
Virmani v. Presbyterian Health Servs. Corp., 515 S.E.2d 675 (N.C. 1999).
· cites it 10× “The Observer first responds that because it has an absolute right of access to the peer review documents and testimony regarding the peer review process under N.C.G.S. § 132-1 and N.C.G.S. § 7A-109, the result reached by the Court of Appeals was correct.”
Carter-Hubbard Publ'g Co. v. WRMC Hosp. Operating Corp., 633 S.E.2d 682 (N.C. Ct. App. 2006).
· cites it 12× “2d 431 (2004); see also N.C. Gen. Stat. §§ 132-1 (b), 132-6 (2005) (defining public records as “the property of the people” and allowing examination of public records).”
France v. France, 705 S.E.2d 399 (N.C. Ct. App. 2011).
· cites it 10× “, and the Public Records Act, N.C. Gen. Stat. §§ 132-1 to 10, see Knight Publ’g Co.”
Lexisnexis Risk Data Mgmt. Inc. v. Warren, 775 S.E.2d 651 (N.C. 2015).
· cites it 7× “Plaintiffs requested that the court declare “that the ACIS database is a public document or public information as defined by N.C. Gen. Stat. § 132-1 ;” declare that defendant Smith or defendant Freeman, or both, are “custodian[s] of the ACIS database and of the electronic…”
Womack Newspapers, Inc. v. Town of Kitty Hawk Ex Rel. Kitty Hawk Town Council, 639 S.E.2d 96 (N.C. Ct. App. 2007).
· cites it 8× “The Town denied the request on the grounds that the documents were not “public records” as that term is defined by our state’s Public Records Act, found in North Carolina General Statutes, section 132-1 et seq. The Town contended the documents contained privileged communications…”
McCormick v. Hanson Aggregates Se., Inc., 596 S.E.2d 431 (N.C. Ct. App. 2004).
· cites it 9× “In support of his contention, the City Attorney relies on the provision contained in N.C. Gen. Stat. § 132-1 (b), stating that “it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless…”
Boney Publishers, Inc. v. Burlington City Council, 566 S.E.2d 701 (N.C. Ct. App. 2002).
· cites it 4× “, and Public Records Act, N.C. Gen. Stat. § 132-1 et seq. Plaintiff alleged, and the record shows, that on 6 November 2000, the Council met in open meeting for a regularly scheduled work session.”
Dickson v. Rucho, 366 NC 332, 737 S.E.2d 362 (N.C. 2013).
· cites it 3× “Compare N.C.G.S. § 132-1(b) (2011) (stating that “public records and public information .”
— N.C. Gen. Stat. § 132-1(a) — 10 cases
— N.C. Gen. Stat. § 132-1(b) — 14 cases
Dickson v. Rucho, 366 NC 332, 737 S.E.2d 362 (N.C. 2013).
“Compare N.C.G.S. § 132-1(b) (2011) (stating that “public records and public information .”
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