§ 130A-304. Confidential information protected. - North Carolina Statutes

§130A‑304.  Confidential information protected.

(a)        The followinginformation received or prepared by the Department in the course of carryingout its duties and responsibilities under this Article is confidentialinformation and shall not be subject to disclosure under G.S. 132‑6:

(1)        Information whichthe Secretary determines is entitled to confidential treatment pursuant to G.S.132‑1.2.  If the Secretary determines that information received by theDepartment is not entitled to confidential treatment, the Secretary shallinform the person who provided the information of that determination at thetime such determination is made.  The Secretary may refuse to accept or mayreturn any information that is claimed to be confidential that the Secretarydetermines is not entitled to confidential treatment.

(2)        Information that isconfidential under any provision of federal or state law.

(3)        Information compiledin anticipation of enforcement or criminal proceedings, but only to the extentdisclosure could reasonably be expected to interfere with the institution ofsuch proceedings.

(b)        Confidentialinformation may be disclosed to officers, employees, or authorizedrepresentatives of federal or state agencies if such disclosure is necessary tocarry out a proper function of the Department or the requesting agency or whenrelevant in any proceeding under this Article.

(c)        Except as providedin subsection (b) of this section or as otherwise provided by law, any officeror employee of the State who knowingly discloses information designated asconfidential under this section shall be guilty of a Class 1 misdemeanor andshall be removed from office or discharged from employment. (1977,2nd Sess., c. 1216; 1983, c. 891, s. 2; 1985, c. 738, s. 5; 1987, c. 282, s.20; 1991, c. 745, s. 2; 1993, c. 539, s. 951; 1994, Ex. Sess., c. 24, s.14(c).)