§ 132-6.1. Electronic data-processing records. - North Carolina Statutes

§ 132‑6.1.  Electronicdata‑processing records.

(a)        After June 30,1996, no public agency shall purchase, lease, create, or otherwise acquire anyelectronic data‑processing system for the storage, manipulation, orretrieval of public records unless it first determines that the system will notimpair or impede the agency's ability to permit the public inspection andexamination, and to provide electronic copies of such records. Nothing in thissubsection shall be construed to require the retention by the public agency ofobsolete hardware or software.

(b)        Every public agencyshall create an index of computer databases compiled or created by a publicagency on the following schedule:

Stateagencies by July 1, 1996;

Municipalitieswith populations of 10,000 or more, counties with populations of 25,000 ormore, as determined by the 1990 U.S. Census, and public hospitals in thosecounties, by July 1, 1997;

Municipalitieswith populations of less than 10,000, counties with populations of less than25,000, as determined by the 1990 U.S. Census, and public hospitals in thosecounties, by July 1, 1998;

Politicalsubdivisions and their agencies that are not otherwise covered by thisschedule, after June 30, 1998.

Theindex shall be a public record and shall include, at a minimum, the followinginformation with respect to each database listed therein: a list of the datafields; a description of the format or record layout; information as to thefrequency with which the database is updated; a list of any data fields to whichpublic access is restricted; a description of each form in which the databasecan be copied or reproduced using the agency's computer facilities; and aschedule of fees for the production of copies in each available form.Electronic databases compiled or created prior to the date by which the indexmust be created in accordance with this subsection may be indexed at the publicagency's option. The form, content, language, and guidelines for the index andthe databases to be indexed shall be developed by the Office of Archives andHistory in consultation with officials at other public agencies.

(c)        Nothing in thissection shall require a public agency to create a computer database that thepublic agency has not otherwise created or is not otherwise required to becreated. Nothing in this section requires a public agency to disclose securityfeatures of its electronic data processing systems, information technologysystems, telecommunications networks, or electronic security systems, includinghardware or software security, passwords, or security standards, procedures,processes, configurations, software, and codes.

(d)        The followingdefinitions apply in this section:

(1)        Computer database. –A structured collection of data or documents residing in a database managementprogram 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 theoriginal data, or any analysis, compilation, or manipulated form of theoriginal 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 theoriginal data, or any analysis, compilation, or manipulated form of theoriginal data produced by the use of the program or software.

(5)        Electronic data‑processingsystem. – Computer hardware, computer software, or computer programs or anycombination thereof, regardless of kind or origin. (1995, c. 388, s. 3; 2000‑71,s. 1; 2002‑159, s. 35(i).)