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

§ 130A-304. Confidential information protected.

The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Article is confidential information and shall not be subject to disclosure under G.S. 132-6: Information which the Secretary determines is entitled to confidential treatment pursuant to G.S. 132-1.2. If the Secretary determines that information received by the Department is not entitled to confidential treatment, the Secretary shall inform the person who provided the information of that determination at the time such determination is made. The Secretary may refuse to accept or may return any information that is claimed to be confidential that the Secretary determines is not entitled to confidential treatment. Information that is confidential under any provision of federal or state law. Information compiled in anticipation of enforcement or criminal proceedings, but only to the extent disclosure could reasonably be expected to interfere with the institution of such proceedings. Confidential information may be disclosed to officers, employees, or authorized representatives of federal or state agencies if such disclosure is necessary to carry out a proper function of the Department or the requesting agency or when relevant in any proceeding under this Article. Except as provided in subsection (b) of this section or as otherwise provided by law, any officer or employee of the State who knowingly discloses information designated as confidential under this section shall be guilty of a Class 1 misdemeanor and shall be removed from office or discharged from employment. History (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).) Opinions of Attorney General Determination of Confidentiality of Information. - Department of Environment and Natural Resources staff should review requests for information by determining whether any of the exemptions from disclosure authorized by the North Carolina Public Records Act apply to the information received or prepared by the department in the course of carrying out its duties and responsibilities under Article 9 of Chapter 130A , G.S. 130A-290 et seq. Department staff must also determine whether such information is subject to any of the exemptions from disclosure pursuant to the Freedom of Information Act (FOIA), either by identifying whether such information was received by a federal agency with the stipulation that it be kept confidential pursuant to a specific FOIA provision or by examining the relevant memorandum of agreement or similar document which should identify the types of documents that the federal agency expects to be treated as confidential pursuant to FOIA. Information at issue must acquire its confidential status pursuant to federal law. See opinion of Attorney General to Mr. Daniel McLawhorn, Office of General Counsel, Department of Environment and Natural Resources, 2001 N.C. AG LEXIS 1 (1/4/2001).