§ 132‑1.10. Socialsecurity numbers and other personal identifying information.
(a) The GeneralAssembly finds the following:
(1) The social securitynumber can be used as a tool to perpetuate fraud against a person and toacquire sensitive personal, financial, medical, and familial information, therelease of which could cause great financial or personal harm to an individual.While the social security number was intended to be used solely for theadministration of the federal Social Security System, over time this uniquenumeric identifier has been used extensively for identity verification purposesand other legitimate consensual purposes.
(2) Although there arelegitimate reasons for State and local government agencies to collect socialsecurity numbers and other personal identifying information from individuals,government should collect the information only for legitimate purposes or whenrequired by law.
(3) When State and localgovernment agencies possess social security numbers or other personal identifyinginformation, the governments should minimize the instances this information isdisseminated either internally within government or externally with the generalpublic.
(b) Except as providedin subsections (c) and (d) of this section, no agency of the State or itspolitical subdivisions, or any agent or employee of a government agency, shalldo any of the following:
(1) Collect a socialsecurity number from an individual unless authorized by law to do so or unlessthe collection of the social security number is otherwise imperative for theperformance of that agency's duties and responsibilities as prescribed by law.Social security numbers collected by an agency must be relevant to the purposefor which collected and shall not be collected until and unless the need forsocial security numbers has been clearly documented.
(2) Fail, whencollecting a social security number from an individual, to segregate thatnumber on a separate page from the rest of the record, or as otherwiseappropriate, in order that the social security number can be more easilyredacted pursuant to a valid public records request.
(3) Fail, whencollecting a social security number from an individual, to provide, at the timeof or prior to the actual collection of the social security number by thatagency, that individual, upon request, with a statement of the purpose orpurposes for which the social security number is being collected and used.
(4) Use the socialsecurity number for any purpose other than the purpose stated.
(5) (Forapplicability date See Editor's note) Intentionally communicate orotherwise make available to the general public a person's social securitynumber or other identifying information. "Identifying information",as used in this subdivision, shall have the same meaning as in G.S. 14‑113.20(b),except it shall not include electronic identification numbers, electronic mailnames or addresses, Internet account numbers, Internet identification names,parent's legal surname prior to marriage, or drivers license numbers appearingon law enforcement records. Identifying information shall be confidential andnot be a public record under this Chapter. A record, with identifyinginformation removed or redacted, is a public record if it would otherwise be apublic record under this Chapter but for the identifying information. Thepresence of identifying information in a public record does not change thenature of the public record. If all other public records requirements are metunder this Chapter, the agency of the State or its political subdivisions shallrespond to a public records request, even if the records contain identifyinginformation, as promptly as possible, by providing the public record with theidentifying information removed or redacted.
(6) Intentionally printor imbed an individual's social security number on any card required for theindividual to access government services.
(7) Require anindividual to transmit the individual's social security number over theInternet, unless the connection is secure or the social security number isencrypted.
(8) Require anindividual to use the individual's social security number to access an InternetWeb site, unless a password or unique personal identification number or otherauthentication device is also required to access the Internet Web site.
(9) Print anindividual's social security number on any materials that are mailed to theindividual, unless state or federal law required that the social securitynumber be on the document to be mailed. A social security number that ispermitted to be mailed under this subdivision may not be printed, in whole orin part, on a postcard or other mailer not requiring an envelope, or visible onthe envelope or without the envelope having been opened.
(c) Subsection (b) ofthis section does not apply in the following circumstances:
(1) To social securitynumbers or other identifying information disclosed to another governmentalentity or its agents, employees, or contractors if disclosure is necessary forthe receiving entity to perform its duties and responsibilities. The receivinggovernmental entity and its agents, employees, and contractors shall maintainthe confidential and exempt status of such numbers.
(2) To social securitynumbers or other identifying information disclosed pursuant to a court order,warrant, or subpoena.
(3) To social securitynumbers or other identifying information disclosed for public health purposespursuant to and in compliance with Chapter 130A of the General Statutes.
(4) To social securitynumbers or other identifying information that have been redacted.
(5) To certified copiesof vital records issued by the State Registrar and other authorized officialspursuant to G.S. 130A‑93(c). The State Registrar may disclose anyidentifying information other than social security numbers on any uncertifiedvital record.
(6) To any recordeddocument in the official records of the register of deeds of the county.
(7) To any documentfiled in the official records of the courts.
(c1) If an agency of theState or its political subdivisions, or any agent or employee of a governmentagency, experiences a security breach, as defined in Article 2A of Chapter 75of the General Statutes, the agency shall comply with the requirements of G.S.75‑65.
(d) No person preparingor filing a document to be recorded or filed in the official records of theregister of deeds, the Department of the Secretary of State, or of the courtsmay include any person's social security, employer taxpayer identification,drivers license, state identification, passport, checking account, savingsaccount, credit card, or debit card number, or personal identification (PIN)code or passwords in that document, unless otherwise expressly required by lawor court order, adopted by the State Registrar on records of vital events, orredacted. Any loan closing instruction that requires the inclusion of aperson's social security number on a document to be recorded shall be void. Anyperson who violates this subsection shall be guilty of an infraction, punishableby a fine not to exceed five hundred dollars ($500.00) for each violation.
(e) The validity of aninstrument as between the parties to the instrument is not affected by theinclusion of personal information on a document recorded or filed with theofficial records of the register of deeds or the Department of the Secretary ofState. The register of deeds or the Department of the Secretary of State maynot reject an instrument presented for recording because the instrumentcontains an individual's personal information.
(f) Any person has theright to request that a register of deeds or clerk of court remove, from animage or copy of an official record placed on a register of deeds' or court'sInternet Website available to the general public or an Internet Web siteavailable to the general public used by a register of deeds or court to displaypublic records by the register of deeds or clerk of court, the person's socialsecurity, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords containedin that official record. The request must be made in writing, legibly signed bythe requester, and delivered by mail, facsimile, or electronic transmission, ordelivered in person to the register of deeds or clerk of court. The requestmust specify the personal information to be redacted, information thatidentifies the document that contains the personal information and uniqueinformation that identifies the location within the document that contains thesocial security, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords to beredacted. The request for redaction shall be considered a public record withaccess restricted to the register of deeds, the clerk of court, their staff, orupon order of the court. The register of deeds or clerk of court shall have noduty to inquire beyond the written request to verify the identity of a personrequesting redaction and shall have no duty to remove redaction for any reasonupon subsequent request by an individual or by order of the court, ifimpossible to do so. No fee will be charged for the redaction pursuant to suchrequest. Any person who requests a redaction without proper authority to do soshall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(f1) Without a requestmade pursuant to subsection (f) of this section, a register of deeds or clerkof court may remove from an image or copy of an official record placed on aregister of deeds' or clerk of court's Internet Web site available to thegeneral public, or placed on an Internet Web site available to the generalpublic used by a register of deeds or clerk of court to display public records,a person's social security or drivers license number contained in that officialrecord. Registers of deeds and clerks of court may apply optical characterrecognition technology or other reasonably available technology to officialrecords placed on Internet Web sites available to the general public in orderto, in good faith, identify and redact social security and drivers licensenumbers.
(g) A register of deedsor clerk of court shall immediately and conspicuously post signs throughout hisor her offices for public viewing and shall immediately and conspicuously posta notice on any Internet Web site available to the general public used by aregister of deeds or clerk of court a notice stating, in substantially similarform, the following:
(1) Any person preparingor filing a document for recordation or filing in the official records may notinclude a social security, employer taxpayer identification, drivers license,state identification, passport, checking account, savings account, credit card,or debit card number, or personal identification (PIN) code or passwords in thedocument, unless expressly required by law or court order, adopted by the StateRegistrar on records of vital events, or redacted so that no more than the lastfour digits of the identification number is included.
(2) Any person has aright to request a register of deeds or clerk of court to remove, from an imageor copy of an official record placed on a register of deeds' or clerk ofcourt's Internet Web site available to the general public or on an Internet Website available to the general public used by a register of deeds or clerk ofcourt to display public records, any social security, employer taxpayeridentification, drivers license, state identification, passport, checkingaccount, savings account, credit card, or debit card number, or personalidentification (PIN) code or passwords contained in an official record. Therequest must be made in writing and delivered by mail, facsimile, or electronictransmission, or delivered in person, to the register of deeds or clerk ofcourt. The request must specify the personal information to be redacted,information that identifies the document that contains the personal informationand unique information that identifies the location within the document thatcontains the social security, employer taxpayer identification, driverslicense, state identification, passport, checking account, savings account,credit card, or debit card number, or personal identification (PIN) code orpasswords to be redacted. No fee will be charged for the redaction pursuant tosuch a request. Any person who requests a redaction without proper authority todo so shall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(h) Any affected personmay petition the court for an order directing compliance with this section. Noliability shall accrue to a register of deeds or clerk of court or to his orher agent for any action related to provisions of this section or for anyclaims or damages that might result from a social security number or otheridentifying information on the public record or on a register of deeds' orclerk of court's Internet website available to the general public or anInternet Web site available to the general public used by a register of deedsor clerk of court. (2005‑414,s. 4; 2006‑173, ss. 1‑7; 2009‑355, s. 3.)
§ 132‑1.10. Socialsecurity numbers and other personal identifying information.
(a) The GeneralAssembly finds the following:
(1) The social securitynumber can be used as a tool to perpetuate fraud against a person and toacquire sensitive personal, financial, medical, and familial information, therelease of which could cause great financial or personal harm to an individual.While the social security number was intended to be used solely for theadministration of the federal Social Security System, over time this uniquenumeric identifier has been used extensively for identity verification purposesand other legitimate consensual purposes.
(2) Although there arelegitimate reasons for State and local government agencies to collect socialsecurity numbers and other personal identifying information from individuals,government should collect the information only for legitimate purposes or whenrequired by law.
(3) When State and localgovernment agencies possess social security numbers or other personal identifyinginformation, the governments should minimize the instances this information isdisseminated either internally within government or externally with the generalpublic.
(b) Except as providedin subsections (c) and (d) of this section, no agency of the State or itspolitical subdivisions, or any agent or employee of a government agency, shalldo any of the following:
(1) Collect a socialsecurity number from an individual unless authorized by law to do so or unlessthe collection of the social security number is otherwise imperative for theperformance of that agency's duties and responsibilities as prescribed by law.Social security numbers collected by an agency must be relevant to the purposefor which collected and shall not be collected until and unless the need forsocial security numbers has been clearly documented.
(2) Fail, whencollecting a social security number from an individual, to segregate thatnumber on a separate page from the rest of the record, or as otherwiseappropriate, in order that the social security number can be more easilyredacted pursuant to a valid public records request.
(3) Fail, whencollecting a social security number from an individual, to provide, at the timeof or prior to the actual collection of the social security number by thatagency, that individual, upon request, with a statement of the purpose orpurposes for which the social security number is being collected and used.
(4) Use the socialsecurity number for any purpose other than the purpose stated.
(5) (Forapplicability date See Editor's note) Intentionally communicate orotherwise make available to the general public a person's social securitynumber or other identifying information. "Identifying information",as used in this subdivision, shall have the same meaning as in G.S. 14‑113.20(b),except it shall not include electronic identification numbers, electronic mailnames or addresses, Internet account numbers, Internet identification names,parent's legal surname prior to marriage, or drivers license numbers appearingon law enforcement records. Identifying information shall be confidential andnot be a public record under this Chapter. A record, with identifyinginformation removed or redacted, is a public record if it would otherwise be apublic record under this Chapter but for the identifying information. Thepresence of identifying information in a public record does not change thenature of the public record. If all other public records requirements are metunder this Chapter, the agency of the State or its political subdivisions shallrespond to a public records request, even if the records contain identifyinginformation, as promptly as possible, by providing the public record with theidentifying information removed or redacted.
(6) Intentionally printor imbed an individual's social security number on any card required for theindividual to access government services.
(7) Require anindividual to transmit the individual's social security number over theInternet, unless the connection is secure or the social security number isencrypted.
(8) Require anindividual to use the individual's social security number to access an InternetWeb site, unless a password or unique personal identification number or otherauthentication device is also required to access the Internet Web site.
(9) Print anindividual's social security number on any materials that are mailed to theindividual, unless state or federal law required that the social securitynumber be on the document to be mailed. A social security number that ispermitted to be mailed under this subdivision may not be printed, in whole orin part, on a postcard or other mailer not requiring an envelope, or visible onthe envelope or without the envelope having been opened.
(c) Subsection (b) ofthis section does not apply in the following circumstances:
(1) To social securitynumbers or other identifying information disclosed to another governmentalentity or its agents, employees, or contractors if disclosure is necessary forthe receiving entity to perform its duties and responsibilities. The receivinggovernmental entity and its agents, employees, and contractors shall maintainthe confidential and exempt status of such numbers.
(2) To social securitynumbers or other identifying information disclosed pursuant to a court order,warrant, or subpoena.
(3) To social securitynumbers or other identifying information disclosed for public health purposespursuant to and in compliance with Chapter 130A of the General Statutes.
(4) To social securitynumbers or other identifying information that have been redacted.
(5) To certified copiesof vital records issued by the State Registrar and other authorized officialspursuant to G.S. 130A‑93(c). The State Registrar may disclose anyidentifying information other than social security numbers on any uncertifiedvital record.
(6) To any recordeddocument in the official records of the register of deeds of the county.
(7) To any documentfiled in the official records of the courts.
(c1) If an agency of theState or its political subdivisions, or any agent or employee of a governmentagency, experiences a security breach, as defined in Article 2A of Chapter 75of the General Statutes, the agency shall comply with the requirements of G.S.75‑65.
(d) No person preparingor filing a document to be recorded or filed in the official records of theregister of deeds, the Department of the Secretary of State, or of the courtsmay include any person's social security, employer taxpayer identification,drivers license, state identification, passport, checking account, savingsaccount, credit card, or debit card number, or personal identification (PIN)code or passwords in that document, unless otherwise expressly required by lawor court order, adopted by the State Registrar on records of vital events, orredacted. Any loan closing instruction that requires the inclusion of aperson's social security number on a document to be recorded shall be void. Anyperson who violates this subsection shall be guilty of an infraction, punishableby a fine not to exceed five hundred dollars ($500.00) for each violation.
(e) The validity of aninstrument as between the parties to the instrument is not affected by theinclusion of personal information on a document recorded or filed with theofficial records of the register of deeds or the Department of the Secretary ofState. The register of deeds or the Department of the Secretary of State maynot reject an instrument presented for recording because the instrumentcontains an individual's personal information.
(f) Any person has theright to request that a register of deeds or clerk of court remove, from animage or copy of an official record placed on a register of deeds' or court'sInternet Website available to the general public or an Internet Web siteavailable to the general public used by a register of deeds or court to displaypublic records by the register of deeds or clerk of court, the person's socialsecurity, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords containedin that official record. The request must be made in writing, legibly signed bythe requester, and delivered by mail, facsimile, or electronic transmission, ordelivered in person to the register of deeds or clerk of court. The requestmust specify the personal information to be redacted, information thatidentifies the document that contains the personal information and uniqueinformation that identifies the location within the document that contains thesocial security, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords to beredacted. The request for redaction shall be considered a public record withaccess restricted to the register of deeds, the clerk of court, their staff, orupon order of the court. The register of deeds or clerk of court shall have noduty to inquire beyond the written request to verify the identity of a personrequesting redaction and shall have no duty to remove redaction for any reasonupon subsequent request by an individual or by order of the court, ifimpossible to do so. No fee will be charged for the redaction pursuant to suchrequest. Any person who requests a redaction without proper authority to do soshall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(f1) Without a requestmade pursuant to subsection (f) of this section, a register of deeds or clerkof court may remove from an image or copy of an official record placed on aregister of deeds' or clerk of court's Internet Web site available to thegeneral public, or placed on an Internet Web site available to the generalpublic used by a register of deeds or clerk of court to display public records,a person's social security or drivers license number contained in that officialrecord. Registers of deeds and clerks of court may apply optical characterrecognition technology or other reasonably available technology to officialrecords placed on Internet Web sites available to the general public in orderto, in good faith, identify and redact social security and drivers licensenumbers.
(g) A register of deedsor clerk of court shall immediately and conspicuously post signs throughout hisor her offices for public viewing and shall immediately and conspicuously posta notice on any Internet Web site available to the general public used by aregister of deeds or clerk of court a notice stating, in substantially similarform, the following:
(1) Any person preparingor filing a document for recordation or filing in the official records may notinclude a social security, employer taxpayer identification, drivers license,state identification, passport, checking account, savings account, credit card,or debit card number, or personal identification (PIN) code or passwords in thedocument, unless expressly required by law or court order, adopted by the StateRegistrar on records of vital events, or redacted so that no more than the lastfour digits of the identification number is included.
(2) Any person has aright to request a register of deeds or clerk of court to remove, from an imageor copy of an official record placed on a register of deeds' or clerk ofcourt's Internet Web site available to the general public or on an Internet Website available to the general public used by a register of deeds or clerk ofcourt to display public records, any social security, employer taxpayeridentification, drivers license, state identification, passport, checkingaccount, savings account, credit card, or debit card number, or personalidentification (PIN) code or passwords contained in an official record. Therequest must be made in writing and delivered by mail, facsimile, or electronictransmission, or delivered in person, to the register of deeds or clerk ofcourt. The request must specify the personal information to be redacted,information that identifies the document that contains the personal informationand unique information that identifies the location within the document thatcontains the social security, employer taxpayer identification, driverslicense, state identification, passport, checking account, savings account,credit card, or debit card number, or personal identification (PIN) code orpasswords to be redacted. No fee will be charged for the redaction pursuant tosuch a request. Any person who requests a redaction without proper authority todo so shall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(h) Any affected personmay petition the court for an order directing compliance with this section. Noliability shall accrue to a register of deeds or clerk of court or to his orher agent for any action related to provisions of this section or for anyclaims or damages that might result from a social security number or otheridentifying information on the public record or on a register of deeds' orclerk of court's Internet website available to the general public or anInternet Web site available to the general public used by a register of deedsor clerk of court. (2005‑414,s. 4; 2006‑173, ss. 1‑7; 2009‑355, s. 3.)
§ 132‑1.10. Socialsecurity numbers and other personal identifying information.
(a) The GeneralAssembly finds the following:
(1) The social securitynumber can be used as a tool to perpetuate fraud against a person and toacquire sensitive personal, financial, medical, and familial information, therelease of which could cause great financial or personal harm to an individual.While the social security number was intended to be used solely for theadministration of the federal Social Security System, over time this uniquenumeric identifier has been used extensively for identity verification purposesand other legitimate consensual purposes.
(2) Although there arelegitimate reasons for State and local government agencies to collect socialsecurity numbers and other personal identifying information from individuals,government should collect the information only for legitimate purposes or whenrequired by law.
(3) When State and localgovernment agencies possess social security numbers or other personal identifyinginformation, the governments should minimize the instances this information isdisseminated either internally within government or externally with the generalpublic.
(b) Except as providedin subsections (c) and (d) of this section, no agency of the State or itspolitical subdivisions, or any agent or employee of a government agency, shalldo any of the following:
(1) Collect a socialsecurity number from an individual unless authorized by law to do so or unlessthe collection of the social security number is otherwise imperative for theperformance of that agency's duties and responsibilities as prescribed by law.Social security numbers collected by an agency must be relevant to the purposefor which collected and shall not be collected until and unless the need forsocial security numbers has been clearly documented.
(2) Fail, whencollecting a social security number from an individual, to segregate thatnumber on a separate page from the rest of the record, or as otherwiseappropriate, in order that the social security number can be more easilyredacted pursuant to a valid public records request.
(3) Fail, whencollecting a social security number from an individual, to provide, at the timeof or prior to the actual collection of the social security number by thatagency, that individual, upon request, with a statement of the purpose orpurposes for which the social security number is being collected and used.
(4) Use the socialsecurity number for any purpose other than the purpose stated.
(5) (Forapplicability date See Editor's note) Intentionally communicate orotherwise make available to the general public a person's social securitynumber or other identifying information. "Identifying information",as used in this subdivision, shall have the same meaning as in G.S. 14‑113.20(b),except it shall not include electronic identification numbers, electronic mailnames or addresses, Internet account numbers, Internet identification names,parent's legal surname prior to marriage, or drivers license numbers appearingon law enforcement records. Identifying information shall be confidential andnot be a public record under this Chapter. A record, with identifyinginformation removed or redacted, is a public record if it would otherwise be apublic record under this Chapter but for the identifying information. Thepresence of identifying information in a public record does not change thenature of the public record. If all other public records requirements are metunder this Chapter, the agency of the State or its political subdivisions shallrespond to a public records request, even if the records contain identifyinginformation, as promptly as possible, by providing the public record with theidentifying information removed or redacted.
(6) Intentionally printor imbed an individual's social security number on any card required for theindividual to access government services.
(7) Require anindividual to transmit the individual's social security number over theInternet, unless the connection is secure or the social security number isencrypted.
(8) Require anindividual to use the individual's social security number to access an InternetWeb site, unless a password or unique personal identification number or otherauthentication device is also required to access the Internet Web site.
(9) Print anindividual's social security number on any materials that are mailed to theindividual, unless state or federal law required that the social securitynumber be on the document to be mailed. A social security number that ispermitted to be mailed under this subdivision may not be printed, in whole orin part, on a postcard or other mailer not requiring an envelope, or visible onthe envelope or without the envelope having been opened.
(c) Subsection (b) ofthis section does not apply in the following circumstances:
(1) To social securitynumbers or other identifying information disclosed to another governmentalentity or its agents, employees, or contractors if disclosure is necessary forthe receiving entity to perform its duties and responsibilities. The receivinggovernmental entity and its agents, employees, and contractors shall maintainthe confidential and exempt status of such numbers.
(2) To social securitynumbers or other identifying information disclosed pursuant to a court order,warrant, or subpoena.
(3) To social securitynumbers or other identifying information disclosed for public health purposespursuant to and in compliance with Chapter 130A of the General Statutes.
(4) To social securitynumbers or other identifying information that have been redacted.
(5) To certified copiesof vital records issued by the State Registrar and other authorized officialspursuant to G.S. 130A‑93(c). The State Registrar may disclose anyidentifying information other than social security numbers on any uncertifiedvital record.
(6) To any recordeddocument in the official records of the register of deeds of the county.
(7) To any documentfiled in the official records of the courts.
(c1) If an agency of theState or its political subdivisions, or any agent or employee of a governmentagency, experiences a security breach, as defined in Article 2A of Chapter 75of the General Statutes, the agency shall comply with the requirements of G.S.75‑65.
(d) No person preparingor filing a document to be recorded or filed in the official records of theregister of deeds, the Department of the Secretary of State, or of the courtsmay include any person's social security, employer taxpayer identification,drivers license, state identification, passport, checking account, savingsaccount, credit card, or debit card number, or personal identification (PIN)code or passwords in that document, unless otherwise expressly required by lawor court order, adopted by the State Registrar on records of vital events, orredacted. Any loan closing instruction that requires the inclusion of aperson's social security number on a document to be recorded shall be void. Anyperson who violates this subsection shall be guilty of an infraction, punishableby a fine not to exceed five hundred dollars ($500.00) for each violation.
(e) The validity of aninstrument as between the parties to the instrument is not affected by theinclusion of personal information on a document recorded or filed with theofficial records of the register of deeds or the Department of the Secretary ofState. The register of deeds or the Department of the Secretary of State maynot reject an instrument presented for recording because the instrumentcontains an individual's personal information.
(f) Any person has theright to request that a register of deeds or clerk of court remove, from animage or copy of an official record placed on a register of deeds' or court'sInternet Website available to the general public or an Internet Web siteavailable to the general public used by a register of deeds or court to displaypublic records by the register of deeds or clerk of court, the person's socialsecurity, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords containedin that official record. The request must be made in writing, legibly signed bythe requester, and delivered by mail, facsimile, or electronic transmission, ordelivered in person to the register of deeds or clerk of court. The requestmust specify the personal information to be redacted, information thatidentifies the document that contains the personal information and uniqueinformation that identifies the location within the document that contains thesocial security, employer taxpayer identification, drivers license, stateidentification, passport, checking account, savings account, credit card, ordebit card number, or personal identification (PIN) code or passwords to beredacted. The request for redaction shall be considered a public record withaccess restricted to the register of deeds, the clerk of court, their staff, orupon order of the court. The register of deeds or clerk of court shall have noduty to inquire beyond the written request to verify the identity of a personrequesting redaction and shall have no duty to remove redaction for any reasonupon subsequent request by an individual or by order of the court, ifimpossible to do so. No fee will be charged for the redaction pursuant to suchrequest. Any person who requests a redaction without proper authority to do soshall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(f1) Without a requestmade pursuant to subsection (f) of this section, a register of deeds or clerkof court may remove from an image or copy of an official record placed on aregister of deeds' or clerk of court's Internet Web site available to thegeneral public, or placed on an Internet Web site available to the generalpublic used by a register of deeds or clerk of court to display public records,a person's social security or drivers license number contained in that officialrecord. Registers of deeds and clerks of court may apply optical characterrecognition technology or other reasonably available technology to officialrecords placed on Internet Web sites available to the general public in orderto, in good faith, identify and redact social security and drivers licensenumbers.
(g) A register of deedsor clerk of court shall immediately and conspicuously post signs throughout hisor her offices for public viewing and shall immediately and conspicuously posta notice on any Internet Web site available to the general public used by aregister of deeds or clerk of court a notice stating, in substantially similarform, the following:
(1) Any person preparingor filing a document for recordation or filing in the official records may notinclude a social security, employer taxpayer identification, drivers license,state identification, passport, checking account, savings account, credit card,or debit card number, or personal identification (PIN) code or passwords in thedocument, unless expressly required by law or court order, adopted by the StateRegistrar on records of vital events, or redacted so that no more than the lastfour digits of the identification number is included.
(2) Any person has aright to request a register of deeds or clerk of court to remove, from an imageor copy of an official record placed on a register of deeds' or clerk ofcourt's Internet Web site available to the general public or on an Internet Website available to the general public used by a register of deeds or clerk ofcourt to display public records, any social security, employer taxpayeridentification, drivers license, state identification, passport, checkingaccount, savings account, credit card, or debit card number, or personalidentification (PIN) code or passwords contained in an official record. Therequest must be made in writing and delivered by mail, facsimile, or electronictransmission, or delivered in person, to the register of deeds or clerk ofcourt. The request must specify the personal information to be redacted,information that identifies the document that contains the personal informationand unique information that identifies the location within the document thatcontains the social security, employer taxpayer identification, driverslicense, state identification, passport, checking account, savings account,credit card, or debit card number, or personal identification (PIN) code orpasswords to be redacted. No fee will be charged for the redaction pursuant tosuch a request. Any person who requests a redaction without proper authority todo so shall be guilty of an infraction, punishable by a fine not to exceed fivehundred dollars ($500.00) for each violation.
(h) Any affected personmay petition the court for an order directing compliance with this section. Noliability shall accrue to a register of deeds or clerk of court or to his orher agent for any action related to provisions of this section or for anyclaims or damages that might result from a social security number or otheridentifying information on the public record or on a register of deeds' orclerk of court's Internet website available to the general public or anInternet Web site available to the general public used by a register of deedsor clerk of court. (2005‑414,s. 4; 2006‑173, ss. 1‑7; 2009‑355, s. 3.)
