State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-401_1

§ 115C‑401.1.  Prohibition on the disclosure ofinformation about students.

(a)        It is unlawful for a person who enters into a contract witha local board of education or its designee to sell any personally identifiableinformation that is obtained from a student as a result of the person'sperformance under the contract. This prohibition does not apply if the personobtains the prior written authorization of the student's parent or guardian.This authorization shall include the parent's or guardian's original signature.The person shall not solicit this authorization and signature through theschool's personnel or equipment or on school grounds.

(b)        The following definitions apply in this section:

(1)        "Contract" means a contract for the provision ofgoods or services.

(2)        "Personally identifiable information" means anyinformation directly related to a student, including the student's name,birthdate, address, social security number, individual purchasing behavior orpreferences, parents' names, telephone number, or any other information oridentification number that would provide information about a specific student.

(3)        "Sell" means sell or otherwise use for a businessor marketing purpose.

(c)        A violation of subsection (a) of this section shall bepunished as a Class 2 misdemeanor, and when the defendant is an organization asdefined in G.S. 15A‑773(c) the fine shall be five thousand dollars($5,000) for the first violation, ten thousand dollars ($10,000) for a secondviolation, and twenty‑five thousand dollars ($25,000) for a third orsubsequent violation.

(d)        Nothing in this section shall preclude the enforcement ofcivil remedies as otherwise provided by law.

(e)        Nothing in this section prohibits the identification anddisclosure of directory information in compliance with federal law and localboard of education policy or procedure. (2001‑500, s.1.)