April 2, 1997
Ms. Susan Moran Public Relations Manager North Carolina Division of Travel and Tourism 301 North Wilmington Street Raleigh, North Carolina 27601-2825
Re: Advisory Opinion, Inspection and examination of records. N.C.G.S § 132-6, Inspection of Photographs in the Custody of North Carolina Division Travel and Tourism by private businesses and private citizens.
Dear Ms. Moran:
Your letter to our office dated February 14, 1997, requested an opinion as to whether photographs and slides of cultural, historical, and natural resources of the State which are in the custody of the Division of Travel and Tourism are public records as defined by Chapter 132 of the North Carolina General Statutes. Specifically, you asked:
1) Is the division’s current policy of providing slides/photography to any entity requesting them consistent with the laws of this state?
North Carolina’s Public Records Law defines public records as:
All documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics made or received pursuant to law or ordinance in connection with the transaction of public business by any agency or North Carolina government or its subdivisions. N.C.G.S. § 132-1(a). (emphasis added)
The Public Records Law further states:
Every custodian of public records shall permit any record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. N.C.G.S. § 132-6(a). (emphasis added).
Given the language contained in the above mentioned sections of the Public Records Law, we believe that the division’s policy of providing slides or photography to any entity requesting them is not only consistent with, but required by Chapter 132.
2) Once provided, does the division have any authority to exercise control over the use of the slides/photography?
The Public Records Law does not specifically address whether the custodian of a record can exercise control over the use of a copy of that record provided pursuant to the Public Records Law. However, N.C.G.S. § 132-6(b) provides that, "[n]o person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request." If the custodian cannot require the requestor to disclose the purpose or motive for making the request for the record, any attempt to monitor or control the use of that record would be impracticable. Therefore, the division does not have any authority to exercise control over the use of the photographs once they have been released to the public.
3) Should the division make any changes to its current policy to more fully comply with the laws of this state?
Obviously, we can only comment as to the Public Records Law in the context of this advisory opinion. The division’s policy should mirror the public policy outlined in Chapter 132 and that is:
The public records and public information compiled by the agencies of North Carolina government or it subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. N.C.G.S. § 132-1(b).
Any policy or procedure established by the division must be compatible to the public policy declared by the General Assembly in the above language.
We hope you find this information to be useful. Should you have additional questions or if you need clarification on any point discussed in this opinion, please do not hesitate to contact this office.
Wanda G. Bryant Senior Deputy Attorney General
T. Brooks Skinner, Jr.
Associate Attorney General