Confidentiality of Information Obtained During the Licensure Procedure

August 15, 1997

W. A. "Doc" Hoggard, III PPS Board Administrator Private Protective Services Board

P. O. Box 29500 Raleigh, NC 27626-0500

Advisory Opinion; The Public Records Law, Chapter 132 of the General Statutes;

Confidentiality of Application for Licensure and Other Information Obtained During the

Licensure Procedure

You request our opinion whether an application for licensure and other information obtained during the licensure procedure are public records subject to inspection and examination under

N.C.G.S.: § 132-1 defines public records as follows:

"Public record" or "public records" shall mean 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 of North Carolina government or its subdivisions.

The Private Protective Services Board is an agency of state government, having being created by the General Assembly of North Carolina. See Chapter 74C of the General Statutes of North Carolina. Therefore, anything made or received by the Board in carrying out its statutory duties and responsibilities is a matter of public record, unless otherwise made confidential by some other provision of law. Mr. W. A. "Doc" Hoggard, III

As to the specific items listed in your letter which you ask that we identify as being "public" or "confidential," the only ones which you may by law keep confidential are: (a) social security number; and (b) medical related information provided by the applicant or the applicant’s physician. See, 5 U.S.C. § 552a note; and N.C.G.S. § 8-53. It is also possible that some financial information may be confidential. Because I have not reviewed the financial information you refer to, I cannot with certainty state whether or not it may be kept confidential. However, in our telephone conversation you elaborated to some extent on [§3] what you meant by financial information, which would include outstanding debts, bad debts and the like. This type information would be confidential only if it falls within the exclusion for financial information contained in N.C.G.S. § 132-1.1(b). This section provides that tax information is confidential. It then defines tax information as follows:

(a). Information contained on a tax return, a tax report, or an application for a license for which a tax is imposed. (b). Information obtained through an audit of a taxpayer or by correspondence with the taxpayer. (c). Information on whether a taxpayer has filed a tax return or a tax report. (d). A list or other compilation of the names, addresses, social security numbers, or similar information concerning taxpayers.

N.C.G.S. § 105-259(a)(2).

In 1976 this office issued a formal opinion concluding that applications for licensure received by the North Carolina State Board of Examiners for Speech and Language Pathologist and Audiologists are subject to inspection and examination under N.C.G.S. § 132-6. This formal opinion may be found in Volume 45 N.C.A.G. 188. I enclose a copy of this opinion for your information.

Should you have any further questions, please feel free to contact us.

Very Truly Yours,

Andrew A. Vanore, Jr. Chief Deputy Attorney General