This document provides information about public records laws in North Carolina. It defines what constitutes a public record and notes that all public records must be made available unless there is a valid privacy, security, or privilege limitation. It outlines individuals' right to access public records in the format of their choosing and provides guidance on submitting requests, potential fees, required responses, and options for appealing denials.

1. Ryan Thornburg
University of North Carolina

2. • What are they?
• How do I get them?
• What do I do with them?

3. “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”

4. “Persons requesting copies of public records may
elect to obtain them in any and all media in which
the public agency is capable of providing them. No
request for copies of public records in a particular
medium shall be denied on the grounds that the
custodian has made or prefers to make the public
records available in another medium.”

5. “No request to inspect, examine, or obtain copies of
public records shall be denied on the grounds that
confidential information is commingled with the
requested nonconfidential information. If it is
necessary to separate confidential from
nonconfidential information in order to permit the
inspection, examination, or copying of the public
records, the public agency shall bear the cost of
such separation.”

6. “Nothing in this section shall … require a public
agency to respond to a request for a copy of a public
record by creating or compiling a record that does
not exist. … Nothing in this section shall be
construed to require a public agency to put into
electronic medium a record that is not kept in
electronic medium.”

9. 1. Complete
All public data is made
available. Public data is data that is not
subject to valid privacy, security or privilege
limitations.

11. • Time
• Date
• Location
• Nature of a violation
• Name of a person
arrested, charged, or indicted.
• Sex of a person
arrested, charged, or indicted.

12. • Age of a person
arrested, charged, or indicted
• Address of a person
arrested, charged, or indicted
• Employment of a person
arrested, charged, or indicted
• Whether the arrest involved
resistance
• Whether the arrest involved
possession or use of weapons

13. • Whether the arrest involved
pursuit
• Description of any items seized in
connection with the arrest
• Name of complaining witness
• Sex of complaining witness
• Age of complaining witness
• Address of a complaining witness
• EXCEPT …

14. • if release of the information is
reasonably likely to pose a threat to
the mental health, physical
health, or personal safety of the
complaining witness or materially
compromise a continuing or future
criminal investigation or criminal
intelligence operation. (You can
appeal)

15. • if it will jeopardize the right of the
State to prosecute a defendant or
the right of a defendant to receive a
fair trial or will undermine an
ongoing or future investigation
(police must first get a court order)

16. “The use of a public record in
connection with a criminal
investigation or the gathering of
criminal intelligence shall not
affect its status as a public
record.”

17. 2. Primary
Data is as collected at the source, with the
highest possible level of granularity, not in
aggregate or modified forms.

20. 3. Timely
Data is made available as quickly as
necessary to preserve the value of the data.
4. Accessible
Data is available to the widest range of users
for the widest range of purposes.

21. 5. Machine processable
Data is reasonably structured to allow
automated processing.
Not PDF.

22. 6. Non-discriminatory
Data is available to anyone, with no
requirement of registration.
“No 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.”

23. 7. Non-proprietary
Data is available in a format over which no
entity has exclusive control.

25. 8. License-free
Data is not subject to any
copyright, patent, trademark or trade secret
regulation. Reasonable privacy, security and
privilege restrictions may be allowed.

26. • Request
• Download
• Scrape
• API

27. • Know the ‘Custodian’
• Know the Name of the Paper
• Know the Fields You Want

28. Every public agency shall create an index of computer
databases compiled or created (after 1998)
• list of the data fields
• description of the format or record layout
• frequency with which the database is updated
• list of any data fields to which public access is restricted
• description of each form in which the database can be
copied using the agency's computer facilities
• a schedule of fees for the production of copies in each
available form
(Database = “data or documents residing in a
database management program or spreadsheet
software”)

29. “Pursuant to the state open records act, N.C. General
Statute 132-1 to 132-10, I am requesting access to or copies
of information contained in the [name of
database], specifically the following fields: …
“I request that the data be made available in the [filetype]
format and copied onto either a CD-ROM or portable USB
disk that I will provide.
“If our request is denied in whole or part, I ask that you
justify all deletions by reference to the specific exemptions
of the act. We will also expect you to release all segregable
portions of otherwise exempt material.
“This material will be used in the preparation of news
articles. As such, I ask that you waive all fees in the public
interest. However, I am willing to pay up to $500 in your
agency’s direct costs for search and copy. Please contact me
if this amount is insufficient.”

30. • Reply: “as prompt as possible”
• Copies: “as soon as reasonably
possible”
• Denials: Should be in
writing, citing specific statutory
reasons.

31. Costs:
• “extensive use of information technology
resources or extensive clerical or
supervisory assistance”
• “producing the record in the medium
requested results in a greater use of
information technology resources than
that established by the agency for
reproduction of the volume of information
requested "

32. Costs:
• “a special service charge, which shall be
reasonable and shall be based on the
actual cost incurred for such extensive use
of information technology resources or
the labor costs of the personnel providing
the services, or for a greater use of
information technology resources that is
actually incurred by the agency or
attributable to the agency”

33. • OutWit
– Firefox Add-On
– www.outwit.com

35. • ScreenScraper
– Downloadable Program for Windows & Mac
– www.screen-scraper.com

39. • Access & Excel
• Google Fusion Tables & Maps
• Tableau Public
• Socrata
• OpenBlock
• PANDA

40. Sum Sort Filter Functions

47. • http://github.com/openrural
• http://openblock.readthedocs.org
• http://openblockproject.org

48. • pandaproject.net
• demo.pandaproject.net

49. Ryan Thornburg
ryan.thornburg@unc.edu
@rtburg