Utility Billing Information as Public Record

North Carolina General Statutes section 132-1.1(c) explicitly provides that “billing information compiled and maintained by a city or county or other public entity providing utility services in connection with the ownership or operation of a public enterprise, excluding airports, is not a public record as defined in G.S. 132-1.”

Does this mean the city may not disclose billing information? Not exactly, according to a recent post by Kara Millonzi of the School of Government on the NC Local Government Law blog. She postulates a number of scenarios under which the disclosure of billing information may be legal under G.S. 132-1.1(c). She suggests, however, that the decision to make such a disclosure should be pursuant to a decision made by the governing board, and the municipality should apply any governing board directive consistently.

In any event, G.S. 132-1.10 prohibits a local government or public authority from intentionally communicating or otherwise making available to the general public certain identifying information, including Social Security or employer taxpayer identification numbers; driver’s license, state identification card, or passport numbers; checking or savings account numbers; credit or debit card numbers; digital signatures; personal identification code numbers; biometric data (such as eye scans, voice scans, and DNA); fingerprints; or passwords. Furthermore, G.S. 132-1.2(2) prohibits a local unit or authority from revealing an account number used for electronic payment (defined as payment by charge card, credit card, debit card, or by electronic funds transfer).

Bottom line: the town does not have to disclose any of this information to the public. It may under certain circumstances, but better be very careful.