In a bipartisan vote today, the North Carolina General Assembly overrode Governor Josh Stein’s baseless veto to pass Senate Bill 416, The Personal Privacy Protection Act (PPPA). The vote makes North Carolina the 22nd state since 2018 to adopt proactive privacy protections for nonprofit members, donors, and volunteers, safeguarding the personal information of over 100 million Americans.

The PPPA prohibits state officials from demanding or disclosing personal information collected in connection with a person’s support for nonprofit organizations and stipulates penalties for violations of these privacy protections. The North Carolina law is based on a model policy developed by People United for Privacy Foundation.

“Every American has the right to support causes they believe in without fear of being targeted for retribution. Unfortunately, in today’s polarized political climate, even donors to nonprofit causes can come under attack. That’s why the PPPA is sorely needed in every state,” said Heather Lauer, CEO of People United for Privacy Foundation.

Americans are currently facing a wide range of threats to their privacy and ability to support causes they believe in. The rise of political violence has added new urgency to efforts to protect civic engagement and shield charitable giving. Fortunately, S.B. 416 makes it safer for all North Carolinians to support organizations that represent their beliefs and serve their communities.

Before reaching Governor Stein’s desk, the final version of S.B. 416 passed 24-15 in the Senate and 63-46 in the House in late June. The Senate vote included the support of two Democrats, while the House vote earned the support of three Democrats. Prior to those votes, committees in both chambers advanced the measure unanimously by voice vote. The bill’s lead sponsors were Republican Senators Warren Daniel, Ralph Hise, and Timothy Moffitt. Attorney General Jeff Jackson (D) also supported the bill.

Outside the General Assembly, support was bipartisan as well. S.B. 416 enjoyed backing from the American Civil Liberties Union of North Carolina, Americans for Prosperity – North Carolina, John Locke Foundation, North Carolina Coalition Against Domestic Violence, North Carolina Coalition Against Sexual Assault, North Carolina Family Policy Council, and Planned Parenthood.

Despite this depth of support, Governor Stein vetoed the legislation in early July, claiming erroneously that it “creates more opportunity for dark money in our politics.” The law contains an exemption, however, clarifying that the measure does not interfere with state campaign finance laws. Additional exemptions cover legal proceedings and certain agency-specific collection of personal information required by law. On July 29, both chambers of the General Assembly voted to override the governor’s misguided veto by votes of 30-19 in the Senate and 74-46 in the House.

In other states, the PPPA has often won universal or near-universal support from lawmakers in both parties. Earlier this year, Nevada adopted a similar law on a bipartisan basis with only one legislator voting against the Act. The law previously passed unanimously in Colorado, Nebraska, and Alabama. In all, 22 states containing 108 million Americans have passed the law.

The policy gained additional momentum in 2021, when the U.S. Supreme Court reiterated in Americans for Prosperity Foundation v. Bonta that nonprofits have a constitutional right to keep their members’ personal information private from prying state officials. That case arose after then-California Attorney General Kamala Harris ordered nonprofits to expose their confidential donor lists to her office.

In its opinion, the Court highlighted the nearly 300 nonprofit organizations that joined together to support nonprofit privacy protections like those enshrined by S.B. 416: “The gravity of the privacy concerns in [the disclosure] context is further underscored by the filings of hundreds of organizations as amici curiae in support of the petitioners. Far from representing uniquely sensitive causes, these organizations span the ideological spectrum, and indeed the full range of human endeavors: from the American Civil Liberties Union to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America—Eastern Wisconsin to PBS Reno. The deterrent effect feared by these organizations is real and pervasive…”

Congratulations are due to Senators Daniel, Hise, and Moffitt, members of the General Assembly, the state’s nonprofit community, and its citizens on this tremendous accomplishment for North Carolinians’ privacy rights.