North Carolina
Comprehensive Privacy Law
North Carolina does not currently have a comprehensive consumer data privacy law in effect. Unlike states such as California, Virginia, and Colorado, North Carolina residents do not yet have broad statutory rights to control how businesses collect, use, and share their personal information.
The state currently relies on existing consumer protection laws and federal regulations to address privacy concerns, but these provide limited protections compared to comprehensive state privacy legislation.
Legislative Activity
Two comprehensive privacy bills are currently pending in the North Carolina General Assembly for the 2025 session. House Bill 462 (Personal Data Privacy Act) was introduced on March 19, 2025, and Senate Bill 757 (Consumer Privacy Act) was introduced on March 25, 2025[1][2][3]. Both bills are currently in committee and would take effect on January 1, 2026 if enacted.
These competing bills share many similar provisions but differ in some key details, including enforcement mechanisms and penalty structures. The legislative process will likely involve reconciling these differences before any final law is passed.
Implementation Timeline
If either privacy bill is enacted during the 2025 legislative session, it would become effective on January 1, 2026[1][3]. This timeline would give businesses approximately eight months to prepare for compliance once a law is signed.
The bills include cure periods that would allow the North Carolina Attorney General to provide businesses time to address violations before pursuing enforcement actions, ranging from 45 to 60 days depending on which version becomes law[1][3].
Your Rights as a North Carolina Resident
Under the proposed privacy legislation currently pending in the North Carolina General Assembly, residents would gain the following rights if either bill becomes law:
- Right to know what data is collected – You could request information about what personal data a business has collected about you and how it is being used
- Right to delete personal information – You could request that businesses delete your personal data, with some exceptions for legitimate business purposes; this right is specifically available under H 462
- Right to opt out of data sales – You could prevent businesses from selling your personal information to third parties for monetary or other valuable consideration
- Right to correct inaccurate data – You could request that businesses fix errors in your personal information
- Right to data portability – You could request your personal data in a portable format to transfer to another service provider
- Right to opt out of profiling – You could prevent businesses from using your data for automated decision-making that has legal or significant effects on you
- Right to non-discrimination – Businesses could not deny services, charge different prices, or provide different service levels because you exercised your privacy rights; this protection is specifically available under H 462
These rights would only apply if one of the pending bills becomes law. Currently, North Carolina residents have limited privacy rights under existing consumer protection statutes.
Business Requirements
The proposed privacy laws would apply to businesses that meet specific thresholds for data processing activities involving North Carolina residents:
- Coverage thresholds – H 462 applies to businesses processing data of 35,000 or more consumers annually, or 10,000 or more consumers while deriving over 20% of revenue from data sales. S 757 applies to businesses with $25M+ annual revenue and either 100,000+ consumers or 25,000+ consumers with 50% revenue from data sales
- Transparency requirements – Companies would need to provide clear privacy notices explaining what data they collect, how they use it, and with whom they share it
- Consumer request procedures – Businesses would need to establish systems to verify consumer identities and respond to rights requests within specified timeframes
- Sensitive data protections – Companies would need consumer consent before processing sensitive data like biometric information, precise geolocation, or health data[1][3]
- Security measures – Businesses would be required to implement appropriate data security practices based on the volume and nature of personal data they process
- Risk assessments – Companies would need to conduct data protection assessments for high-risk processing activities like targeted advertising and data sales; this requirement applies only under H 462[1]
Practical Impact
- Daily life protections – If enacted, the proposed laws would give you more control over how retailers, social media platforms, and other digital services handle your personal information, potentially reducing unwanted targeted advertising and data sharing
- Violation remedies – The proposed laws would grant exclusive enforcement authority to the North Carolina Attorney General, meaning individual consumers could not file private lawsuits for most violations, though some limited private rights exist for sensitive data breaches[1][3]
- Current limitations – Without comprehensive privacy legislation, North Carolina residents currently have minimal legal recourse for privacy violations beyond existing consumer protection laws and federal regulations like HIPAA for health information
- Geographic restrictions – The proposed legislation includes unique provisions prohibiting geofencing around healthcare facilities to track patients, addressing specific privacy concerns about location tracking near medical providers[1]
Comparison Context
- Behind leading states – North Carolina lags behind states like California, Virginia, Colorado, and Connecticut that already have comprehensive privacy laws providing residents with data control rights
- Catching up efforts – The pending legislation would align North Carolina with the growing trend of state privacy laws, joining 16 other states that have enacted similar comprehensive privacy legislation[4][5]
- Missing protections – Currently, North Carolina residents lack many privacy rights that residents of other states enjoy, including the ability to access their data from most companies or opt out of data sales and targeted advertising
- Enforcement differences – Unlike some states that allow private lawsuits, North Carolina’s proposed approach relies primarily on Attorney General enforcement, which may limit individual remedies compared to states with broader private rights of action
Action Steps for Residents
- Monitor legislation – Stay informed about the progress of House Bill 462 and Senate Bill 757 through the North Carolina General Assembly website and contact your representatives to express support or concerns
- Current privacy practices – Review privacy settings on social media accounts, mobile apps, and online services; opt out of data sales where currently possible through company privacy policies
- Existing complaint options – File complaints about unfair business practices with the North Carolina Department of Justice Consumer Protection Division, which handles privacy-related consumer protection issues under current law[6][7]
- Federal rights – Exercise existing privacy rights under federal laws like HIPAA for health information and credit reporting laws for financial data
Official Resources and Contact Information
North Carolina General Assembly
The North Carolina General Assembly is responsible for considering the pending privacy legislation. You can track the progress of House Bill 462 and Senate Bill 757 and contact your representatives about privacy issues.
General Assembly Contact:
Phone: (919) 733-4111 (legislative switchboard)
Website: https://www.ncleg.gov/
Finding Your Representatives
To contact your specific state legislators about privacy legislation:
Find your legislators: https://www.ncleg.gov/findyourlegislators
Email format: firstname.lastname@ncleg.net
Mailing address: North Carolina General Assembly, Raleigh, NC 27601-1096
Consumer Protection and Privacy Complaints
For current privacy-related consumer protection issues, contact the North Carolina Department of Justice Consumer Protection Division:
Filing Complaints:
Online complaint form: https://ncdoj.gov/file-a-complaint/
Consumer assistance line: (919) 716-6000
Toll-free within NC: 1-877-5-NO-SCAM
Spanish language: (919) 716-0058
Governor’s Office
Contact the Governor’s office about privacy legislation:
Phone: (919) 733-5811
Website: https://www.governor.nc.gov/
Legislative Information and Bill Tracking
Access comprehensive information about pending privacy legislation:
Bill information and status: https://www.ncleg.gov/
Legislative calendar and committee schedules available on the General Assembly website
Live audio streams of legislative sessions available online
Sources and Citations
Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.