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North Carolina: Bill prohibiting interception and disclosure of wire, oral, or electronic communications introduced to Senate

Senate Bill 367 for an act to prohibit the interception and disclosure of a wire, oral, or electronic communication without the consent of all parties to the communication was introduced, on 23 March 2023, to the North Carolina State Senate, and thereafter referred, on 27 March 2023, to the Committee on Rules and Operations of the Senate. In particular, the bill would set out a general prohibition for the interception of any wire, oral, or electronic communication without the prior consent of all parties to the communication. Moreover, the bill sets out exceptions, including for investigative or law enforcement officers, or persons acting under the direction of an investigative or law enforcement officer, to intercept a wire, oral, or electronic communication when both of the following requirements are met:

  • the officer, or person acting under the direction of the officer, is a party to the communication, or one of the parties to the conversation has given prior consent to the interception of the communication; and
  • the purpose of the interception is to obtain evidence of a criminal act.

Finally, the bill would take effect on 1 December 2023.

You can read the bill here and track its progress here.