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4 <br /> interviews regarding agency internal investigations or interviews or <br /> interrogations of suspects or witnesses. <br /> c7) Release.— To provide a copy of a recording. <br /> Public Record and Personnel Record Classification. — Recordings are not public <br /> records as defined by G.S. 132-1. Recordings are not personnel records as defined in Part 7 of <br /> Chapter 126 of the General Statutes, G.S. 160A-168, or G.S. 153A-98. <br /> fcl Disclosure; General. — Recordings in the custody of a law enforcement agency shall <br /> be disclosed only as provided by this section. A person requesting disclosure of a recording <br /> must make a written request to the head of the custodial law enforcement agency that states the <br /> date and approximate time of the activity captured in the recording or otherwise identifies the <br /> activity with reasonable particularity sufficient to identify the recording to which the request <br /> refers. <br /> The head of the custodial law enforcement agency may only disclose a recording to the <br /> following: <br /> al A person whose image or voice is in the recording. <br /> al A personal representative of an adult person whose image or voice is in the <br /> recording, if the adult person has consented to the disclosure. <br /> al A personal representative of a minor or of an adult person under lawful <br /> guardianship whose image or voice is in the recording. <br /> A personal representative of a deceased person whose image or voice is in <br /> the recording. <br /> A personal representative of an adult person who is incapacitated and unable <br /> to provide consent to disclosure. <br /> When disclosing the recording, the law enforcement agency shall disclose only those portions <br /> of the recording that are relevant to the person's request. A person who receives disclosure <br /> pursuant to this subsection shall not record or copy the recording. <br /> fcll Disclosure; Factors for Consideration. — Upon receipt of the written request for <br /> disclosure, as promptly as possible, the custodial law enforcement agency must either disclose <br /> the portion of the recording relevant to the person's request or notify the requestor of the <br /> custodial law enforcement agency's decision not to disclose the recording to the requestor. <br /> The custodial law enforcement agency may consider any of the following factors in <br /> determining if a recording is disclosed: <br /> al If the person requesting disclosure of the recording is a person authorized to <br /> receive disclosure pursuant to subsection (c) of this section. <br /> al If the recording contains information that is otherwise confidential or exempt <br /> from disclosure or release under State or federal law. <br /> al If disclosure would reveal information regarding a person that is of a highly <br /> sensitive personal nature. <br /> If disclosure may harm the reputation or jeopardize the safety of a person. <br /> c51 If disclosure would create a serious threat to the fair, impartial, and orderly <br /> administration of justice. <br /> c61 If confidentiality is necessary to protect either an active or inactive internal <br /> or criminal investigation or potential internal or criminal investigation. <br /> fel Appeal of Disclosure Denial. — If a law enforcement agency denies disclosure <br /> pursuant to subsection (d) of this section, or has failed to provide disclosure more than three <br /> business days after the request for disclosure, the person seeking disclosure may apply to the <br /> superior court in any county where any portion of the recording was made for a review of the <br /> denial of disclosure. The court may conduct an in-camera review of the recording. The court <br /> may order the disclosure of the recording only if the court finds that the law enforcement <br /> agency abused its discretion in denying the request for disclosure. The court may only order <br /> disclosure of those portions of the recording that are relevant to the person's request. A person <br /> who receives disclosure pursuant to this subsection shall not record or copy the recording. An <br /> order issued pursuant to this subsection may not order the release of the recording. <br /> In any proceeding pursuant to this subsection, the following persons shall be notified and <br /> those persons, or their designated representative, shall be given an opportunity to be heard at <br /> any proceeding: (i) the head of the custodial law enforcement agency, (ii) any law enforcement <br /> agency personnel whose image or voice is in the recording and the head of that person's <br /> employing law enforcement agency, and (iii) the District Attorney. Actions brought pursuant to <br /> Page 2 Session Law 2016-88 House Bill 972 <br />