N.C.P.I.—Civil 870.73

The (state number) issue reads:

“Was the property or person of the plaintiff injured by reason of the

defendant’s broadcasting or publishing personal information of the

plaintiff?”

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, three

things:

First, that the defendant2 knowingly broadcast or published3 to the

public [on radio, television, or cable television] [in a writing of any kind]

[on the Internet] personal information4 of the plaintiff.

Personal information means a person’s first name or first initial and

last name in conjunction with that person’s [social security or taxpayer

identification numbers] [drivers license, State identification card, or

passport numbers] [checking account, savings account, credit card or

debit card numbers] [Personal Identification (PIN) Code5] [digital

signatures] [any numbers or information that can be used to access a

person’s financial resources] [biometric data] [fingerprints] [passwords].6

[Personal information does not include [publicly available

directories containing information an individual has voluntarily consented

to have publicly disseminated or listed, including name, address and

telephone number] [information made lawfully available to the general

public from federal, state or local government records]].7

[I instruct you that (state type of personal information) would be

personal information.]

Second, that the defendant acted with actual knowledge that the

plaintiff whose personal information was disclosed had previously

objected to any such disclosure; and

Third, that the person or property of the plaintiff was injured by

reason of the defendant’s broadcasting or publishing personal information

of the plaintiff.

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant knowingly broadcast or published to the public personal

information of the plaintiff, that the defendant acted with actual

knowledge that the plaintiff whose personal information was disclosed

had previously objected to any such disclosure, and that the person or

property of the plaintiff was injured by reason of the defendant’s

broadcasting or publishing personal information of the plaintiff, then it

would be your duty to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.