Duty LXD-1081
Processes personal data, in South Carolina
Family Privacy Protection Act of 2002: no commercial solicitation with personal information obtained from a public bodysince 3 lines
S.C. Code Ann. sec. 30-2-50 · Read the law's page
- Do not knowingly obtain or use personal information obtained from a state agency, a local government or another political subdivision of the State for commercial solicitation directed to any person in the State, which means contact by telephone, mail or electronic mail to sell or market a consumer product or service (section 30-2-50(A) and section 30-2-30(3)).
- If you are a state agency, local government or political subdivision, give every requestor of records, and every person who obtains records, a notice that obtaining or using public records for commercial solicitation directed to any person in the State is prohibited (section 30-2-50(B)).when it serves a public body
- If you are a state agency, local government or political subdivision, take reasonable measures to ensure that no person or private entity obtains or distributes personal information from a public record for commercial solicitation (section 30-2-50(C)).when it serves a public body
Requirements for disposition of business records containing personal identifying informationsince 3 lines
Disposition of business records, S.C. Code Ann. sec. 37-20-190 · Read the law's page
- Applies to a business that disposes of a business record that contains personal identifying information of a customer. It does not apply to a bank or financial institution subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act, a health insurer subject to and in compliance with the privacy and security standards of the Health Insurance Portability and Accountability Act of 1996, or a consumer credit-reporting agency subject to and in compliance with the federal Fair Credit Reporting Act.
- When you dispose of a business record that contains personal identifying information of a customer, modify the personal identifying information by shredding, erasing, or other means so that it is unreadable or undecipherable.
- You comply if you contract with a person engaged in the business of disposing of records to make that modification on your behalf.
Personal Identifying Information Privacy Protection: no social security or account numbers in recorded documents, and removal on request from online official recordssince 4 lines
S.C. Code Ann. secs. 30-2-330 and 30-2-340 · Read the law's page
- Do not include an individual's social security, driver's license, state identification, passport, checking account, savings account, credit card or debit card number, or personal identification (PIN) code or passwords, in a document you prepare or file to be recorded or filed in a county's official records, unless law, a court order or a rule of the state registrar on records of vital events expressly requires it (section 30-2-330(A)).
- Do not rely on a loan closing instruction that requires an individual's social security number to be included on a document to be recorded, because it is void (section 30-2-330(A)).
- If you are a register of deeds or clerk of court, on a written request legibly signed by the individual or the individual's attorney-in-fact or legal guardian, and specifying the identification page number, remove the listed numbers, PIN code or passwords from the image or copy of the official record on a publicly available Internet web site, without a fee (section 30-2-330(B)).
- If you are a register of deeds or clerk of court, immediately and conspicuously post signs in your offices, and a notice on any web site you use for the ordering or display of official records, stating the filing prohibition and the right to request removal (section 30-2-330(C)).
Business data breach of security, notification statutesince 3 lines
S.C. Code Ann. sec. 39-1-90 · Read the law's page
- Notify each affected South Carolina resident of a breach of security involving personal identifying information in the most expedient time possible and without unreasonable delay.
- Notify the Consumer Protection Division of the Department of Consumer Affairs and all nationwide consumer reporting agencies if you notify more than 1,000 persons of a breach at one time.
- Expect a South Carolina resident injured by a violation of this statute to be able to sue you directly for damages, an injunction, and attorney's fees. This statute grants a private right of action on its face.
Age-Appropriate Design Code, sensitive personal data and biometric datasince 3 lines
S.C. Code Ann. sec. 39-80-10(18) (Act No. 96 of 2026, H. 3431) · Read the law's page
- Treat biometric data processed to uniquely identify an individual as sensitive personal data, and state in the annual public report whether, how and for what purpose you collect or process minors' sensitive personal data (sections 39-80-10(18)(g) and 39-80-70(A)(4)).
- Do not assume a recording-derived faceprint or voiceprint is excluded from 'biometric data' here. The chapter never defines the term, so no exclusion or clawback can be confirmed either way from the statutory text.
- Do not treat a minor's biometric data collected without the minor's knowledge as publicly available data, even if drawn from an otherwise public source.
Age-Appropriate Design Code, enforcementsince 2 lines
S.C. Code Ann. sec. 39-80-80 (Act No. 96 of 2026, H. 3431) · Read the law's page
- Expect the South Carolina Attorney General to enforce this chapter, with treble damages available for a violation and personal liability for officers and employees on a willful or wanton violation.
- Do not assume this chapter is silent on private enforcement or that it is settled either way. Whether a private plaintiff may invoke the treble-damages remedy is unresolved in the statutory text.
South Carolina Age-Appropriate Design Code, general applicability and minor-protective design dutiessince 2 lines
S.C. Code Ann. secs. 39-80-10 et seq. (Act No. 96 of 2026, H. 3431) · Read the law's page
- Determine whether your online service is reasonably likely to be accessed by a minor under 18 before relying on any Age-Appropriate Design Code exemption.
- Apply default privacy settings and limit profiling, targeted advertising, and precise-geolocation collection for a known minor user, and provide parental controls.