Law / United States / 
South Carolina
Requirements for disposition of business records containing personal identifying information
Disposition of business records, S.C. Code Ann. sec. 37-20-190
In force since .
A security baseline statutes rule binding private bodies.
- Obligation class
- Security
As of .
What it requires
- 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.
These lines are LexLint's reading of the law's text, as of .
What this law does
When a business disposes of a business record that contains personal identifying information of a customer, the business must modify the information, by shredding, erasing, or other means, to make it unreadable or undecipherable. A business complies if it contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on its behalf.
The section does not apply to a bank or financial institution subject to and in compliance with the Gramm-Leach-Bliley Act privacy and security provisions, a health insurer subject to and in compliance with the federal health privacy and security standards, or a consumer credit-reporting agency subject to and in compliance with the Fair Credit Reporting Act.
A consumer credit-reporting agency or other person that wilfully violates a provision of the chapter is liable for three times the amount of actual damages or not more than one thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs. A consumer credit-reporting agency or other person that negligently violates the chapter is liable for actual damages and reasonable attorney's fees and costs. The section has applied since .
When LexLint raises it
When your app profile says your app reuses other publishers' content, sends automated outreach, crawls the web, deploys a chatbot, distributes a software product, generates content with AI, makes high-risk automated decisions, operates an app store, operates a social platform, processes biometric data, processes voice recordings, publishes adult content, records calls, records text chat, serves under-18s, ships a mobile app, tracks devices or trains models.