Law / United States / 
South Carolina
Family Privacy Protection Act of 2002: no commercial solicitation with personal information obtained from a public body
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
What it requires
- 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)).
- 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)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 30-2-50(D): a person knowingly violating subsection (A) is guilty of a misdemeanor and on conviction must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
Who enforces it
Enforcement body
Criminal prosecution of the misdemeanor in section 30-2-50(D); the section names no agency that enforces the notice and reasonable-measures duties of subsections (B) and (C).
What record it asks for
Logging duty
Section 30-2-50 prohibits a use of personal information and requires a notice and reasonable measures. It names no log, register or retained file.
- Kind
- None
- As of
What this law does
A person or private entity may 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. Commercial solicitation means contact by telephone, mail or electronic mail for the purpose of selling or marketing a consumer product or service.
Commercial solicitation does not include contact for the purpose of offering membership in a credit union, notifying of continuing education opportunities, selling or marketing banking, insurance, securities or commodities services provided by an institution or entity defined in or required to comply with the federal Gramm-Leach-Bliley Financial Modernization Act, or contacting persons for political purposes using information on file with state or local voter registration offices.
Each state agency, local government and political subdivision of the State must provide a notice to all requestors of records pursuant to the chapter and to all persons who obtain records pursuant to it that obtaining or using public records for commercial solicitation directed to any person in the State is prohibited.
Each state agency, local government and political subdivision of the State must take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation. A person knowingly violating the prohibition is guilty of a misdemeanor and on conviction must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
Act 67 of 2017, effective , extended the prohibition to personal information obtained from local governments and political subdivisions of the State.
When LexLint raises it
When your app profile says your app processes personal data or sends automated outreach.
Back to the example · Lint your app
Page updated .