Law / United States / 
South Carolina
Personal Identifying Information Privacy Protection: no social security or account numbers in recorded documents, and removal on request from online official records
S.C. Code Ann. secs. 30-2-330 and 30-2-340
In force since .
A data subject rights rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Data subject rights, Disclosure
- Audit expectation
- none
What it requires
- 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)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 30-2-330(A): a person who violates the prohibition on including the listed numbers in a recorded document is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars for each violation.
Who enforces it
Enforcement body
Criminal prosecution of the misdemeanor in section 30-2-330(A), and a court petition for compliance by an affected individual under section 30-2-340.
What record it asks for
Logging duty
Section 30-2-330 prohibits including certain numbers in recorded documents and requires removal on written request, signs and a web notice. It names no log, register or retained file of requests.
- Kind
- None
- As of
What this law does
A person preparing or filing a document to be recorded or filed in the official records by the register of deeds or the clerk of court of a county may 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 code or passwords, unless otherwise expressly required by law or court order or rule adopted by the state registrar on records of vital events.
A loan closing instruction that requires the inclusion of an individual's social security number on a document to be recorded is void. A person who violates the prohibition is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars for each violation.
An individual or the individual's attorney-in-fact or legal guardian may request that a register of deeds or clerk of court remove the individual's listed numbers, personal identification code or passwords from an image or copy of an official record placed on a publicly available Internet web site.
The request must be made in writing, legibly signed by the requester, and delivered by mail, facsimile or electronic transmission or in person, and must specify the identification page number that contains the number or code to be redacted. A fee must not be charged for the redaction pursuant to the request.
A register of deeds or clerk of court must immediately and conspicuously post signs throughout the office, and a notice on any Internet web site used for the ordering or display of official records, stating the filing prohibition and the right to request removal. Any affected individual may petition the court for an order directing compliance with section 30-2-330.
Liability may not accrue to a register of deeds or clerk of court or to the agents of either for claims or damages that arise from a social security number or other identifying information on the public record.
When LexLint raises it
When your app profile says your app processes personal data.
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