Can I use customer data for marketing purposes without violating privacy laws in South Carolina? What are the requirements?

Using Customer Data for Marketing Purposes in South Carolina

To use customer data for marketing purposes in South Carolina, you must obtain the customer’s consent ^[3.3]. Additionally, you must clearly display a privacy policy and the name and telephone number of the agency, board, commission, institution, department, or other state entity person responsible for administration of the policy if you host, support, or provide a link to a page or site accessible through the world wide web ^[3.2].

Other Relevant Laws and Regulations

• All state agencies, boards, commissions, institutions, departments, and other state entities must develop privacy policies and procedures to ensure that the collection of personal information pertaining to citizens of the State is limited to such personal information required by any such agency, board, commission, institution, department, or other state entity and necessary to fulfill a legitimate public purpose ^[3.1].
• Social security numbers and identifying information may be disclosed to another governmental entity or its agents, employees, or contractors, if disclosure is necessary for the receiving entity to perform its duties and responsibilities ^[5.2].
• Public bodies may not collect a social security number or any portion of it containing six digits or more from an individual unless authorized by law to do so or unless the collection of the social security number is otherwise imperative for the performance of that body’s duties and responsibilities as prescribed by law ^[5.1].

Note that these requirements may not be exhaustive and other laws and regulations may apply depending on the specific circumstances.

^[3.1]: SCCL 30-2-20 ^[5.1]: SCCL 30-2-310 ^[3.2]: SCCL 30-2-40 ^[5.2]: SCCL 30-2-320 ^[3.3]: SCCL 30-2-50

Source(s):

• [3.1] Privacy policies and procedures required of all state entities.
• [5.1] Collection of and maintenance and disposition of records containing social security numbers by public agencies.
• [3.2] Display of privacy policy on web site; access to personal information disclosure; criminal justice and judicial agency exception.
• [5.2] Disclosure of social security numbers and identifying information.
• [3.3] Obtaining personal information from state agency, local government, or other political subdivision for commercial solicitation; penalty.

Jurisdiction

South Carolina

• General