Can I collect location information from participants in South Carolina? What are the requirements?

Collecting Location Information in South Carolina

In South Carolina, the collection of location information from participants is subject to certain regulations. The South Carolina Code of Laws Section 23-47-75 states that CMRS location information obtained by safety personnel or for public safety purposes is not public information under the Freedom of Information Act. Additionally, a person may not disclose or use, for any purpose other than for the 911 or other emergency calling system, information contained in the database of the telephone network portion of a 911 or other emergency calling system established pursuant to this chapter.

Therefore, if you are collecting location information for public safety purposes or for use in the 911 or other emergency calling system, you may collect and use this information. However, you may not disclose or use this information for any other purpose.

It is important to note that individual identifying information of an individual calling a 911 center, individual identifying information of a victim, or individual identifying information of a witness is exempt from disclosure. Additionally, images or video from a place where the 911 caller would have a reasonable expectation of privacy are also exempt from disclosure.

If you are collecting location information that is not covered by the exemptions listed above, a local government may exempt this information from disclosure. However, this section shall not apply if the local government or a court order determines that the public interest in disclosure outweighs the interest in nondisclosure.

Therefore, if you are collecting location information in South Carolina, it is important to ensure that you are doing so for public safety purposes or for use in the 911 or other emergency calling system. Additionally, you must ensure that any individual identifying information or images or video from a place where the 911 caller would have a reasonable expectation of privacy are exempt from disclosure.

Requirements for 911 Systems

If you are collecting location information for use in the 911 system, it is important to ensure that your system meets the requirements set forth in the South Carolina Code of Laws Section 23-47-20. This section outlines the system requirements for a coordinated statewide 911 system.

The Revenue and Fiscal Affairs Office is responsible for creating and updating a comprehensive strategic 911 and NextGen 9-1-1 system and revising the standards that govern the operation of those systems. The standards must be developed and updated with comments and recommendations from the South Carolina 911 Advisory Committee, local officials, service providers, and the public.

The system requirements outlined in Section 23-47-20 include, but are not limited to:

• Integration and standardization of local mapping data
• Aerial imagery services that will support the strategic plan and public safety on an on-going basis
• Equipment within the PSAP to connect the PSAP to all law enforcement, fire protection, and emergency medical or rescue agencies, as well as to emergency responders
• First priority to answering 911 calls
• Electronic recording of all 911 calls that are retained for a minimum of sixty days
• Immediate playback capability of all 911 calls
• Necessary physical security to minimize the possibility of intentional disruption of the operation
• Standby emergency power to operate the PSAP during power failures
• Written operational procedures
• Capability to answer ninety-five percent of calls within fifteen seconds and ninety-nine percent in forty seconds
• Routing and capabilities to receive and process CMRS service and VoIP service capable of making 911 calls

Therefore, if you are collecting location information for use in the 911 system, it is important to ensure that your system meets these requirements.

Conclusion

In South Carolina, the collection of location information is subject to certain regulations. If you are collecting location information for public safety purposes or for use in the 911 or other emergency calling system, you may collect and use this information. However, you may not disclose or use this information for any other purpose. Additionally, if you are collecting location information for use in the 911 system, it is important to ensure that your system meets the requirements set forth in Section 23-47-20.

Jurisdiction

South Carolina

• Privacy