Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I collect personal information from my customers in California in South Carolina? What are the requirements?

Yes, you can collect personal information from your customers in California and South Carolina, but you must comply with the relevant laws and regulations in both states.

Requirements for Collecting Personal Information in California and South Carolina

California

In California, the right to privacy is protected by the California Constitution and the United States Constitution [2.2]. The California Consumer Privacy Act (CCPA) provides additional protections for California residents’ personal information [2.3].

Under the CCPA, businesses that collect personal information from California residents must provide certain notices and disclosures, including a privacy policy that describes the categories of personal information collected, the purposes for which the information is used, and the categories of third parties with whom the information is shared [2.3].

Additionally, businesses must provide California residents with the right to request access to and deletion of their personal information, as well as the right to opt-out of the sale of their personal information [2.3].

South Carolina

In South Carolina, public bodies (as defined in Section 30-1-10(B)) 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 [1.1].

If a public body collects social security numbers, it must ensure that the numbers are relevant to the purpose for which they were collected and must not use them for any purpose other than the stated purpose [1.1].

Before a public body transfers or disposes of information technology hardware or storage media owned or leased by it, all personal and confidential information must be removed and the hardware and storage media must be sanitized in accordance with standards and policies adopted by the Department of Administration, Division of the State Chief Information Officer [1.1].

When a public body disposes of a record that contains personal identifying information of an individual, the body must modify the personal identifying information to make it unreadable or undecipherable [1.1].

Obtaining Personal Information for Commercial Solicitation

It is important to note that in South Carolina, a person or private entity shall not knowingly obtain or use personal information obtained from a state agency, a local government, or other political subdivision of the State for commercial solicitation directed to any person in this State [1.2].

Conclusion

If you collect personal information from customers in California and South Carolina, you must comply with the relevant laws and regulations in both states. In California, businesses must provide certain notices and disclosures and provide California residents with certain rights regarding their personal information. In South Carolina, public bodies must be careful when collecting and disposing of personal information. Additionally, obtaining personal information for commercial solicitation directed to any person in South Carolina is prohibited.

Source(s):
Jurisdiction

South Carolina, California