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

Collecting Personal Information in South Carolina

Based on the information provided in the context documents, there are specific requirements for collecting personal information in South Carolina.

According to SCCL 30-2-310, a public body 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. Social security numbers collected by a public body must be relevant to the purpose for which collected and must not be collected until and unless the need for social security numbers has been clearly documented.

Additionally, when collecting a social security number or any portion of it containing six digits or more from an individual, the public body must provide, at the time of or before the actual collection of the social security number by that public body, upon request of the individual, a statement of the purpose or purposes for which the social security number is being collected and used. The social security number or a portion of it containing six digits or more cannot be used for any purpose other than the purpose stated.

Furthermore, a public body cannot intentionally communicate or otherwise make available to the general public an individual’s social security number or a portion of it containing six digits or more or other personal identifying information.

Exceptions to Disclosure

SCCL 30-2-320 provides exceptions to the disclosure of social security numbers and identifying information. 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. Social security numbers and identifying information may also be disclosed pursuant to a court order, warrant, or subpoena, for public health purposes, on certified copies of vital records, on a recorded document in the official records of the county, on a document filed in the official records of the courts, and to an employer for employment verification or in the course of administration or provision of employee benefit programs, claims, and procedures related to employment.

Matters Exempt from Disclosure

SCCL 30-4-40 provides a list of matters exempt from disclosure, including information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy, records, video or audio recordings, or other information compiled for law enforcement purposes, and matters specifically exempted from disclosure by statute or law.

Obtaining Personal Information for Commercial Solicitation

According to SCCL 30-2-50, 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. Violation of this provision is a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.

Conclusion

Based on the information provided in the context documents, collecting personal information in South Carolina is subject to specific requirements and exceptions to disclosure. It is important to ensure that the collection of personal information is authorized by law and relevant to the purpose for which it is collected. Additionally, personal information cannot be disclosed to the general public, except in certain circumstances. Obtaining personal information for commercial solicitation directed to any person in South Carolina is prohibited and may result in criminal penalties.

Jurisdiction

South Carolina

• Privacy