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Can I skip monitoring and auditing compliance with CCPA in South Carolina? What are the requirements?

CCPA Compliance Requirements in South Carolina

The California Consumer Privacy Act (CCPA) is a privacy law that applies to businesses that collect personal information from California residents. However, if your business operates in South Carolina and collects personal information from California residents, you may still be subject to CCPA compliance requirements.

CCPA Applicability

Under CCPA, a business is subject to the law if it meets one or more of the following criteria:

  • Has annual gross revenues of $25 million or more;
  • Buys, receives, or sells the personal information of 50,000 or more California residents, households, or devices; or
  • Derives 50% or more of its annual revenues from selling California residents’ personal information.

CCPA Compliance Requirements

If your business is subject to CCPA, you must comply with the following requirements:

  • Provide California residents with notice of their rights under CCPA;
  • Provide California residents with the ability to opt-out of the sale of their personal information;
  • Provide California residents with the ability to request that their personal information be deleted;
  • Provide California residents with the ability to access their personal information; and
  • Implement reasonable security measures to protect California residents’ personal information.

South Carolina Laws

South Carolina has not enacted a state privacy law similar to CCPA. However, South Carolina has enacted other laws that may impact your business, such as the South Carolina Transparency and Integrity in Education Act [2] and the South Carolina Save Our Venues Act [3]. Additionally, South Carolina is considering enacting the South Carolina Education Bank Act [5].

Therefore, if your business operates in South Carolina and collects personal information from California residents, you may still be subject to CCPA compliance requirements. It is recommended that you consult with a legal professional to determine your specific obligations under CCPA and other applicable laws.

[2]: Indicates Matter Stricken Indicates New Matter As Passed By The Senate May 10, 2023 H. 3728 Introduced by Reps. Felder, A. M. Morgan, Leber, Magnuson, Haddon, Harris, Taylor, S. Jones, Landing, McCravy, Lowe, Jordan, Bradley, Herbkersman, Bannister, W. Newton, Elliott, B. J. Cox, Willis, Hewitt, West, Long, Burns and T. A. Morgan S. Printed 05/10/23–S. [SEC 5/11/2023 2:38 PM] Read the first time February 09, 2023 __ A bill to amend the South Carolina Code of Laws by enacting the “South Carolina Transparency and Integrity in Education Act”; BY ADDING ARTICLE 5 TO CHAPTER 29, TITLE 59 SO AS TO EXPRESS RELATED INTENTIONS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONCEPTS FROM BEING INCLUDED IN PUBLIC SCHOOL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE MEANS FOR ADDRESSING VIOLATIONS, AND TO PROVIDE PROCEDURES FOR PUBLIC REVIEW OF PUBLIC SCHOOL CURRICULUM AND INSTRUCTIONAL MATERIALS; and by amending Section 59-28-180, relating to PARENTAL EXPECTATIONS IN THE PARENTAL INVOLVEMENT IN THEIR CHILDREN’S EDUCATION ACT, so as to PROVIDE PARENTS ARE EXPECTED TO BE THE PRIMARY SOURCE OF THE EDUCATION OF THEIR CHILDREN REGARDING MORALS, ETHICS, AND CIVIC RESPONSIBILITY, AND TO PROVIDE A PARENTAL PLEDGE OF EXPECTATIONS MUST BE PROVIDED TO PARENTS AS PART OF THE REGISTRATION AND ENROLLMENT PROCESS. Amend

[3]: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE “SOUTH CAROLINA SAVE OUR VENUES ACT”, BY ADDING SECTION 61-2-670 SO AS TO PROVIDE FOR CERTAIN CIVIL RIGHTS OF ACTION FOR INJURIES RESULTING FROM ALCOHOLIC CONSUMPTION.

[5]: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE “SOUTH CAROLINA EDUCATION BANK ACT”; BY ADDING CHAPTER 58 TO TITLE 11 SO AS TO CREATE THE “SOUTH CAROLINA EDUCATION BANK”, TO ESTABLISH A GOVERNING BOARD, TO PROVIDE FOR THE POWERS OF THE BANK, TO FUND THE BANK, TO PROVIDE LIABILITY PROTECTIONS, TO PROVIDE FOR DEPOSITS, TO PROVIDE FOR ANNUAL REPORTING REQUIREMENTS, TO PROVIDE FOR LOCAL SCHOOL BOARD FUNDING REQUEST REQUIREMENTS, AND TO DEFINE NECESSARY TERMS.

Source(s):
Jurisdiction

South Carolina