Can I skip obtaining consent to disclose personal information for a business purpose in South Carolina? What are the requirements?

Disclosure of Personal Information for Business Purpose in South Carolina

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]. Additionally, 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 ^[1.3].

Therefore, obtaining consent to disclose personal information for a business purpose in South Carolina depends on the source of the personal information. If the personal information is obtained from a state agency, local government, or other political subdivision of the State, then obtaining consent to disclose the personal information for commercial solicitation directed to any person in this State is prohibited ^[1.2]. However, if the personal information is collected by a state agency, board, commission, institution, department, or other state entity and is necessary to fulfill a legitimate public purpose, then obtaining consent may not be required ^[1.3].

It is important to note that if a public body collects personal information, it must ensure that the personal information is not intentionally communicated or otherwise made available to the general public ^[1.1]. Additionally, if the public body disposes of a record that contains personal identifying information of an individual, the body shall modify, by shredding, erasing, or other means, the personal identifying information to make it unreadable or undecipherable ^[1.1].

Conclusion

In South Carolina, obtaining consent to disclose personal information for a business purpose depends on the source of the personal information. If the personal information is obtained from a state agency, local government, or other political subdivision of the State, then obtaining consent to disclose the personal information for commercial solicitation directed to any person in this State is prohibited. However, if the personal information is collected by a state agency, board, commission, institution, department, or other state entity and is necessary to fulfill a legitimate public purpose, then obtaining consent may not be required.

Source(s):

• [1.1] Collection of and maintenance and disposition of records containing social security numbers by public agencies.
• [1.2] Obtaining personal information from state agency, local government, or other political subdivision for commercial solicitation; penalty.
• [1.3] Privacy policies and procedures required of all state entities.

Jurisdiction

South Carolina

• Privacy