South Carolina
Quick Facts
Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: Yes, if >1,000 residents notified
Scope of this Summary:
Notification requirements applicable to persons conducting business in the state and who own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
Notification not required if you reasonably believe that illegal use has not and is not reasonably likely to occur or if use of covered info does not create a material risk of harm to the resident.
Breach Defined
Unauthorized access and acquisition that materially compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted, redacted, or rendered unusable with other methods.
Form of Covered Information
Electronic Only
Covered Information
The first name or first initial and last name in combination with and linked to any one or more of the following data elements:
- Social Security number.
- Driver's license number or state identification card number issued instead of a driver's license.
- Financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident's financial account.
- Other numbers or information which may be used to access a person's financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual.
Consumer Notice Timing
Must be made in the most expedient time possible without unreasonable delay, consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.
Consumer Notice Method
By written notice, telephone notice, or electronic notice (if it is the primary method of communication with the resident or is consistent with E-SIGN and Chapter 6, Title 11 of the 1976 Code). Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
South Carolina does not have specific content requirements for the notification letter.
Delayed Notice
Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
Government Notice
If more than 1,000 residents notified pursuant to this statute, must notify Consumer Protection Division of the South Carolina Department of Consumer Affairs, without unreasonable delay, of timing, distribution, and content of the consumer notice.
Consumer Reporting Agency Notice
If more than 1,000 residents are notified, must notify, without unreasonable delay, all nationwide Consumer Reporting Agencies of timing, distribution, and content of the consumer notice.
Exceptions for Other Laws
Does not apply to a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act (GLBA).
Third-Party Notice
If you conduct business in the state and maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach.
Private Right of Action
The South Carolina general breach notification statute allows for private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023