Privacy law in South Carolina

There is no comprehensive consumer privacy law in South Carolina yet. H3401, the 'Technology Transparency' bill, was introduced in the 2025-2026 legislative session but was referred to committee and marked as dead as of January 14, 2025. While the bill proposed meaningful consumer rights — including the right to access, delete, correct, and opt out of data sales — it never became law. South Carolina residents currently rely on federal protections and a handful of narrow state laws for their data privacy.

What protections do exist in South Carolina

South Carolina Data Breach Security Act

South Carolina requires businesses and government agencies to notify residents when a breach of their personal information occurs. Notification must be made in the most expedient time possible and without unreasonable delay. Personal information covered includes Social Security numbers, driver's license numbers, financial account numbers combined with access codes, and other sensitive identifiers. (S.C. Code Ann. § 39-1-90)

South Carolina Insurance Data Security Act

South Carolina requires insurance licensees to develop and maintain a comprehensive information security program to protect nonpublic personal information. Licensees must investigate and notify the Director of Insurance of cybersecurity events affecting consumer data, providing some financial-sector data protections for South Carolina consumers. (S.C. Code Ann. § 38-99-10 et seq.)

South Carolina Student Privacy Act / FERPA compliance

South Carolina supplements federal FERPA protections by restricting how student data collected by schools and educational technology vendors may be used. Vendors providing services to schools may not use student data for targeted advertising or sell student information, providing baseline protections for minors' educational records. (S.C. Code Ann. § 59-1-490)

Federal protections that apply to South Carolina residents

Even without a state privacy law, federal protections still apply to South Carolina residents. The FTC Act Section 5 prohibits unfair or deceptive data practices by businesses. HIPAA protects your medical records and health information. COPPA requires parental consent before companies collect data from children under 13. The Gramm-Leach-Bliley Act limits how financial institutions share your financial data.

What’s happening in the South Carolina legislature

Several privacy bills have been introduced in South Carolina. None has passed into law yet, but they signal where consumer privacy legislation in the state may be heading.

H3401 — Technology Transparency

H3401 would have added Chapter 31 to Title 37 of South Carolina law, creating comprehensive consumer privacy rights including the right to access, delete, correct, and obtain a copy of personal data, opt out of targeted advertising and data sales, and opt out of sensitive data collection. It would have applied to large controllers (over $1 billion in global revenue) and been enforced by the Attorney General with civil penalties up to $50,000 per violation. The bill was referred to the Committee on Judiciary on January 14, 2025, and is currently considered dead. Status: stalled. Read the bill text.

How Optery helps South Carolina residents

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