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South Carolina Data Breach Statute

 

S.C. Code § 39-1-90

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible and
without unreasonable delay

YES, if >1,000 residents notified

 

More Details

Scope of this Summary Notification requirements applicable to persons conducting business in the state and that 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.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; financial account, 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; or other numbers or info which may be used to access a person's financial accounts or are issued by a governmental or regulatory entity that uniquely identifies a resident.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, redacted or rendered unusable with other methods.
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.
Consumer Notice Timing: Must be made in the most expedient time possible without unreasonably delay consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.

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.
Delayed Notice Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
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.
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 Agency Notice If more than 1,000 residents are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.
Third-Party Notice If you conduct business in the state and maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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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 March 26, 2018