South Carolina General Assembly
114th Session, 2001-2002

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Bill 204


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


COMMITTEE REPORT

January 31, 2001

    S. 204

Introduced by Senator Hawkins

S. Printed 1/31/01--S.

Read the first time January 24, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 204) to amend Title 30, Code of Laws of South Carolina, 1976, by adding Chapter 2, so as to create the "Family Privacy Protection Act of 2001" to establish state policy regarding the use and dissemination of personal information, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

WILLIAM MESCHER, for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

    A survey of 14 of the largest state agencies that have considerable interaction with the public indicates that there would be minimal, if any, impact to the general fund, federal funds, and other funds. A majority of these agencies already have a privacy policy in existence. Although most of these agencies do not display those policies on their websites it is estimated there would be little impact in adding proper notification to those websites. Most of the information is not available for public scrutiny, and the surveyed agencies do not feel it would require large expenditures to protect the information.

SPECIAL NOTES:

    The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 30 of the 1976 Code is amended by adding:

"CHAPTER 2

Family Privacy Protection Act of 2001

    Section 30-2-10.    This chapter shall be designated as the `Family Privacy Protection Act of 2001.'

    Section 30-2-20.    All state agencies, boards, commissions, institutions, departments, or other state entities by whatever name known must develop privacy policies and procedures to ensure that the collection, use and dissemination of personal information pertaining to citizens of the State is limited to such personal information statutorily required by any such agency, board, commission, institution, department, or other state entity and necessary to fulfill a legitimate public purpose.

    Section 30-2-30.    For purposes of this act, the following terms have the following meanings:

    (1)    `Personal information' means an individual's name, address, telephone number, height, weight, date of birth, social security number, bank account(s) number, credit card(s) number, driver's license number, account or identification number issued by and/or used by any federal or state government agency or private financial institution, and any credit record(s) or report(s).

    (2)    `Legitimate public purpose' means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.

    Section 30-2-40.    (A)    Any state agency, board, commission, institution, department, or other state entity which hosts, supports, or provides a link to page or site accessible through the world wide web must clearly display its privacy policy and the name and telephone number of the agency, board, commission, institution, department, or other state entity person responsible for administration of the policy.

    (B)    Where personal information is authorized to be collected by an entity covered by this section, the entity must at the time of collection advise the citizen to whom the information pertains that the information is subject to public scrutiny or release.

    Section 30-2-50.    (A)    A private person or entity shall not knowingly obtain or use any personal information obtained from a public record for any form of commercial solicitation directed to any person in this State.

    (B)    Every public body shall provide a notice to all requestors of records under this chapter, and to all persons who obtain records under this chapter, that obtaining or using public records for any purposes of commercial solicitation directed to any person in this State is prohibited.

    (C)    All state agencies shall take reasonable measures to ensure that no private individual obtains or distributes personal information obtained from a public record for any form of commercial solicitation.

    (D)    A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both."

SECTION    2.    This act takes effect upon approval by the Governor.

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