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COMMITTEE REPORT
January 30, 2002
S. 204
S. Printed 1/30/02--H.
Read the first time March 21, 2001.
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", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 30-2-20 page 1, line 39 after /All/ by inserting /counties or/ and on page 2, line 2 after /such/ by inserting /county,/. So when amended Section 30-2-20 reads:
/Section 30-2-20. All counties or 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 county, agency, board, commission, institution, department, or other state entity and necessary to fulfill a legitimate public purpose. /
Amend the bill, further, Section 30-2-30 page 2, line 20 before /vehicular/ by inserting /boating accidents/ and before /or/ by inserting /boating violations,/; page 2, line 24 after /telephone/ by inserting /, mail, or electronic mail/; page 2 by deleting subitem (c) on lines 31 and 32 and inserting:
/(c) selling or marketing financial services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338./. So when amended Section 30-2-30 reads:
/Section 30-2-30. For purposes of this act, the following terms have the following meanings:
(1) 'Personal information' means information that identifies or describes an individual, including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit record(s) or report(s).
'Personal information' does not mean information about boating accidents vehicular accidents, driving violations, boating violations, or driver status.
(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.
(3) 'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities sponsored by not-for-profit professional associations; or
(c) selling or marketing financial services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338. /
Amend the bill, further, Section 30-2-40 page 3, immediately after line 2 by inserting:
/ (C) Subsection (B) does not apply to criminal justice or judicial agencies, or both. /
Amend the bill, further, Section 30-2-50(C) page 3, line 14 by deleting /private individual/ and inserting /person or private entity/. So when amended Section 30-2-50(C) reads:
/(C) All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation./
Renumber sections to conform.
Amend totals and title to conform.
JAY LUCAS for Committee.
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:
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 information that identifies or describes an individual, including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit record(s) or report(s).
'Personal information' does not mean information about vehicular accidents, driving violations, or driver status.
(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.
(3) 'Commercial solicitation' means contact by telephone for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities sponsored by not-for-profit professional associations; or
(c) solicitation of non-consumer products including, but not limited to, real estate.
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 person or private entity shall not knowingly obtain or use any personal information obtained from a public body for 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 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 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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