S*0204(Rat #0261, Act #0225 of 2002)  General Bill, By Hawkins and Richardson
 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 2002" 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 PERSON OR PRIVATE ENTITY FROM USING
 PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION
 DIRECTED TO A RESIDENT OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS
 OF THESE PROVISIONS; AND TO AMEND SECTION 44-37-30, RELATING TO TESTING OF
 NEWBORN BLOOD SAMPLES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL,
 SO AS TO SPECIFY THAT THESE BLOOD SAMPLES ARE CONFIDENTIAL, TO PROVIDE THAT
 THE PARENTS OR GUARDIAN OF THE CHILD, OR THE CHILD AFTER REACHING AGE
 EIGHTEEN, SHALL DIRECT, ON FORMS PROVIDED BY THE DEPARTMENT, WHETHER THE
 SAMPLE MAY BE USED FOR ANONYMOUS STUDIES, RETURNED, OR DESTROYED, AND TO
 PROVIDE PENALTIES FOR VIOLATIONS.-amended title

   01/24/01  Senate Introduced and read first time SJ-9
   01/24/01  Senate Referred to Committee on Judiciary SJ-9
   01/31/01  Senate Committee report: Favorable Judiciary SJ-17
   02/15/01  Senate Special order SJ-20
   02/20/01  Senate Debate interrupted SJ-16
   02/22/01  Senate Debate interrupted SJ-16
   03/01/01  Senate Amended SJ-23
   03/01/01  Senate Read second time SJ-23
   03/01/01  Senate Ordered to third reading with notice of
                     amendments SJ-23
   03/08/01  Senate Debate interrupted SJ-27
   03/13/01  Senate Debate interrupted SJ-23
   03/14/01  Senate Debate interrupted SJ-28
   03/15/01  Senate Debate interrupted SJ-13
   03/20/01  Senate Amended SJ-21
   03/20/01  Senate Read third time and sent to House SJ-21
   03/21/01  House  Introduced and read first time HJ-11
   03/21/01  House  Referred to Committee on Judiciary HJ-11
   01/30/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/06/02  House  Amended HJ-21
   02/06/02  House  Requests for debate-Rep(s). Merrill,
                     Moody-Lawrence, Law, Dantzler, Haskins, Perry,
                     Owens, Harrell, Gourdine, Knotts, Whatley,
                     Bowers, Bales and McGee HJ-23
   02/07/02  House  Requests for debate removed-Rep(s). Merrill,
                     Whatley, Law, Gourdine, Dantzler, Perry,
                     Haskins, Owens, Knotts, Bowers and
                     Moody-Lawrence HJ-37
   02/12/02  House  Amended HJ-19
   02/12/02  House  Requests for debate-Rep(s). Loftis, Robinson and
                     Perry HJ-20
   02/14/02  House  Requests for debate removed-Rep(s). Robinson HJ-23
   02/14/02  House  Requests for debate removed-Rep(s). Loftis, Perry
                     and McGee HJ-28
   02/14/02  House  Requests for debate-Rep(s). Carnell, Wilder,
                     Klauber, McLeod, Parks, Taylor, Ott, Weeks,
                     Clyburn, JH Neal, McGee, Lloyd, Whatley, Mack
                     and Gourdine HJ-29
   02/27/02  House  Amended HJ-98
   02/27/02  House  Debate adjourned until Thursday, February 28,
                     2002 HJ-99
   03/07/02  House  Amended HJ-38
   03/07/02  House  Read second time HJ-41
   03/07/02  House  Roll call Yeas-99  Nays-0 HJ-41
   03/20/02  House  Read third time and returned to Senate with
                     amendments HJ-21
   04/10/02  Senate House amendment amended SJ-19
   04/10/02  Senate Returned to House with amendments SJ-19
   04/18/02  House  Concurred in Senate amendment and enrolled HJ-66
   04/25/02         Ratified R 261
   05/01/02         Signed By Governor
   05/14/02         Act No. 225
   06/25/02         Effective date 05/01/02
   06/25/02         Copies available

AN ACT 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 2002" 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 PERSON OR PRIVATE ENTITY FROM USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A RESIDENT OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AMEND SECTION 44-37-30, RELATING TO TESTING OF NEWBORN BLOOD SAMPLES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO SPECIFY THAT THESE BLOOD SAMPLES ARE CONFIDENTIAL, TO PROVIDE THAT THE PARENTS OR GUARDIAN OF THE CHILD, OR THE CHILD AFTER REACHING AGE EIGHTEEN, SHALL DIRECT, ON FORMS PROVIDED BY THE DEPARTMENT, WHETHER THE SAMPLE MAY BE USED FOR ANONYMOUS STUDIES, RETURNED, OR DESTROYED, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Family Privacy Protection Act created

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 2002'.

Section 30-2-20. All state agencies, boards, commissions, institutions, departments, and other state entities, by whatever name known, must develop privacy policies and procedures to ensure that the collection of personal information pertaining to citizens of the State is limited to such personal information 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 records or reports.

'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;

(c) selling or marketing banking, insurance, securities, or commodities 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; or

(d) contacting persons for political purposes using information on file with state or local voter registration offices.

(4) 'Medical information' includes, but is not limited to, blood samples and test results obtained and kept by the Department of Health and Environmental Control pursuant to Section 44-37-30.

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.

(C) Subsection (B) does not apply to criminal justice or judicial agencies, or both.

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 person or private entity 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."

Newborn screenings; procedures for retaining and releasing samples revised

SECTION 2. Section 44-37-30 of the 1976 Code is amended to read:

"Section 44-37-30. (A) A child born in this State, except a child born of a parent who objects on religious grounds and indicates this objection before testing on a form promulgated in regulation by the Department of Health and Environmental Control, shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies.

(B) Information obtained as a result of the tests conducted pursuant to this section is confidential and may be released only to a parent or legal guardian of the child, the child's physician, and the child when eighteen years of age or older when requested on a form promulgated in regulation by the department.

(C) A blood sample obtained pursuant to this section is confidential and may be released only as the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, directs the department at the time of testing or at any time after that on a form promulgated in regulation by the department.

(D)(1) Unless otherwise directed pursuant to this subsection, a blood sample obtained pursuant to this section must be stored by the department at minus 20º centigrade and may be released for purposes of confidential, anonymous scientific study. The release of a blood sample must conform with regulations promulgated by the department. At the time of testing or at any time after that, on a form promulgated in regulation by the department, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to:

(a) return a blood sample in its entirety and any test results not less than two years after the date of testing;

(b) destroy a blood sample in a scientifically acceptable manner not less than two years after the date of the testing; or

(c) store a blood sample at minus 20º centigrade but not release the blood sample for confidential, anonymous scientific study.

(2) A blood sample released for confidential, anonymous study pursuant to this section must not contain information which may be used to determine the identity of the donor. A blood sample released pursuant to this section may contain demographic or other statistical information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.

(E)(1) A blood sample that has not been stored at minus 20° centigrade before the effective date of this section must be destroyed in a scientifically acceptable manner six months from the effective date of this section unless a parent or legal guardian of a child from whom a blood sample was obtained, or the child if eighteen years of age or older, requests return of the blood sample on a form provided by the department.

(2) A blood sample stored at minus 20° centigrade pursuant to this section before the effective date of this section must be retained as prescribed in subsection (D) unless directed by the parent or legal guardian of the child from whom a blood sample was obtained to destroy or return the blood sample.

(F) The department shall promulgate regulations necessary for the implementation of this section. All forms must include information concerning the benefits of neonatal testing and storage of a blood sample.

(G) A person who violates this section or the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined not more than fifty thousand dollars or imprisoned for not more than three years."

Severability

SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 25th day of April, 2002.

Approved the 1st day of May, 2002.