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533Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010403Primary Sponsor: ShortAll Sponsors: Short, Glover and HuttoDrafted Document Number: l:\council\bills\dka\4198mm01.docCompanion Bill Number: 3848Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Personal Identifying Information Protection Act, Freedom of Information, Secretary of State, Agencies, StateHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010403 Companion Bill No. 3848 Senate 20010403 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 4, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING ARTICLE 3 SO AS TO ENACT THE "PERSONAL IDENTIFYING INFORMATION PROTECTION ACT" AND TO PROVIDE FOR THE ESTABLISHMENT BY STATE AGENCIES OF PROCESSES AND PROCEDURES THROUGH THE OFFICE OF THE SECRETARY OF STATE FOR REASONABLY MAINTAINING THE PRIVACY OF AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION; AND TO REDESIGNATE THE FREEDOM OF INFORMATION ACT AS ARTICLE 1 OF CHAPTER 4, TITLE 30.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 4 of Title 30 of the 1976 Code is amended by adding:
Section 30-4-310. This article may be cited as the 'Personal Identifying Information Protection Act'.
Section 30-4-320. As used in this article:
(1) 'Agency' means a state office, department, division, board, commission, and authority, and an officer or employee of it, except that it does not include the General Assembly or local political subdivisions.
(2) 'Individual' means a natural person.
(3) 'Personal identifying information' means information maintained by an agency that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, employment history, weight, race, other physical details, signature, or biometric identifiers.
'Personal identifying information' does not mean information about vehicular accidents, driving violations, and driver's status.
Section 30-4-330. The Secretary of State is designated as the Personal Identifying Information Official for the State. The Secretary of State shall compile the information submitted to his office pursuant to this article and, along with his recommendations for further safeguards to protect the personal identifying information of an individual, report to the General Assembly on January first of each calendar year.
Section 30-4-340. (A) An agency may maintain in its records only that personal identifying information that is relevant and necessary to accomplish a purpose of the agency as:
(1) required or authorized by the Constitution of the State of South Carolina or statute; or
(2) mandated by the federal government.
(B) An agency shall collect personal identifying information directly from the individual who is the subject of the information rather than from another source, to the greatest extent practical.
(C) An agency shall maintain all records with accuracy, relevance, timeliness, and completeness.
(D) This article does not prevent the sharing of personal identifying information between agencies for a legitimate purpose.
Section 30-4-350. An individual must be given reasonable access to information maintained by an agency about him, unless otherwise prohibited by state or federal law. Each agency must establish a policy for giving an individual the opportunity to correct and amend information determined to be inaccurate by the agency.
Section 30-4-360. (A) An agency shall establish written requirements for the design, development, operation, disclosure, or maintenance of records containing personal identifying information and instruct appropriate personnel on both the requirements of this article and the penalties for noncompliance.
(B) The requirements must include the right of an individual to request in writing that his residence address or name and residence address, or both, be classified as private data and not be disclosed except to law enforcement. The request must be granted by the agency head, or his designee, if it is accompanied by a sworn signed statement by the individual briefly explaining the reasons the classification is necessary to protect the safety of the individual or the individual's family, or both of them, as evidenced by a police report or court order. The request also must contain a valid existing address at which the individual consents to receive service of process.
(C) The requirements must be submitted to the Secretary of State by June thirtieth of each calendar year, except that, if changes are not made by the agency after the initial submission, the agency may submit a letter to the Secretary of State to that effect.
Section 30-4-370. This article does not permit disclosure of personal identifying information that is otherwise exempt from disclosure by another state or federal law.
Section 30-4-380. (A) An agency must provide a form giving an individual the opportunity, in a clear and conspicuous manner, to prohibit the use of his personal identifying information for use for surveys, marketing, or solicitations. Surveys, marketing, and solicitations may not be directed to an individual who has submitted that completed form to the agency.
(B) This section does not prohibit the gathering or dissemination of newsworthy facts by a publisher or broadcaster in accordance with the requirements provided for in this article."
SECTION 2. Sections 30-4-10 through 30-4-165, Chapter 4, Title 30 of the 1976 Code, known as the "Freedom of Information Act" are redesignated as Article 1, Chapter 4, Title 30.
SECTION 3. Upon approval by the Governor, this act takes effect July 1, 2001.
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