A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 2, TITLE 30, SO AS TO PROHIBIT PUBLIC BODIES FROM COLLECTING OR DISCLOSING CERTAIN PERSONAL INFORMATION ABOUT DONORS, MEMBERS, AND SUPPORTERS OF NONPROFIT ORGANIZATIONS, TO PROVIDE EXEMPTIONS, AND TO ESTABLISH PENALTIES FOR VIOLATIONS.

 

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

 

SECTION 1.  This act may be cited as the "Personal Privacy Protection Act."

 

SECTION 2.  Chapter 2, Title 30 of the S.C. Code is amended by adding:

 

Article 9

Personal Privacy Protection Act

 

    Section 30-2-910.  The purpose of this article is to prohibit public bodies from collecting, disclosing, or releasing personal information about members, volunteers, and financial or nonfinancial donors to nonprofit organizations except as required by law. This article provides penalties and civil remedies for violations of these privacy protections.

 

    Section 30-2-920.  As used in this article:

    (1) "Nonprofit organization" means an entity that is exempt from federal income tax under Section 501(c) of the Internal Revenue Code, has submitted an application to the Internal Revenue Service for recognition of an exemption under Section 501(c), or is a not-for-profit business entity recognized under state law.

    (2) "Person" means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, committee, association, corporation, club, labor organization, or any other organization or group of persons acting in concert.

    (3) "Personal information" means any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit organization.

    (4) "Public body" means any state or local governmental unit and its employees, however designated, including, but not limited to, this state; any department, agency, office, commission, board, division, or other entity of this state; any political subdivision of this state, including, but not limited to, a county, municipality, school district, special purpose district, council of government, joint agency, or any other local governmental unit, agency, authority, council, board, or commission; or any state or local court, tribunal, or other judicial or quasi-judicial body.

 

    Section 30-2-930.  (A) Notwithstanding any other provision of law and subject to Section 30-2-940, a public body shall not:

       (1) require any person or nonprofit organization to provide the public body with personal information or otherwise compel the release of personal information;

       (2) release, publicize, or otherwise publicly disclose personal information in the possession of the public body;

       (3) request or require a current or prospective contractor or grantee with the public body to provide a list of nonprofit organizations to which the contractor or grantee has provided financial or nonfinancial support.

    (B) Personal information is exempt from disclosure under the South Carolina Freedom of Information Act.

 

    Section 30-2-940.  Nothing in this article precludes:

    (1) any report or disclosure required by Sections 8-13-1300 through 8-13-1374 or Section 2-17-35;

    (2) any lawful warrant for personal information issued by a court of competent jurisdiction;

    (3) a lawful request for discovery of personal information in litigation when:

       (a) the requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and

       (b) the requestor obtains a protective order barring disclosure of personal information to any person not named in the litigation;

    (4) admission of personal information as relevant evidence before a court of competent jurisdiction; however, no court shall publicly reveal personal information absent a specific finding of good cause;

    (5) a public body releasing personal information voluntarily released to the public by the person or nonprofit organization to which the information relates;

    (6) collection of information disclosing the identity of any director, officer, registered agent, or incorporator of a nonprofit organization in any report or disclosure required by statute to be filed with the Secretary of State; however, information that directly identifies a person as a donor of financial support to a nonprofit organization shall not be collected or disclosed;

    (7) disclosure of personal information derived from a donation to a nonprofit organization that is affiliated with a public body and required by statute, if the person has not previously requested anonymity from the nonprofit organization;

    (8) anything in this article applying to a national securities association registered pursuant to Section 15A of the Securities Exchange Act of 1934, as amended, or regulations adopted thereunder, or information such association provides to the South Carolina Attorney General pursuant to Sections 35-1-101 through 35-1-880 and rules promulgated thereunder.

 

    Section 30-2-950.  (A)  A person alleging a violation of this article may bring a civil action for appropriate injunctive relief, damages, or both. Damages awarded under this section may include one of the following, as appropriate:

       (1) A sum of money not less than two thousand-five hundred dollars to compensate for injury or loss caused by each violation of this article.

       (2) For an intentional violation of this article, a sum of money not to exceed three times the sum described in item (1).

    (B) A court, in rendering a judgment in an action brought under this article, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

    (C) A person who knowingly violates this article is guilty of a misdemeanor punishable by imprisonment for not more than ninety days, a fine of not more than one thousand dollars, or both.

 

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 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, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

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

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