South Carolina Division of Technology Operations provides accessibility guidance for state agencies aligned with federal standards.
South Carolina Accessibility & Privacy Laws
South Carolina does not currently have a comprehensive consumer privacy law. However, the state has data breach notification requirements and the South Carolina Insurance Data Security Act, which imposes significant data protection obligations on insurance industry participants. The Division of Technology Operations (DTO) provides accessibility guidance for state agencies.
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Accessibility Standards
DTO Guidelines
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Privacy Status
No Comprehensive Law
South Carolina has data breach notification requirements and insurance data security regulations but no comprehensive consumer privacy law.
Privacy Law Status
South Carolina has not enacted comprehensive consumer privacy legislation. The state has focused on data breach notification and industry-specific protections:
Current Privacy Protections
- Data Breach Notification: Breach notification requirements under S.C. Code § 39-1-90
- Insurance Data Security Act: Comprehensive data security requirements for insurance industry (S.C. Code § 38-99)
- Consumer Protection: The Unfair Trade Practices Act prohibits deceptive practices
- Financial Privacy: Protections for consumer financial information
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Notification Trigger | Unauthorized access to unencrypted/unredacted personal identifying information |
| Covered Information | Name plus SSN, driver's license, financial account, or other identifying numbers |
| Notification Timeline | Without unreasonable delay |
| Consumer Credit | Must notify consumer reporting agencies when notifying more than 1,000 persons |
| Method | Written notice or electronic notice with consent |
Insurance Data Security Act
South Carolina's Insurance Data Security Act (effective January 1, 2019) requires licensees to implement comprehensive data security programs:
- Develop written information security program based on risk assessment
- Designate employee responsible for information security
- Implement access controls and authentication measures
- Encrypt nonpublic information on portable devices
- Conduct annual risk assessments
- Report cybersecurity events to the Director of Insurance within 72 hours
South Carolina State Government Accessibility
South Carolina's Division of Technology Operations (DTO) within the Department of Administration provides accessibility guidance for state government websites. State agencies must ensure digital accessibility under ADA Title II requirements.
Covered Entities
- South Carolina state government agencies
- State contractors and IT vendors
- University of South Carolina system
- Technical College System
- Local government entities
- Public school districts
Accessibility Standards
- WCAG 2.0 Level AA compliance recommended
- Section 508 alignment for federally-funded programs
- ADA Title II compliance for public services
- Alternative formats available upon request
- Accessibility testing encouraged for state websites
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Business Obligations
- Implement reasonable security measures
- Notify consumers of data breaches
- Notify credit bureaus for large breaches
- Comply with Insurance Data Security Act (if applicable)
- Properly dispose of personal information
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Key Agencies
- South Carolina Attorney General
- Division of Technology Operations (DTO)
- Department of Consumer Affairs
- Department of Insurance
- Human Affairs Commission
Consumer Rights
South Carolina consumers have the following rights under existing law:
- Breach Notification: Right to be notified of data breaches
- Security Freeze: Right to place a security freeze on credit reports
- Consumer Protection: Protection against unfair and deceptive practices
- FOIA: Access to government records under the Freedom of Information Act
Related Resources
- US Privacy Laws Overview
- State Privacy Law Comparison
- Business Privacy Obligations
- ADA Title II Requirements
- All State Laws
- Contact Us
Need Compliance Guidance?
While South Carolina lacks comprehensive privacy legislation, the Insurance Data Security Act imposes significant requirements on insurance industry participants. Contact our experts for guidance on data security and accessibility compliance.