South Carolina Privacy laws & HR compliance analysis

South Carolina Privacy: What you need to know

South Carolina’s constitution includes an explicit right to be free of “unreasonable invasions of privacy.” Also, South Carolina recognizes three of the four common law invasion of privacy claims:
• Wrongful appropriation of one's personality;
• Wrongful publicizing of private affairs; and
• Wrongful intrusion into private affairs (Gignilliat v. Gignilliat, Savitz & Bettis, LLP, 684 S.E.2d 756 (S.C. 2009)).
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Eavesdropping, peeping, and voyeurism. It is unlawful for a person to be an eavesdropper or a peeping tom, or to go upon the premises of another for the purpose of becoming an eavesdropper or peeping tom. A "peeping tom" is a person who peeps through windows, doors, or other similar places, or engages in similar conduct, to spy on or invade the privacy of others. The term also includes any person who uses video or audio equipment for these purposes. A person commits voyeurism if, for the purpose of arousing or gratifying sexual desire, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy (SC Code Sec. 16-17-470).
Wiretapping. Unless otherwise authorized by law, it is a felony for a person to:
• Intentionally use, attempt to use, or procure another person to use any electronic, mechanical, or other device or service that causes the telephone network to display a telephone number on the phone call recipient's caller identification display that is not the number of the originating device (this does not apply to law enforcement use, a person or entity ...

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