South Carolina Privacy laws & HR compliance analysis

South Carolina Privacy: What you need to know

Constitution. South Carolina’s constitution includes an explicit right to be free of “unreasonable invasions of privacy” (S.C. Const. art. I, § 10).
Common law. 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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Social Security numbers (SSNs). Under South Carolina law, no person may:
• Publicly post or intentionally communicate or make available to the general public a consumer's SSN;
• Intentionally print or imbed a consumer's SSN on any card the consumer must use to access goods or services from the person;
• Require a consumer to transmit his or her SSN over the Internet, unless the connection is secure or the SSN is encrypted;
• Require a consumer to use his or her SSN to access an Internet website, unless a password or unique personal identification number or other authentication device is also needed to access the website;
• Print a consumer's SSN on materials that are mailed to the consumer, unless state or federal law requires the SSN to appear on the document to be mailed; or
• Sell, lease, loan, trade, rent, or in some way intentionally disclose a consumer's SSN to a third party without the written consent of the consumer, unless the third party requires the SSN for a legitimate business or government purpose, the third party is specifically permitted by law to access the SSN, or the disclosure is otherwise necessary for the person's performance of his or her duties under the law. Note that a legitimate business interest ...

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