The proposed bill, H. 3401, seeks to enhance technology transparency and consumer privacy in South Carolina by introducing Chapter 31 to Title 37 of the South Carolina Code of Laws. It establishes definitions for personal data, consumer rights, and the responsibilities of entities that handle such data, specifically "controllers" and "processors." The bill prohibits governmental entities from requesting the removal of content or accounts from social media platforms, except in specific situations like routine account management or criminal investigations. It also voids certain contracts that waive consumer rights and establishes an appeals process for consumers regarding their data.
Additionally, the bill mandates that controllers implement methods for consumers to submit requests about their personal data and provide clear privacy notices detailing the categories of data processed and consumer rights. It restricts the sale of personal data and classifies violations as unfair and deceptive trade practices. The legislation outlines the responsibilities of the Office of the Attorney General in enforcing these provisions, including the adoption of rules for authenticated consumer requests and collaboration with other enforcement authorities. Importantly, it clarifies that non-compliance with this chapter does not create liability for unrelated claims and that any entity defined as a "controller" is subject to South Carolina's jurisdiction. The act will take effect upon the Governor's approval.