The proposed bill, H. 3401, aims to enhance technology transparency and consumer rights regarding personal data in South Carolina by adding Chapter 31 to Title 37 of the South Carolina Code of Laws. It establishes definitions for key terms related to data processing and prohibits governmental entities from requesting the removal of content from social media platforms, except under specific circumstances. The bill outlines consumer rights, including access to and control over personal data, and declares contracts that waive these rights as void. It also imposes responsibilities on data controllers and processors, requiring them to provide privacy notices, conduct data protection assessments, and implement reasonable data security practices.
Additionally, the bill sets forth regulations for the processing and sale of personal data, detailing consumer rights to access, correct, delete, and opt out of certain data processing activities. It exempts various entities from its provisions and emphasizes the need for consumer consent when processing sensitive data. The Attorney General is granted enforcement authority, including the ability to issue guidance and collaborate with other enforcement authorities. The bill clarifies that non-compliance with its provisions does not create liability for unrelated claims and does not establish a private cause of action. Overall, H. 3401 seeks to improve consumer protection and accountability in the handling of personal data while allowing for necessary business operations.