The "South Carolina Community Data Protection and Responsible Surveillance Act" aims to regulate the use of surveillance systems by state and local law enforcement agencies, particularly concerning the storage and management of vehicle surveillance data. The bill prohibits any law enforcement agency from using or contracting for surveillance systems that store data on third-party servers, mandating that all surveillance data must be stored on secured servers owned and operated by South Carolina governmental entities. Additionally, the use of artificial intelligence or automated systems to track vehicles based on characteristics other than license plates is strictly prohibited. Surveillance data retention is limited to a maximum of twenty-one days, with automatic deletion required unless tied to an active criminal investigation supported by a valid court order.
The bill also establishes strict guidelines for accessing surveillance data, requiring law enforcement to obtain a search warrant supported by probable cause, with exceptions only in imminent threat situations. It mandates that all access to surveillance data be logged and subject to independent audits to ensure compliance with the law. Furthermore, law enforcement agencies are required to publish annual transparency reports detailing their use of surveillance data. Violations of the act can result in administrative penalties, civil liability, and criminal charges, ensuring accountability and protecting the privacy rights of South Carolina residents.