The bill H. 4809 aims to regulate the use of digital forms of identification in South Carolina by establishing specific guidelines for both public and private entities. It introduces a new Article 29 to Title 1, Chapter 1 of the South Carolina Code, defining "digital form of identification" and stipulating that public entities cannot require individuals to obtain or maintain such identification. Additionally, it allows public entities to offer digital identification options while ensuring that individuals can opt for physical identification instead. The bill also emphasizes the protection of personal data, requiring consent for data collection and prohibiting the sale or transfer of personal data without consent. Individuals can bring legal action against public entities for violations, with potential damages of up to $150,000 per occurrence.

Furthermore, the bill adds Section 56-1-560 to Title 56, clarifying that individuals are not required to obtain a mobile driver's license and that such licenses cannot be linked to automated license plate readers without consent. It also introduces Section 39-1-100, which allows private entities to use digital forms of identification while imposing similar restrictions on data collection and consent as those applied to public entities. The bill ensures that individuals have the right to manage their personal data and can seek legal recourse if their rights are violated. Overall, H. 4809 seeks to enhance privacy protections and establish clear guidelines for the use of digital identification in South Carolina.

Statutes affected:
12/17/2025: 56-1-560, 39-1-100
Latest Version: 56-1-560, 39-1-100