A bill

TO AMEND CHAPTER 2, TITLE 30 OF THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE LAW ENFORCEMENT PERSONAL INFORMATION PRIVACY PROTECTION ACT, BY ADDING ARTICLE 5 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY FORMALLY REQUEST THAT HIS PERSONAL IDENTIFYING INFORMATION HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENTAL AGENCY BE HELD CONFIDENTIAL AFTER WHICH THE INFORMATION MUST NOT BE DISCLOSED EXCEPT TO ANOTHER GOVERNMENTAL AGENCY, UNDER SUBPOENA, BY ORDER OF THE COURT, OR UPON WRITTEN CONSENT OF THE OFFICER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 2, Title 30 of the S.C. Code is amended by adding:

Article 5

Law Enforcement Personal Privacy Protection Act

Section 30‑2‑500. For the purposes of this article:

(1) “personal identifying information” means the home address, telephone number, or date of birth of the eligible requesting party;

(2) “eligible requesting party” means an active law enforcement officer who has filed a formal request under the provision of this article; and

(3) “law enforcement officer” means an active federal, state, or local certified law enforcement officer or corrections officer.

Section 30‑2‑510. (A) Information that relates to the personal identifying information of an eligible requesting party, or that reveals whether the individual has family members, and is held or maintained by a state or local governmental agency is confidential and must not be disclosed to the public by the governmental agency if the officer:

(1) chooses to restrict public access to his personal identifying information;

(2) notifies the governmental agency of the officer’s choice on a form provided by the agency; and

(3) provides a sworn statement of eligible status and evidence of the officer’s current eligible employment to include contact information for his employer.

(B) A choice made under this article remains valid until rescinded in writing by the individual or the individual ceases employment as a law enforcement officer.

(C) Information protected under the provisions of this article may be disclosed to another governmental agency, under subpoena, by order of the court, or upon written consent of the eligible law enforcement officer.

(D) Any personal identifying information as defined under this article must be redacted from any public document otherwise eligible to be released under any other provision of law. The provisions of this article must not be construed to prevent the disclosure of any other otherwise public information allowed by law.

(E) A governmental agency that redacts or withholds information under this article shall provide to the requestor a description of the redacted or withheld information and a citation to this Act.

(F) Nothing in this article shall be construed to limit access to otherwise protected information in public records for bona fide business purposes including property title searches or insurance verification.

SECTION 2. This act takes effect upon approval by the Governor.

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