§ 30-2-710 — Option for judges to make personal contact information confidential; exceptions; procedures.

South Carolina § 30-2-710

• Jurisdiction: South Carolina
• Title 30: PUBLIC RECORDS
• Ch. 2: FAMILY AND PERSONAL IDENTIFYING INFORMATION PRIVACY PROTECTION

Text

Section effective January 1, 2026. (A) An eligible requesting party's personal contact information in a disclosed record shall be restricted on a publicly available internet website maintained by or operated on behalf of the state or local government agency if the judge: (1) notifies the individual state or local government agency of the judge's choice to restrict public access to personal contact information in disclosed records by submission of the designated form and any supplemental information requested by the state or local government agency; and (2) provides a notarized affidavit affirming the current or prior service as a judge. The affidavit must include the contact information for the court administration office affiliated with the court the judge serves or previously served. (B) A choice made under this article remains valid with the following exceptions: (1) the judge rescinds in writing the request to restrict public access to or posting online of personal contact information and provides notice to the state or local government agency; (2) the state or local government agencies disclose personal contact information related to violations of law or regulation, as permitted by law; (3) the judge requests release of the judge's personal contact information from a state or local government agency for a specific purpose and for a limited time; (4) the personal contact information is included in a collision report or uniform traffic ticket maintained and provided by the South Carolina Department of Motor Vehicles, as permitted by law; (5) the personal contact information is included on a business filing or Uniform Commercial Code filing recorded with the South Carolina Secretary of State; or (6) the eligible requesting party's request to restrict information does not apply to a subsequent home address of the eligible requesting party. The eligible requesting party is responsible for notifying, through the designated form, each state or local government agency of a subsequent home address, and any documents filed after the original request to restrict personal contact information including, but not limited to, changes to the mortgage on a property, or any change in personal contact information. (C) Personal contact information provided under the provisions of this article may be disclosed under subpoena, by order of the court, upon written consent of the eligible judge, or to another government agency. (D)(1) Personal contact information restricted from disclosed records under this section must remain within the official records held or maintained by a state or local government agency, but not be included within an index or displayed on an image of an official record on a publicly available internet website maintained or operated on behalf of a state or local government agency. (2) In the event that a home address or tax map number cannot be restricted from a disclosed record within an index or from being displayed on an image of the official record on a publicly available internet website maintained or operated on behalf of a state or local government agency, then the image of the official record shall not be displayed and the state or local government agency must restrict the home address or tax map number portion from the display within the index, regardless of the location of the index. (E) Any personal contact information, as defined under this article, must be restricted, if requested by an eligible requesting party, from any disclosed record, including the designated form used to notify the state or local government agency and supplemental information requested by the state or local government agency, 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 other public information otherwise allowed by law. (F) A state or local government agency that restricts or withholds information under this article shall provide to a requestor a description of the restricted or withheld information and a citation to this article. (G) Personal contact information restricted pursuant to this article may be disclosed to: (1) a title insurer or its affiliate; (2) a title insurance agent or agency; (3) the personal representative of a deceased eligible requesting party; (4) an attorney duly admitted to practice law in the State of South Carolina and in good standing with the South Carolina Bar or a person appointed in writing by said attorney to receive the restricted information on his behalf; or (5) a professional engineer or professional surveyor as defined under Section 40-22-20, or a person appointed in writing by said professional engineer or professional surveyor to receive the restricted information on his behalf. (H) The restricted status of a home address contained in the official records within a county of register of deeds is maintained only during the period when an eligible requesting party resides at the dwelling location. Upon the conveyance of real property that no longer constitutes an eligible requesting party's home address, the eligible requesting party must submit the designated form to release the restriction on personal contact information, including home address information, and a notarized affidavit affirming the designated form to the county register of deeds. (I) Nothing in this article shall be construed to limit access to otherwise protected information available by applicable law including, but not limited to, the Driver's Privacy Protection Act (18 U.S.C Section 2721, et seq.) and the Fair Credit Reporting Act (15 U.S.C. Section 1681, et seq.).

Legislative History

HISTORY: 2023 Act No. 56 (S.252), SECTION 3, eff July 1, 2025; 2025 Act No. 4 (S.126), SECTION 2, eff January 1, 2026. Editor's Note 2023 Act No. 56, SECTION 4, provides as follows: "SECTION 4. The South Carolina Court Administration shall create a form for judges to use to request a state or local government agency restrict public access or posting of personal contact information. The form must contain fields for the following information: legal name, date of birth, home address, driver's license number, personal email address, dates of service, status of service, and an exception section to notify a state or local government agency of rescission of the request to protect personal contact information and to permit disclosure of personal contact information for a specific purpose and for a limited time." 2024 Act No. 220 SECTION 1, provides as follows: "SECTION 1. The effective date of Act No. 56 of 2023, which enacted the 'Law Enforcement and Personal Privacy Protection Act' and the 'Judicial Privacy Protection Act', is delayed from July 1, 2024, until July 1, 2025." 2025 Act No. 4, SECTION 3, provides as follows: "SECTION 3. The effective date of Act 56 of 2023, which enacted the 'Law Enforcement Personal Privacy Protection Act' and the 'Judicial Personal Privacy Protection Act,' is delayed from July 1, 2025, until January 1, 2026." 2025 Act No. 4, SECTION 4, provides as follows: "SECTION 4. The Office of Court Administration and the South Carolina Criminal Justice Academy shall collaborate to create the designated form for law enforcement officers and for judges to use to request a state or local government agency restrict public access to personal contact information in disclosed records. The form shall include a disclaimer to inform the requesting party the request is specific to the state or local government agency and will not be provided to other entities or apply to changes in personal contact information. The form must contain fields for the following: "(1) the requesting party's personal information including, but not limited to, legal name, date of birth, home address, driver's license information, personal email address, and where applicable, tax map numbers; "(2) the dates of service and status of service; "(3) the location of personal contact information in disclosed records by instrument number, book and page number of the copy or image, docket number, file number, vehicle identification number or title number; and "(4) an exception section to notify a state or local government agency of rescission of the request to restrict personal contact information and to permit disclosure of personal contact information for a specific purpose and for a limited time. "A state or local government agency may provide a supplemental form for the purposes of identifying information needed by the state or local government agency to address the eligible requesting party's request." Effect of Amendment 2025 Act No. 4, SECTION 2, rewrote the section.