§ 30-4-50 — Certain matters declared public information; use of information for commercial solicitation prohibited.

South Carolina § 30-4-50

• Jurisdiction: South Carolina
• Title 30: PUBLIC RECORDS
• Ch. 4: FREEDOM OF INFORMATION ACT

Text

(A) Without limiting the meaning of other sections of this chapter, the following categories of information are specifically made public information subject to the restrictions and limitations of Sections 30-4-20, 30-4-40, and 30-4-70 of this chapter: (1) the names, sex, race, title, and dates of employment of all employees and officers of public bodies; (2) administrative staff manuals and instructions to staff that affect a member of the public; (3) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (4) those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the public body; (5) written planning policies and goals and final planning decisions; (6) information in or taken from any account, voucher, or contract dealing with the receipt or expenditure of public or other funds by public bodies; (7) the minutes of all proceedings of all public bodies and all votes at such proceedings, with the exception of all such minutes and votes taken at meetings closed to the public pursuant to Section 30-4-70; (8) reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where a report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the report; (9) notwithstanding any other provision of the law, data from a video or audio recording made by a law enforcement vehicle-mounted recording device or dashboard camera that involves an officer involved incident resulting in death, injury, property damage, or the use of deadly force. (a) A law enforcement or public safety agency may apply to the circuit court for an order to prevent the disclosure of the video or audio recording data. Notice of the request and of the hearing must be provided to the person seeking the record. A hearing must be requested within fifteen days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of the request for disclosure and the hearing shall be held in-camera. (b) The court may order the recording data not be disclosed upon a showing by clear and convincing evidence that the recording is exempt from disclosure as specified in Section 30-4-40(a)(3) and that the reason for the exemption outweighs the public interest in disclosure. A court may order the recording data be edited to redact specific portions of the data and then released, upon a showing by clear and convincing evidence that portions of the recording are not exempt from disclosure as specified in Section 30-4-40(a)(3). (c) A court order to withhold the release of recording data under this section must specify a definite time period for the withholding of the release of the recording data and must include the court's findings. (d) A copy of the order shall be made available to the person requesting the release of the recording data. (10) statistical and other empirical findings considered by the Legislative Audit Council in the development of an audit report. (B) No information contained in a police incident report or in an employee salary schedule revealed in response to a request pursuant to this chapter may be utilized for commercial solicitation. Also, the home addresses and home telephone numbers of employees and officers of public bodies revealed in response to a request pursuant to this chapter may not be utilized for commercial solicitation. However, this provision must not be interpreted to restrict access by the public and press to information contained in public records.

Legislative History

HISTORY: 1978 Act No. 593, SECTION 6; 1982 Act No. 370, SECTION 1; 1992 Act No. 269, SECTION 1; 1993 Act No. 44, SECTION 1; 1998 Act No. 423, SECTION 7; 2017 Act No. 67 (H.3352), SECTION 3, eff May 19, 2017. Effect of Amendment 2017 Act No. 67, SECTION 3, inserted (A)(9), providing for the inclusion of law enforcement vehicle-mounted videos and audio recordings of certain incidents involving law enforcement officers as a category of information made public, providing procedures through which enforcement may seek exemption of disclosure of the recordings, and providing requirements for related court orders, and redesignated (A)(9) as (A)(10).