H 5075

South Carolina General Assembly
126th Session, 2025-2026
Bill 5075
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Amended
March 31, 2026
H. 5075
Introduced by Reps. T. Moore, B. Newton,
Sanders, M. M. Smith, Montgomery, Bowers, Wickensimer, Guest and C. Mitchell
S. Printed 3/31/26--H.
Read the first time January 29, 2026
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY
ENACTING THE "PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER
2, TITLE 30, SO AS TO PROHIBIT PUBLIC BODIES FROM COLLECTING OR DISCLOSING
CERTAIN PERSONAL INFORMATION ABOUT DONORS, MEMBERS, AND SUPPORTERS OF NONPROFIT
ORGANIZATIONS, TO PROVIDE EXEMPTIONS, AND TO ESTABLISH PENALTIES FOR
VIOLATIONS.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Personal Privacy Protection Act."
SECTION
2.  Chapter 2, Title 30 of the S.C. Code is amended
by adding:
Article 9
Personal Privacy Protection Act
    Section
30-2-910.  The purpose of this article is to prohibit public bodies from
collecting, disclosing, or releasing personal information about members,
volunteers, and financial or nonfinancial donors to nonprofit organizations
except as required by law. This article provides penalties and civil remedies
for violations of these privacy protections.
    Section
30-2-920.  As used in this article:
    (1)
"Nonprofit organization" means an entity that is exempt from federal income tax
under Section 501(c) of the Internal Revenue Code, has submitted an application
to the Internal Revenue Service for recognition of an exemption under Section
501(c), or is a not-for-profit business entity recognized under state law.
    (2)
"Person" means an individual, a proprietorship, firm, partnership, joint
venture, joint stock company, syndicate, business trust, estate, company,
committee, association, corporation, club, labor organization, or any other
organization or group of persons acting in concert.
    (3)
"Personal information" means any list, record, register, registry, roll,
roster, or other compilation of data of any kind that directly or indirectly
identifies a person as a member, supporter, volunteer, or donor of financial or
nonfinancial support to any nonprofit organization.
    (4)
"Public body" means any state or local governmental unit and its employees,
however designated, including, but not limited to, this state; any department,
agency, office, commission, board, division, or other entity of this state; any
political subdivision of this state, including, but not limited to, a county,
municipality, school district, special purpose district, council of government,
joint agency, or any other local governmental unit, agency, authority, council,
board, or commission; or any state or local court, tribunal, or other judicial
or quasi-judicial body.
    Section
30-2-930.  (A) Notwithstanding any
other provision of law and subject to Section 30-2-940, a public body shall
not:
       (1)
require any person or nonprofit organization to provide the public body with
personal information or otherwise compel the release of personal information;
       (2)
release, publicize, or otherwise publicly disclose personal information in the
possession of the public body;
       (3)
request or require a current or prospective contractor or grantee with the
public body to provide a list of nonprofit organizations to which the
contractor or grantee has provided financial or nonfinancial support.
    (B)
Personal information is exempt from disclosure under the South Carolina Freedom
of Information Act.
    Section
30-2-940.  Nothing in this article precludes:
    (1)
any report or disclosure required by Sections 8-13-1300 through 8-13-1374 or
Section 2-17-35;
    (2)
any lawful warrant for personal information issued by a court of competent
jurisdiction;
    (3)
a lawful request for discovery of personal information in litigation when:
       (a)
the requestor demonstrates a compelling need for the personal information by
clear and convincing evidence; and
       (b)
the requestor obtains a protective order barring disclosure of personal
information to any person not named in the litigation;
    (4)
admission of personal information as relevant evidence before a court of
competent jurisdiction; however, no court shall publicly reveal personal
information absent a specific finding of good cause;
    (5)
a public body releasing personal information voluntarily released to the public
by the person or nonprofit organization to which the information relates;
    (6)
with respect to the lawful statutory authority of the Secretary of State:
       (a)
collection of information disclosing the identity of any director, officer,
registered agent, or incorporator of a nonprofit organization in any report or
disclosure required by statute to be filed with the Secretary of State;
       (b)
collection or disclosure of personal information voluntarily submitted to the
Secretary of State on a registration statement for a charitable organization
filed pursuant to Section 33-56-30, an annual financial report filed pursuant
to Section 33-56-60, or a raffle financial report filed pursuant to Section
33-57-150; however, the Secretary of State shall not request personal
information in such reports and information that directly identifies an
individual as a donor to a nonprofit organization on a filing voluntarily
submitted to the Secretary of State after the effective date of this section
shall not be disclosed;
       (c)
any lawful request for personal information issued during an investigation
pursuant to Sections 33-56-140 or 33-57-160; however, any personal information
collected shall otherwise be subject to Section 30-2-930(A)(2), unless
expressly required by law or court order to be publicly disclosed; or
       (d)
collection or disclosure of the identity of a person who has filed with the
Secretary of State as a commercial co-venturer as defined in Section
33-56-20(3);
    (7)
disclosure of personal information derived from a donation to a nonprofit
organization that is affiliated with a public body and required by statute, if
the person has not previously requested anonymity from the nonprofit
organization;
    (8)
anything in this article applying to a national securities association
registered pursuant to Section 15A of the Securities Exchange Act of 1934, as
amended, or regulations adopted thereunder, or information such association
provides to the South Carolina Attorney General pursuant to Sections 35-1-101
through 35-1-880 and rules promulgated thereunder.
    Section
30-2-950.  (A)  A person alleging a
violation of this article may bring a civil action for appropriate injunctive
relief, damages, or both. Damages awarded under this section may include one of
the following, as appropriate:
       (1)
A sum of money not less than two thousand-five hundred dollars to compensate
for injury or loss caused by each violation of this article.
       (2)
For an intentional violation of this article, a sum of money not to exceed
three times the sum described in item (1).
    (B)
A court, in rendering a judgment in an action brought under this article, may
award all or a portion of the costs of litigation, including reasonable
attorney fees and witness fees, to the complainant in the action if the court
determines that the award is appropriate.
    (C)
A person who knowingly violates this article is guilty of a misdemeanor
punishable by imprisonment for not more than ninety days, a fine of not more
than one thousand dollars, or both.
SECTION 3.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 4.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 31, 2026 at 06:48 PM