The Letter About Your Information
S.C. Code 39-1-90 — notice of a data breach without unreasonable delay, and a fine of a thousand dollars a resident for a wilful failure
A business that owns or licenses data with South Carolina residents' personal identifying information discloses a breach to each resident whose unencrypted information was, or is reasonably believed to have been, taken by an unauthorized person, when illegal use has happened or is reasonably likely or there is a material risk of harm.
Without unreasonable delay. The notice goes out in the most expedient time possible and without unreasonable delay, though it may wait while police say it would impede a criminal investigation. It may come in writing, electronically, or by telephone.
A business notifying more than one thousand people at once also tells the Department of Consumer Affairs and the nationwide consumer reporting agencies.
Suing over it. A resident injured by a violation may sue for damages for a wilful and knowing one, or for actual damages for a negligent one, seek an injunction, and recover attorney's fees and costs if successful. A knowing and wilful violation also carries an administrative fine of $1,000 for each resident whose information was exposed.
Banks and financial institutions that follow the federal rules are covered by those instead. A particular breach is a question for the Department of Consumer Affairs or a licensed South Carolina attorney.
Sources for this section (1)
- S.C. Code 39-1-90 — Business data, breach of security; notifications, penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.