South Carolina H 3732: Employee privacy rights

Bill Text

2025-2026 Bill 3732 Text of Previous Version (Jan. 15, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3732

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
41-1-140 SO AS TO PROVIDE EMPLOYEES HAVE THE RIGHT TO THE DISCLOSURE, DELETION, 
CORRECTION, OR PERSONAL INFORMATION COLLECTED BY AN EMPLOYER, TO PROVIDE RELATED 
RESPONSIBILITIES OF EMPLOYERS, TO PROVIDE EMPLOYERS MAY NOT SELL, SHARE, OR 
DISCLOSE PERSONAL INFORMATION OF AN EMPLOYEE, AND TO PROVIDE EMPLOYEES WITH A 
CAUSE OF ACTION AND EQUITABLE REMEDIES FOR VIOLATIONS.

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

SECTION 1. Chapter 1, Title 41 of the S.C. Code is amended by 
adding:

 Section 
41-1-140. (A) An employee has the 
right to request that his employer disclose to that employee the categories of 
personal information that the employer has collected about the employee. Upon 
receipt of a verifiable request from an employee for disclosure of this information, 
the employer shall make the disclosure to the employee within ten business days 
after receipt of the verifiable request.

 (B) An employee has 
the right to request that his employer delete any personal information about 
the employee that the employer has collected. Upon receipt of a verifiable 
request from an employee for the deletion of this information, the employer 
shall delete the information and inform the employee of the deletion within ten 
business days after receipt of the verifiable request.

 (C) An 
employee has the right to request that his employer correct inaccurate personal 
information about the employee that is maintained by the employer. Upon receipt 
of a verifiable request from an employee for the correction of this 
information, the employer shall make the correction and inform the employee 
that the correction was made within ten business days after receipt of the 
verifiable request, and shall provide a copy of the corrected information to 
the employee to demonstrate its compliance.

 (D) An 
employer may not sell, share, or disclose the personal information of an 
employee. If an employee has opted to allow his employer to sell, share, or 
disclose his personal information, the employee may subsequently limit or 
opt-out of the future sale, sharing, or disclosing of his personal information 
by the employer. An employer that receives such notice from an employee either 
shall limit the sale, sharing, or disclosing of the information or is 
prohibited from selling, sharing, or disclosing the information in the future 
as provided in the request.

 (E) An 
employer shall provide each employee with written notice of his rights under 
this section and shall conspicuously post this information on its premises in a 
sufficient number of places to be available for inspection by its workers. The 
format of these notices and recommendations for their placement must be 
provided by the Department of Labor, Licensing and Regulation.

 (F) An 
employee has a cause of action against an employer who violates a provision of 
this section. A cause of action arising pursuant to this section is equitable 
in nature and must be brought within one year after the employee becomes aware 
of the violation. The court shall award reasonable attorney's fees and legal 
expenses to an employee who prevails in a claim brought pursuant to this 
subsection.

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

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This web page was last updated on January 15, 2025 at 03:14 PM