South Carolina H 3401: Freedom of Employment Contract Act

Bill Text

2025-2026 Bill 3401 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3401

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 CHAPTER 
31 TO TITLE 37 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE THAT A GOVERNMENTAL 
ENTITY MAY NOT COMMUNICATE WITH A SOCIAL MEDIA PLATFORM IN CERTAIN INSTANCES, 
TO PROVIDE APPLICABILITY, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR CERTAIN 
CONSUMER RIGHTS, TO PROVIDE FOR THE EXERCISING OF CERTAIN RIGHTS, TO ESTABLISH 
AN APPEALS PROCESS, TO PROVIDE THAT CERTAIN CONTRACTS AND AGREEMENTS THAT WAIVE 
RIGHTS ARE VOID, TO PROVIDE THAT A CONTROLLER SHALL ESTABLISH METHODS TO SUBMIT 
REQUESTS, TO PROVIDE FOR DUTIES FOR CONTROLLERS, TO PROVIDE FOR A PRIVACY 
NOTICE, TO PROVIDE FOR DUTIES OF A PROCESSOR, TO PROVIDE FOR A DATA PROTECTION 
ASSESSMENT, TO PROVIDE FOR DUTIES OF A CONTROLLER IN POSSESSION OF DEIDENTIFIED 
DATA, TO PROVIDE THAT A CONTROLLER MAY NOT ENGAGE IN THE SALE OF CERTAIN 
PERSONAL DATA, TO PROVIDE FOR ACTIONS THAT ARE NOT RESTRICTED, TO PROVIDE FOR 
THIRD-PARTY DATA DISCLOSURE, TO PROVIDE THAT CERTAIN PERSONAL DATA MAY NOT BE 
PROCESSED, AND TO PROVIDE THAT A VIOLATION IS AN UNFAIR AND DECEPTIVE TRADE 
PRACTICE.

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

SECTION 1. Title 37 of the S.C. Code is amended by adding:

CHAPTER 31

Technology Transparency

 Section 
37-31-100. As used in this chapter:

 (1) 
"Affiliate" means a legal entity that controls, is controlled by, or is under 
common control with another legal entity or that shares common branding with 
another legal entity. For purposes of this item, the term "control" or 
"controlled" means any of the following:

 (a) 
the ownership of, or power to vote, more than fifty percent of the outstanding 
shares of any class of voting security of a company;

 (b) 
the control in any manner over the election of a majority of the directors or 
of individuals exercising similar functions; or

 (c) 
the power to exercise controlling influence over the management of a company.

 (2) 
"Aggregate consumer information" means information that relates to a group or 
category of consumers, from which the identity of an individual consumer has 
been removed and is not reasonably capable of being directly or indirectly 
associated or linked with any consumer, household, or device. The term does not 
include information about a group or category of consumers used to facilitate 
targeted advertising or the display of ads online. The term does not include 
personal information that has been deidentified.

 (3) 
"Authenticate" or "authenticated" means to verify or the state of having been 
verified, respectively, through reasonable means that the consumer who is 
entitled to exercise the consumer's rights pursuant to this chapter is the same 
consumer exercising those consumer rights with respect to the personal data at 
issue.

 (4) 
"Biometric data" means data generated by automatic measurements of an 
individual's biological characteristics. The term includes fingerprints, 
voiceprints, eye retinas or irises, or other unique biological patterns or 
characteristics used to identify a specific individual. The term does not 
include physical or digital photographs, video or audio recordings or data 
generated from video or audio recordings, or information collected, used, or 
stored for health care treatment, payment, or operations under the Health 
Insurance Portability and Accountability Act of 1996.

 (5) 
"Business associate" has the same meaning as in 45 C.F.R. Section 160.103 and 
the Health Insurance Portability and Accountability Act of 1996.

 (6) 
"Child" means an individual younger than eighteen years of age.

 (7) 
"Consent", when referring to a consumer, means a clear affirmative act 
signifying a consumer's freely given, specific, informed, and unambiguous 
agreement to process personal data relating to the consumer. The term includes 
a written statement, including a statement written by electronic means, or any 
other unambiguous affirmative act. The term does not include any of the 
following:

 (a) 
acceptance of general or broad terms of use or similar document that contains 
descriptions of personal data processing along with other, unrelated 
information;

 (b) 
hovering over, muting, pausing, or closing a given piece of content; or

 (c) 
agreement obtained through the use of dark patterns.

 (8) 
"Consumer" means an individual who is a resident of or is domiciled in this 
State acting only in an individual or household context. The term does not 
include an individual acting in a commercial or employment context.

 (9) 
"Controller" means:

 (a) 
a sole proprietorship, partnership, limited liability company, corporation, 
association, or legal entity