South Carolina

This appendix contains selected state laws that seem to be applicable to the area of privacy of student records and general data transmission security. The lists are provided for the reader to use as a starting place for research. The lists for each state are not exhaustive, and we do not guarantee that the statutes are current. However, they do give readers an idea of the kinds of statutes that states may have on their books.

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SOUTH CAROLINA

General State Laws, Regulations and Policies: URL, citation and summary

http://www.lpitr.state.sc.us/code/t20c007.htm

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S.C. Code Ann. § 20-7-1780 (Code of Laws of South Carolina Annotated)

Adoption Records; confidential.

Summary: See (B) & (C) regarding the confidentiality of adoption records.

http://www.lpitr.state.sc.us/code/t20c007.htm

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S.C. Code Ann. § 20-7-2280 (Code of Laws of South Carolina Annotated)

Information about children; confidential.

Summary: See all of statute which states that no one employed by the state's Department of Social Services or a child welfare agency can disclose information regarding the children and families who receive social services.

http://www.lpitr.state.sc.us/code/t30c004.htm

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S.C. Code Ann. § 30-4-40 (Code of Laws of South Carolina Annotated)

Information about handicapped children; confidential.

Summary: See (a)(2) which states that information regarding handicapped or disabled persons cannot be released for commercial solicitation.

http://www.lpitr.state.sc.us/code/t44c029.htm

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S.C. Code Ann. § 44-29-135 (Code of Laws of South Carolina Annotated)

Confidentiality; sexually transmitted disease records.

Summary: See first paragraph which states that records held by the Department of Health and Environmental Control and its agents regarding a "known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section." See (e) regarding minors with HIV attending public schools and notification of the superintendent of the school district and a "nurse or other health professional assigned to the school the minor attends."

http://www.lpitr.state.sc.us/code/t60c004.htm

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S.C. Code Ann. § 60-4-10 (Code of Laws of South Carolina Annotated)

Records identifying library patrons; confidential.

Summary: See all of statute which stipulates the confidentiality of library patrons.

Education State Laws, Regulations, and Policies: URL, citation and summary

http://www.lpitr.state.sc.us/code/t59c006.htm

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S.C. Code Ann. § 59-6-110 (Code of Laws of South Carolina Annotated)

Student Records; confidential.

Summary: See last paragraph which states that the staff members in the Education Improvement Program, Accountability Division, must be subject to the statutory provisions regarding the confidentiality of student records.

http://www.lpitr.state.sc.us/code/t59c030.htm

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S.C. Code Ann. § 59-30-15 (Code of Laws of South Carolina Annotated)

Student Records; students with learning disabilities.

Summary: See (C)(3) regarding examination scores being part of a student's permanent record when the student has learning disabilities. Also discusses when to expunge the information from the student's record.