2021-2022 Bill 3014: Subject not yet available - South ...



South Carolina General Assembly124th Session, 2021-2022H. 3014STATUS INFORMATIONGeneral BillSponsors: Reps. Rutherford, Robinson, Thigpen, Pope, Caskey and J.L.?JohnsonDocument Path: l:\council\bills\rt\17865cz21.docxIntroduced in the House on January 12, 2021Currently residing in the House Committee on Labor, Commerce and IndustrySummary: SC Cellular Data Privacy Protection ActHISTORY OF LEGISLATIVE ACTIONSDateBodyAction Description with journal page number12/9/2020HousePrefiled12/9/2020HouseReferred to Committee on Labor, Commerce and Industry1/12/2021HouseIntroduced and read first time (House Journalpage?37)1/12/2021HouseReferred to Committee on Labor, Commerce and Industry (House Journalpage?37)1/13/2021HouseMember(s) request name added as sponsor: Caskey1/14/2021HouseMember(s) request name added as sponsor: J.L.JohnsonView the latest legislative information at the websiteVERSIONS OF THIS BILL12/9/2020A BILLTO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 37 SO AS TO ENACT THE “SOUTH CAROLINA CELLULAR DATA PRIVACY PROTECTION ACT”; TO DEFINE RELEVANT TERMS, TO PROHIBIT A MOBILE TELECOMMUNICATIONS PROVIDER FROM SELLING A CUSTOMER’S PERSONAL DATA TO A THIRD PARTY, TO IMPOSE A PENALTY, AND TO AUTHORIZE THE ATTORNEY GENERAL TO INVESTIGATE AND ENFORCE ALLEGED VIOLATIONS OF THIS ACT. Be it enacted by the General Assembly of the State of South Carolina:SECTION1.Title 37 of the 1976 Code is amended by adding: “CHAPTER 31South Carolina Cellular Data Privacy Protection ActSection 373110.This chapter may be known and cited as the ‘South Carolina Cellular Data Privacy Protection Act’.Section 373120.As used in this chapter: (1)‘Cellular telecommunications provider’ means persons and corporations that provide the services for the transmission of voice, text, and data communications to the public for hire.(2)‘Data’ means personal information gathered from a person’s use of a cellular telephone including, but not limited to, location data and history, web browser history, incoming and outgoing text messages as defined in Section 372120, and application data. Section 373130.A cellular telecommunications provider may not sell a consumer’s data to a third party. Section 373140.(A)A person who is aggrieved by a violation of this chapter is entitled to initiate an action to enjoin the violation and to recover actual losses in addition to damages in the amount of five thousand dollars.(B)If the court finds a wilful violation, the court may, in its discretion, increase the amount of the award to an amount not exceeding twentyfive thousand dollars for each violation.(C)Notwithstanding another provision of law, in addition to any damages awarded, the person initiating the action for a violation of this chapter may be awarded reasonable attorney’s fees and court costs.(D)An action for damages, attorney’s fees, and costs brought pursuant to this section may be filed in an appropriate circuit court, municipal, or magistrates court so long as the amount claimed does not exceed the jurisdictional limits as applicable. An action brought pursuant to this section that includes a request for an injunction must be filed in an appropriate circuit court.Section 373150.(A)The Attorney General may investigate and enforce violations of this chapter. The Attorney General may bring an action to enjoin a violation of this chapter by a cellular telecommunications provider and recover damages for an aggrieved person in the amount of five thousand dollars for each violation. (B)If the court finds a wilful violation, the court, in its discretion, also may award a civil penalty of no more than twentyfive thousand dollars for each violation. (C)In an action brought pursuant to this section, the Attorney General may recover reasonable expenses incurred by the State or local governmental agency or department investigating and preparing the case, and attorney’s fees. Section 373160.Nothing in this chapter must be construed to limit any remedies, causes of action, or penalties available to a person or governmental agency under another federal or state law.”SECTION2.This act takes effect upon approval by the Governor.XX ................
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