The South Carolina Department of Environmental Services (SCDES) establishes this policy on the collection and dissemination of personal information in accordance with Sections 30-2-10 through 30-2-50 of the South Carolina Code of Laws. The purpose of the policy is to ensure that the collection of personal information by the Department is limited to such personal information as is required and necessary to fulfill a legitimate public purpose, and to further ensure that the Department shall collect and disseminate personal information in compliance with the South Carolina Family Privacy Protection Act.
Definitions
Personal information - means information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports.
Legitimate public purpose - means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.
Commercial solicitation - means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
- offering membership in a credit union;
- notification of continuing education opportunities sponsored by not-for-profit professional associations;
- selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or
- contacting persons for political purposes using information on file with state or local voter registration offices.
'Medical information' - includes, but is not limited to, blood samples and test results obtained and kept by the Department of Environmental Services pursuant to Section 44-37-30.
Collection of Personal Information
The Department shall not collect personal information beyond that which is required and necessary to fulfill a legitimate public purpose of SCDES.
Limiting Release of Personal Information
The Department shall take reasonable measures to limit release of personal information. We have notified and instructed our staff of their responsibilities concerning the protection of personal information. However, the South Carolina Family Privacy Protection Act requires that parties be advised that any personal information collected by the Department may be subject to public scrutiny or release.
Use for Commercial Solicitation Prohibited
Section 30-2-50 of the South Carolina Family Privacy Protection Act prohibits persons or private entities from obtaining or using any personal information obtained from the Department for commercial solicitation. A person knowingly violating this prohibition is guilty of a misdemeanor offense and subject to the penalties specified in 30-2-50 (D). Any person or entity requesting or obtaining records pursuant to the South Carolina Family Privacy Protection Act shall be notified of this prohibition.
Party Responsible for Administration of the Policy
If you have any questions about this privacy policy, please contact:
Compliance Office
Compliance@des.sc.gov
SCDES
2600 Bull Street
Columbia, SC 29201