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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