SECTION 30-4-10. Short title.
This chapter shall be known and cited as the "Freedom of Information Act".
SECTION 30-4-15. Findings and purpose.
The General Assembly finds that it is vital in a democratic society that
public business be performed in an open and public manner so that citizens
shall be advised of the performance of public officials and of the decisions
that are reached in public activity and in the formulation of public policy.
Toward this end, provisions of this chapter must be construed so as to make
it possible for citizens, or their representatives, to learn and report
fully the activities of their public officials at a minimum cost or delay to
the persons seeking access to public documents or meetings.
SECTION 30-4-20. Definitions.
(a) "Public body" means any department of the State, a majority of directors
or their representatives of departments within the executive branch of state
government as outlined in Section 1-30-10, any state board, commission,
agency, and authority, any public or governmental body or political
subdivision of the State, including counties, municipalities, townships,
school districts, and special purpose districts, or any organization,
corporation, or agency supported in whole or in part by public funds or
expending public funds, including committees, subcommittees, advisory
committees, and the like of any such body by whatever name known, and
includes any quasi-governmental body of the State and its political
subdivisions, including, without limitation, bodies such as the South
Carolina Public Service Authority and the South Carolina State Ports
Authority. Committees of health care facilities, which are subject to this
chapter, for medical staff disciplinary proceedings, quality assurance, peer
review, including the medical staff credentialing process, specific medical
case review, and self-evaluation, are not public bodies for the purpose of
(b) "Person" includes any individual,
corporation, partnership, firm, organization or association.
(c) "Public record" includes all books, papers, maps, photographs, cards,
tapes, recordings, or other documentary materials regardless of physical
form or characteristics prepared, owned, used, in the possession of, or
retained by a public body. Records such as income tax returns, medical
records, hospital medical staff reports, scholastic records, adoption
records, records related to registration, and circulation of library
materials which contain names or other personally identifying details
regarding the users of public, private, school, college, technical college,
university, and state institutional libraries and library systems, supported
in whole or in part by public funds or expending public funds, or records
which reveal the identity of the library patron checking out or requesting
an item from the library or using other library services, except
nonidentifying administrative and statistical reports of registration and
circulation, and other records which by law are required to be closed to the
public are not considered to be made open to the public under the provisions
of this act; nothing herein authorizes or requires the disclosure of those
records where the public body, prior to January 20, 1987, by a favorable
vote of three-fourths of the membership, taken after receipt of a written
request, concluded that the public interest was best served by not
disclosing them. Nothing herein authorizes or requires the disclosure of
records of the Board of Financial Institutions pertaining to applications
and surveys for charters and branches of banks and savings and loan
associations or surveys and examinations of the institutions required to be
made by law. Information relating to security plans and devices proposed,
adopted, installed, or utilized by a public body, other than amounts
expended for adoption, implementation, or installation of these plans and
devices, is required to be closed to the public and is not considered to be
made open to the public under the provisions of this act.
(d) "Meeting" means the convening of a quorum of the constituent membership
of a public body, whether corporal or by means of electronic equipment, to
discuss or act upon a matter over which the public body has supervision,
control, jurisdiction or advisory power.
(e) "Quorum" unless otherwise defined by applicable law means a simple
majority of the constituent membership of a public body.
SECTION 30-4-30. Right to inspect or copy public records; fees;
notification as to public availability of records; presumption upon failure
to give notice; records to be available when requestor appears in person.
(a) Any person has a right to inspect or copy any public record of a public
body, except as otherwise provided by § 30-4-40, in accordance with
reasonable rules concerning time and place of access.
(b) The public body may establish and collect fees not to exceed the actual
cost of searching for or making copies of records. Fees charged by a public
body must be uniform for copies of the same record or document. However,
members of the General Assembly may receive copies of records or documents
at no charge from public bodies when their request relates to their
legislative duties. The records must be furnished at the lowest possible
cost to the person requesting the records. Records must be provided in a
form that is both convenient and practical for use by the person requesting
copies of the records concerned, if it is equally convenient for the public
body to provide the records in this form. Documents may be furnished when
appropriate without charge or at a reduced charge where the agency
determines that waiver or reduction of the fee is in the public interest
because furnishing the information can be considered as primarily benefiting
the general public. Fees may not be charged for examination and review to
determine if the documents are subject to disclosure. Nothing in this
chapter prevents the custodian of the public records from charging a
reasonable hourly rate for making records available to the public nor
requiring a reasonable deposit of these costs before searching for or making
copies of the records.
(c) Each public body, upon written request for records made under this
chapter, shall within fifteen days (excepting Saturdays, Sundays, and legal
public holidays) of the receipt of any such request notify the person making
such request of its determination and the reasons therefor. Such a
determination shall constitute the final opinion of the public body as to
the public availability of the requested public record and, if the request
is granted, the record must be furnished or made available for inspection or
copying. If written notification of the determination of the public body as
to the availability of the requested public record is neither mailed nor
personally delivered to the person requesting the document within the
fifteen days allowed herein, the request must be considered approved.
(d) The following records of a public body must be made available for public
inspection and copying during the hours of operations of the public body
without the requestor being required to make a written request to inspect or
copy the records when the requestor appears in person:
(1) minutes of the meetings of the public body for the preceding six months;
(2) all reports identified in Section 30-4-50(A)(8) for at least the
fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail, detention center, or
prison for the preceding three months.
SECTION 30-4-40. Matters exempt from disclosure.
(a) A public body may but is not required to exempt from disclosure the
(1) Trade secrets, which are defined as unpatented, secret, commercially
valuable plans, appliances, formulas, or processes, which are used for the
making, preparing, compounding, treating, or processing of articles or
materials which are trade commodities obtained from a person and which are
generally recognized as confidential and work products, in whole or in part
collected or produced for sale or resale, and paid subscriber information.
Trade secrets also include, for those public bodies who market services or
products in competition with others, feasibility, planning, and marketing
studies, marine terminal service and nontariff agreements, and evaluations
and other materials which contain references to potential customers,
competitive information, or evaluation.
(2) Information of a personal nature where the public disclosure thereof
would constitute unreasonable invasion of personal privacy. Information of a
personal nature shall include, but not be limited to, information as to
gross receipts contained in applications for business licenses and
information relating to public records which include the name, address, and
telephone number or other such information of an individual or individuals
who are handicapped or disabled when the information is requested for
person-to-person commercial solicitation of handicapped persons solely by
virtue of their handicap. This provision must not be interpreted to restrict
access by the public and press to information contained in public records.
(3) Records of law enforcement and public safety agencies not otherwise
available by state and federal law that were compiled in the process of
detecting and investigating crime if the disclosure of the information would
harm the agency by:
(A) disclosing identity of informants not otherwise known;
(B) the premature release of information to be used in a prospective law
(C) disclosing investigatory techniques not otherwise known outside the
(D) by endangering the life, health, or property of any person; or
(E) disclosing any contents of intercepted wire, oral, or electronic
communications not otherwise disclosed during a trial.
(4) Matters specifically exempted from disclosure by statute or law.
(5) Documents of and documents incidental to proposed contractual
arrangements and documents of and documents incidental to proposed sales or
purchases of property; however:
(a) these documents are not exempt from disclosure once a contract is
entered into or the property is sold or purchased except as otherwise
provided in this section;
(b) a contract for the sale or purchase of real estate shall remain exempt
from disclosure until the deed is executed, but this exemption applies only
to those contracts of sale or purchase where the execution of the deed
occurs within twelve months from the date of sale or purchase;
(c) confidential proprietary information provided to a public body for
economic development or contract negotiations purposes is not required to be
(6) All compensation paid by public bodies except as follows:
(A) For those persons receiving compensation of fifty thousand dollars or
more annually, for all part-time employees, for any other persons who are
paid honoraria or other compensation for special appearances, performances,
or the like, and for employees at the level of agency or department head,
the exact compensation of each person or employee;
(B) For classified and unclassified employees, including contract
instructional employees, not subject to item (A) above who receive
compensation between, but not including, thirty thousand dollars and fifty
thousand dollars annually, the compensation level within a range of four
thousand dollars, such ranges to commence at thirty thousand dollars and
increase in increments of four thousand dollars;
(C) For classified employees not subject to item (A) above who receive
compensation of thirty thousand dollars or less annually, the salary
schedule showing the compensation range for that classification including
longevity steps, where applicable;
(D) For unclassified employees, including contract instructional employees,
not subject to item (A) above who receive compensation of thirty thousand
dollars or less annually, the compensation level within a range of four
thousand dollars, such ranges to commence at two thousand dollars and
increase in increments of four thousand dollars.
(E) For purposes of this subsection (6), "agency head" or "department head"
means any person who has authority and responsibility for any department of
any institution, board, commission, council, division, bureau, center,
school, hospital, or other facility that is a unit of a public body.
(7) Correspondence or work products of legal counsel for a public body and
any other material that would violate attorney-client relationships.
(8) Memoranda, correspondence, and working papers in the possession of
individual members of the General Assembly or their immediate staffs;
however, nothing herein may be construed as limiting or restricting public
access to source documents or records, factual data or summaries of factual
data, papers, minutes, or reports otherwise considered to be public
information under the provisions of this chapter and not specifically
exempted by any other provisions of this chapter.
(9) Memoranda, correspondence, documents, and working papers relative to
efforts or activities of a public body and of a person or entity employed by
or authorized to act for or on behalf of a public body to attract business
or industry to invest within South Carolina; however, an incentive agreement
made with an industry or business: (1) requiring the expenditure of public
funds or the transfer of anything of value, (2) reducing the rate or
altering the method of taxation of the business or industry, or (3)
otherwise impacting the offeror fiscally, is not exempt from disclosure
(a) the offer to attract an industry or business to invest or locate in the
offeror's jurisdiction is accepted by the industry or business to whom the
offer was made; and
(b) the public announcement of the project or finalization of any incentive
agreement, whichever occurs later.
(10) Any standards used or to be used by the South Carolina Department of
Revenue for the selection of returns for examination, or data used or to be
used for determining such standards, if the commission determines that such
disclosure would seriously impair assessment, collection, or enforcement
under the tax laws of this State.
(11) Information relative to the identity of the maker of a gift to a public
body if the maker specifies that his making of the gift must be anonymous
and that his identity must not be revealed as a condition of making the
gift. For the purposes of this item, "gift to a public body" includes, but
is not limited to, gifts to any of the state-supported colleges or
universities and museums. With respect to the gifts, only information which
identifies the maker may be exempt from disclosure. If the maker of any gift
or any member of his immediate family has any business transaction with the
recipient of the gift within three years before or after the gift is made,
the identity of the maker is not exempt from disclosure.
(12) Records exempt pursuant to Section 9-16-80(B) and 9-16-320(D).
(13) All materials, regardless of form, gathered by a public body during a
search to fill an employment position, except that materials relating to not
fewer than the final three applicants under consideration for a position
must be made available for public inspection and copying. In addition to
making available for public inspection and copying the materials described
in this item, the public body must disclose, upon request, the number of
applicants considered for a position. For the purpose of this item
"materials relating to not fewer than the final three applicants" do not
include an applicant's income tax returns, medical records, social security
number, or information otherwise exempt from disclosure by this section.
(14)(A) Data, records, or information of a proprietary nature, produced or
collected by or for faculty or staff of state institutions of higher
education in the conduct of or as a result of study or research on
commercial, scientific, technical, or scholarly issues, whether sponsored by
the institution alone or in conjunction with a governmental body or private
concern, where the data, records, or information has not been publicly
released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by
or on behalf of faculty, staff, employees, or students of a state
institution of higher education or any public or private entity supporting
or participating in the activities of a state institution of higher
education in the conduct of or as a result of study or research on medical,
scientific, technical, scholarly, or artistic issues, whether sponsored by
the institution alone or in conjunction with a governmental body or private
entity until the information is published, patented, otherwise publicly
disseminated, or released to an agency whereupon the request must be made to
the agency. This item applies to, but is not limited to, information
provided by participants in research, research notes and data, discoveries,
research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial
or administrative records.
(15) The identity, or information tending to reveal the identity, of any
individual who in good faith makes a complaint or otherwise discloses
information, which alleges a violation or potential violation of law or
regulation, to a state regulatory agency.
(16) Records exempt pursuant to Sections 59-153-80(B) and 59-153-320(D).
(17) Structural bridge plans or designs unless: (a) the release is necessary
for procurement purposes; or (b) the plans or designs are the subject of a
negligence action, an action set forth in Section 15-3-530, or an action
brought pursuant to Chapter 78 of Title 15, and the request is made pursuant
to a judicial order.
(18) Photographs, videos, and other visual images, and audio recordings of
and related to the performance of an autopsy, except that the photographs,
videos, images, or recordings may be viewed and used by the persons
identified in Section 17-5-535 for the purposes contemplated or provided for
in that section.
(19) Private investment and other proprietary financial data provided to the
Venture Capital Authority by a designated investor group or an investor as
those terms are defined by Section 11-45-30.
(b) If any public record contains material which is not exempt under
subsection (a) of this section, the public body shall separate the exempt
and nonexempt material and make the nonexempt material available in
accordance with the requirements of this chapter.
(c) Information identified in accordance with the provisions of Section
30-4-45 is exempt from disclosure except as provided therein and pursuant to
regulations promulgated in accordance with this chapter. Sections 30-4-30,
30-4-50, and 30-4-100 notwithstanding, no custodian of information subject
to the provisions of Section 30-4-45 shall release the information except as
provided therein and pursuant to regulations promulgated in accordance with
SECTION 30-4-45. Information concerning safeguards and off-site
consequence analyses; regulation of access; vulnerable zone defined.
(A) The director of each agency that is the custodian of information subject
to the provisions of 42 U.S.C. 7412(r)(7)(H), 40 CFR 1400 "Distribution of
Off-site Consequence Analysis Information", or 10 CFR 73.21 "Requirements
for the protection of safeguards information", must establish procedures to
ensure that the information is released only in accordance with the
applicable federal provisions.
(B) The director of each agency that is the custodian of information, the
unrestricted release of which could increase the risk of acts of terrorism,
may identify the information or compilations of information by notifying the
Attorney General in writing, and shall promulgate regulations in accordance
with the Administrative Procedures Act, Sections 1-23-110 through
1-23-120(a) and Section 1-23-130, to regulate access to the information in
accordance with the provisions of this section.
(C) Regulations to govern access to information subject to subsections (A)
and (B) must at a minimum provide for:
(1) disclosure of information to state, federal, and local authorities as
required to carry out governmental functions; and
(2) disclosure of information to persons who live or work within a
For purposes of this section, "vulnerable zone" is defined as a circle, the
center of which is within the boundaries of a facility possessing hazardous,
toxic, flammable, radioactive, or infectious materials subject to this
section, and the radius of which is that distance a hazardous, toxic,
flammable, radioactive, or infectious cloud, overpressure, radiation, or
radiant heat would travel before dissipating to the point it no longer
threatens serious short-term harm to people or the environment.
Disclosure of information pursuant to this subsection must be by means that
will prevent its removal or mechanical reproduction. Disclosure of
information pursuant to this subsection must be made only after the
custodian has ascertained the person's identity by viewing photo
identification issued by a federal, state, or local government agency to the
person and after the person has signed a register kept for the purpose.
SECTION 30-4-50. Certain matters declared public information; use
of information for commercial solicitation prohibited.
(a) Without limiting the meaning of other sections of this chapter, the
following categories of information are specifically made public information
subject to the restrictions and limitations of Sections 30-4-20, 30-4-40,
and 30-4-70 of this chapter:
(1) the names, sex, race, title, and dates of employment of all employees
and officers of public bodies;
(2) administrative staff manuals and instructions to staff that affect a
member of the public;
(3) final opinions, including concurring and dissenting opinions, as well as
orders, made in the adjudication of cases;
(4) those statements of policy and interpretations of policy, statute, and
the Constitution which have been adopted by the public body;
(5) written planning policies and goals and final planning decisions;
(6) information in or taken from any account, voucher, or contract dealing
with the receipt or expenditure of public or other funds by public bodies;
(7) the minutes of all proceedings of all public bodies and all votes at
such proceedings, with the exception of all such minutes and votes taken at
meetings closed to the public pursuant to Section 30-4-70;
(8) reports which disclose the nature, substance, and location of any crime
or alleged crime reported as having been committed. Where a report contains
information exempt as otherwise provided by law, the law enforcement agency
may delete that information from the report.
(9) statistical and other empirical findings considered by the Legislative
Audit Council in the development of an audit report.
(b) No information contained in a police incident report or in an employee
salary schedule revealed in response to a request pursuant to this chapter
may be utilized for commercial solicitation. Also, the home addresses and
home telephone numbers of employees and officers of public bodies revealed
in response to a request pursuant to this chapter may not be utilized for
commercial solicitation. However, this provision must not be interpreted to
restrict access by the public and press to information contained in public
SECTION 30-4-55. Disclosure of fiscal impact on public bodies
offering economic incentives to business; cost-benefit analysis required.
A public body as defined by Section 30-4-20(a), or a person or entity
employed by or authorized to act for or on behalf of a public body, that
undertakes to attract business or industry to invest or locate in South
Carolina by offering incentives that require the expenditure of public funds
or the transfer of anything of value or that reduce the rate or alter the
method of taxation of the business or industry or that otherwise impact the
offeror fiscally, must disclose, upon request, the fiscal impact of the
offer on the public body and a governmental entity affected by the offer
(a) the offered incentive or expenditure is accepted, and
(b) the project has been publicly announced or any incentive agreement has
been finalized, whichever occurs later.
The fiscal impact disclosure must include a cost-benefit analysis that
compares the anticipated public cost of the commitments with the anticipated
public benefits. Notwithstanding the requirements of this section,
information that is otherwise exempt from disclosure under Section
30-4-40(a)(1), (a)(5)(c), and (a)(9) remains exempt from disclosure.
SECTION 30-4-60. Meetings of public bodies shall be open.
Every meeting of all public bodies shall be open to the public unless closed
pursuant to § 30-4-70 of this chapter.
SECTION 30-4-65. Cabinet meetings subject to chapter provisions;
(A) The Governor's cabinet meetings are subject to the provisions of this
chapter only when the Governor's cabinet is convened to discuss or act upon
a matter over which the Governor has granted to the cabinet, by executive
order, supervision, control, jurisdiction, or advisory power.
(B) For purposes of this chapter, "cabinet" means the directors of the
departments of the executive branch of state government appointed by the
Governor pursuant to the provisions of Section 1-30-10(B)(1)(i) when they
meet as a group and a quorum is present.
SECTION 30-4-70. Meetings which may be closed; procedure;
circumvention of chapter; disruption of meeting; executive sessions of
(a) A public body may hold a meeting closed to the public for one or more of
the following reasons:
(1) Discussion of employment, appointment, compensation, promotion,
demotion, discipline, or release of an employee, a student, or a person
regulated by a public body or the appointment of a person to a public body;
however, if an adversary hearing involving the employee or client is held,
the employee or client has the right to demand that the hearing be conducted
publicly. Nothing contained in this item shall prevent the public body, in
its discretion, from deleting the names of the other employees or clients
whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements
and proposed sale or purchase of property, the receipt of legal advice where
the legal advice relates to a pending, threatened, or potential claim or
other matters covered by the attorney-client privilege, settlement of legal
claims, or the position of the public agency in other adversary situations
involving the assertion against the agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or
the provision of services encouraging location or expansion of industries or
other businesses in the area served by the public body.
(6) The Retirement System Investment Commission, if the meeting is in
executive session specifically pursuant to Section 9-16-80(A) or
(b) Before going into executive session the public agency shall vote in
public on the question and when the vote is favorable, the presiding officer
shall announce the specific purpose of the executive session. As used in
this subsection, "specific purpose" means a description of the matter to be
discussed as identified in items (1) through (5) of subsection (a) of this
section. However, when the executive session is held pursuant to Sections
30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity
being discussed is not required to be disclosed to satisfy the requirement
that the specific purpose of the executive session be stated. No action may
be taken in executive session except to (a) adjourn or (b) return to public
session. The members of a public body may not commit the public body to a
course of action by a polling of members in executive session.
(c) No chance meeting, social meeting, or electronic communication may be
used in circumvention of the spirit of requirements of this chapter to act
upon a matter over which the public body has supervision, control,
jurisdiction, or advisory power.
(d) This chapter does not prohibit the removal of any person who wilfully
disrupts a meeting to the extent that orderly conduct of the meeting is
(e) Sessions of the General Assembly may enter into executive sessions
authorized by the Constitution of this State and rules adopted pursuant
(f) The Board of Trustees of the respective institution of higher learning,
while meeting as the trustee of its endowment funds, if the meeting is in
executive session specifically pursuant to Sections 59-153-80(A) or
SECTION 30-4-80. Notice of meetings of public bodies.
(a) All public bodies, except as provided in subsections
(b) and (c) of this section, must give written public notice of their
regular meetings at the beginning of each calendar year. The notice must
include the dates, times, and places of such meetings. An agenda for
regularly scheduled or special meetings must be posted on a bulletin board
in a publicly accessible place at the office or meeting place of the public
body and on a public website maintained by the body, if any, at least
twenty-four hours prior to such meetings. All public bodies must post on
such bulletin board or website, if any, public notice for any called,
special, or rescheduled meetings. Such notice must include the agenda, date,
time, and place of the meeting, and must be posted as early as is
practicable but not later than twenty-four hours before the meeting. This
requirement does not apply to emergency meetings of public bodies. Once an
agenda for a regular, called, special, or rescheduled meeting is posted
pursuant to this subsection, no items may be added to the agenda without an
additional twenty-four hours notice to the public, which must be made in the
same manner as the original posting. After the meeting begins, an item upon
which action can be taken only may be added to the agenda by a two-thirds
vote of the members present and voting; however, if the item is one upon
which final action can be taken at the meeting or if the item is one in
which there has not been and will not be an opportunity for public comment
with prior public notice given in accordance with this section, it only may
be added to the agenda by a two-thirds vote of the members present and
voting and upon a finding by the body that an emergency or an exigent
circumstance exists if the item is not added to the agenda. Nothing herein
relieves a public body of any notice requirement with regard to any
statutorily required public hearing.
(b) Legislative committees must post their meeting times
during weeks of the regular session of the General Assembly and must comply
with the provisions for notice of special meetings during those weeks when
the General Assembly is not in session. Subcommittees of standing
legislative committees must give notice during weeks of the legislative
session only if it is practicable to do so.
(c) Subcommittees, other than legislative subcommittees,
of committees required to give notice under subsection (a), must make
reasonable and timely efforts to give notice of their meetings.
(d) Written public notice must include but need not be
limited to posting a copy of the notice at the principal office of the
public body holding the meeting or, if no such office exists, at the
building in which the meeting is to be held.
(e) All public bodies shall notify persons or organizations, local news
media, or such other news media as may request notification of the times,
dates, places, and agenda of all public meetings, whether scheduled,
rescheduled, or called, and the efforts made to comply with this requirement
must be noted in the minutes of the meetings
SECTION 30-4-90. Minutes of meetings of public bodies.
(a) All public bodies shall keep written minutes of all of their public
meetings. Such minutes shall include but need not be limited to:
(1) The date, time and place of the meeting.
(2) The members of the public body recorded as either present or absent.
(3) The substance of all matters proposed, discussed or decided and, at the
request of any member, a record, by an individual member, of any votes
(4) Any other information that any member of the public body requests be
included or reflected in the minutes.
(b) The minutes shall be public records and shall be available within a
reasonable time after the meeting except where such disclosures would be
inconsistent with § 30-4-70 of this chapter.
(c) All or any part of a meeting of a public body may be recorded by any
person in attendance by means of a tape recorder or any other means of sonic
or video reproduction, except when a meeting is closed pursuant to Section
30-4-70 of this chapter, provided that in so recording there is no active
interference with the conduct of the meeting. Provided, further, that the
public body is not required to furnish recording facilities or equipment.
SECTION 30-4-100. Injunctive relief; costs and attorney's fees.
(a) Any citizen of the State may apply to the circuit court for either or
both a declaratory judgment and injunctive relief to enforce the provisions
of this chapter in appropriate cases as long as such application is made no
later than one year following the date on which the alleged violation occurs
or one year after a public vote in public session, whichever comes later.
The court may order equitable relief as it considers appropriate, and a
violation of this chapter must be considered to be an irreparable injury for
which no adequate remedy at law exists.
(b) If a person or entity seeking such relief prevails, he or it may be
awarded reasonable attorney fees and other costs of litigation. If such
person or entity prevails in part, the court may in its discretion award him
or it reasonable attorney fees or an appropriate portion thereof.
SECTION 30-4-110. Penalties.
Any person or group of persons who willfully violates the provisions of this
chapter shall be deemed guilty of a misdemeanor and upon conviction shall be
fined not more than one hundred dollars or imprisoned for not more than
thirty days for the first offense, shall be fined not more than two hundred
dollars or imprisoned for not more than sixty days for the second offense
and shall be fined three hundred dollars or imprisoned for not more than
ninety days for the third or subsequent offense.
SECTION 30-4-160. Sale of Social Security number or driver's
license photograph or signature.
(A) This chapter does not allow the Department of Motor Vehicles to sell,
provide, or otherwise furnish to a private party Social Security numbers in
its records, copies of photographs, or signatures, whether digitized or not,
taken for the purpose of a driver's license or personal identification card.
(B) Photographs, signatures, and digitized images from a driver's license or
personal identification card are not public records.
SECTION 30-4-165. Privacy of driver's license information.
(A) The Department of Motor Vehicles may not sell, provide, or furnish to a
private party a person's height, weight, race, social security number,
photograph, or signature in any form that has been compiled for the purpose
of issuing the person a driver's license or special identification card. The
department shall not release to a private party any part of the record of a
person under fifteen years of age who has applied for or has been issued a
special identification card.
(B) A person's height, weight, race, photograph, signature, and digitized
image contained in his driver's license or special identification card
record are not public records.
(C) Notwithstanding another provision of law, a private person or private
entity shall not use an electronically-stored version of a person's
photograph, social security number, height, weight, race, or signature for
any purpose, when the electronically-stored information was obtained from a
driver's license record.