May 2001

S.B. 620 - 2000 - South Carolina

A JOINT RESOLUTION TO PROVIDE THAT THE     DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL,     PROVIDE, FURNISH, OR RELEASE TO A PRIVATE PARTY    CERTAIN INFORMATION IT COMPILES FOR THE     PURPOSE OF ISSUING TO A PERSON A DRIVER’S LICENSE OR A SPECIAL IDENTIFICATION CARD, TO PROVIDE    THAT CERTAIN INFORMATION CONTAINED IN A    PERSON’S DRIVER’S LICENSE OR SPECIAL    IDENTIFICATION CARD RECORD IS NOT A PUBLIC     RECORD, AND TO PROVIDE THAT A PRIVATE PERSON OR  A PRIVATE ENTITY SHALL NOT USE CERTAIN    ELECTRONICALLY STORED INFORMATION OBTAINED   FROM A DRIVER’S LICENSE RECORD.

Whereas, an individual’s social security number, digitized photograph, and/or digitized signature, used by third parties, without the consent of the individual concerned, can subject an individual to an unreasonable invasion of privacy, fraud, and misappropriation of identity; and Whereas, federal law does not permit businesses to force customers to provide social security numbers; and Whereas, the public reasonably expects that state agencies entrusted with this information take every precaution to maintain the privacy of this information. Now, therefore, Be it enacted by the General Assembly of the State of South Carolina: Driver’s license and special identification card records

SECTION 1. (A) The Department of Public Safety 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. Time effective

 SECTION 2. This joint resolution takes effect upon approval by the Governor.

 Ratified the 26th day of May, 1999.

 Approved the 28th day of May, 1999. 

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