A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 31 TO TITLE 37 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE THAT A GOVERNMENTAL ENTITY MAY NOT COMMUNICATE WITH A SOCIAL MEDIA PLATFORM IN CERTAIN INSTANCES, TO PROVIDE APPLICABILITY, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR CERTAIN CONSUMER RIGHTS, TO PROVIDE FOR THE EXERCISING OF CERTAIN RIGHTS, TO ESTABLISH AN APPEALS PROCESS, TO PROVIDE THAT CERTAIN CONTRACTS AND AGREEMENTS THAT WAIVE RIGHTS ARE VOID, TO PROVIDE THAT A CONTROLLER SHALL ESTABLISH METHODS TO SUBMIT REQUESTS, TO PROVIDE FOR DUTIES FOR CONTROLLERS, TO PROVIDE FOR A PRIVACY NOTICE, TO PROVIDE FOR DUTIES OF A PROCESSOR, TO PROVIDE FOR A DATA PROTECTION ASSESSMENT, TO PROVIDE FOR DUTIES OF A CONTROLLER IN POSSESSION OF DEIDENTIFIED DATA, TO PROVIDE THAT A CONTROLLER MAY NOT ENGAGE IN THE SALE OF CERTAIN PERSONAL DATA, TO PROVIDE FOR ACTIONS THAT ARE NOT RESTRICTED, TO PROVIDE FOR THIRD-PARTY DATA DISCLOSURE, TO PROVIDE THAT CERTAIN PERSONAL DATA MAY NOT BE PROCESSED, AND TO PROVIDE THAT A VIOLATION IS AN UNFAIR AND DECEPTIVE TRADE PRACTICE.
Impact
The enactment of HB 3401 would significantly reshape state laws related to data privacy and consumer protections. It introduces an appeals process for consumers whose rights have been violated and mandates that certain contracts waiving rights are void. Additionally, this bill clarifies that a violation of its provisions is considered an unfair and deceptive trade practice, thereby affording consumers protections under the state's consumer protection laws. The bill also requires regular reporting from the Attorney General's office on its enforcement actions, thereby increasing transparency in data handling practices.
Summary
House Bill 3401, titled 'Technology Transparency', aims to amend the South Carolina Code of Laws by introducing a new chapter focused on consumer rights regarding personal data. The bill establishes strict guidelines for how governmental entities can interact with social media platforms and outlines the responsibilities of data controllers and processors concerning the collection, processing, and sale of personal data. This legislation seeks to empower consumers by ensuring they are informed of their rights and have a clear means to exercise them regarding their personal information.
Contention
Despite its objective of enhancing consumer rights, HB 3401 has faced criticism concerning potential overreach and implementation challenges. Critics argue that while protecting consumer data is paramount, the bill could impose an undue burden on businesses that handle personal data. Some stakeholders express concerns that governmental agencies might face restrictions that hamper their ability to utilize social media for legitimate communication and outreach purposes. The fine line between protecting consumer rights and maintaining effective operational capabilities for organizations may lead to substantial debate in legislative sessions.
Provides that no entity shall receive fees for services rendered in a veterans' benefits matter until certain notice has been provided to the claimant; provides for the type of notice that shall be provided to claimants; defines terms; makes technical corrections.
Provides that no insurance contract or agreement between a health insurance plan and a health care provider, other than a residential health care facility, shall include a provision that: contains a most-favored-nation provision; or restricts the ability of a corporation, an entity that contracts with a corporation for a provider network, or a health care provider to disclose certain costs, prices or information; extends the effective date from January 1, 2023 until July 1, 2023.
Provides that no insurance contract or agreement between a health insurance plan and a health care provider, other than a residential health care facility, shall include a provision that: contains a most-favored-nation provision; or restricts the ability of a corporation, an entity that contracts with a corporation for a provider network, or a health care provider to disclose certain costs, prices or information; extends the effective date from January 1, 2023 until July 1, 2023.
Amends early voting provisions; provides that an application for an absentee ballot that does not provide a reason that the applicant is entitled to such a ballot shall be processed as an application for an early mail ballot.