A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-3-550 SO AS TO PROHIBIT THE DEPARTMENT OF MOTOR VEHICLES FROM DISCLOSING CERTAIN PERSONAL INFORMATION WITHOUT AN INDIVIDUAL'S EXPRESS CONSENT, AND TO REQUIRE THE DEPARTMENT TO ESTABLISH AND CARRY OUT WAIVER PROCEDURES FOR REQUESTS FOR SUCH PERSONAL INFORMATION.
Summary
H5130 would add a new section to South Carolina law restricting the Department of Motor Vehicles from releasing an individual’s personal information unless the disclosure fits one of the federal Driver’s Privacy Protection Act exceptions or the individual gives express consent. The bill defines “personal information” by reference to federal law and makes the DMV responsible for withholding such data when a request does not qualify under the listed exceptions.
The bill also requires the DMV to create a notice-and-waiver process for non-exempt requests. When the department receives a request for protected information, it must mail the affected individual a copy of the request and inform them that the information will not be released unless they waive their privacy rights under federal law. The procedures must be implemented within 60 days after the act takes effect, and the DMV must report compliance and provide the procedures to the General Assembly.
Impact
The bill would amend Title 56 of the South Carolina Code by adding Section 56-3-550, creating a state-level restriction on DMV disclosure practices for personal information tied to driver and vehicle records. It would align state practice with the federal Driver’s Privacy Protection Act framework while adding an express-consent requirement and a formal notice process for requests that do not fall within federal exceptions. The primary affected parties would be the DMV, requesters of motor vehicle record information, and South Carolina residents whose personal information is held by the agency.
Sentiment
With no committee transcripts or recorded votes available, the bill’s sentiment can only be inferred from its text and caption. The measure appears privacy-protective and administrative in nature, suggesting a generally favorable posture toward limiting disclosure of personal information and giving individuals more control over their DMV records. There is no evidence in the provided materials of organized opposition or support, but the bill’s structure indicates an intent to strengthen privacy protections rather than expand access to records.
Contention
The main point of contention would likely be the balance between privacy and access to DMV-held information. Supporters would favor the added consent requirement and notice to individuals, while potential opponents could include entities that rely on motor vehicle records for lawful purposes and may view the waiver process as an added burden or delay. Another possible issue is administrative workload for the DMV, which must create and implement the notice-and-waiver procedures within 60 days and report back to the General Assembly.