Cyber Liability by state
South Carolina data breach notification law and cyber insurance
Direct answer
What is South Carolina's data breach notification law?
South Carolina's breach notification law (S.C. Code sect. 39-1-90) requires businesses to notify affected residents in the most expedient time possible and without unreasonable delay after a breach of personal information. South Carolina requires businesses to notify affected residents of breaches of unencrypted personal information without unreasonable delay, with Department of Consumer Affairs notice above 1,000 residents.
What the statute requires
South Carolina requires businesses to notify affected residents of breaches of unencrypted personal information without unreasonable delay, with Department of Consumer Affairs notice above 1,000 residents. Cyber liability insurance typically covers the forensics, notification, and legal review this statute drives.
- Consumer notification deadline
- In the most expedient time possible and without unreasonable delay
- Regulator notice
- Notify the South Carolina Department of Consumer Affairs when a breach affects more than 1,000 residents.
- Credit bureau notice
- Notify consumer reporting agencies when a breach requires notice to more than 1,000 residents.
- Safe harbor
- Notification is not required if the compromised data was encrypted or redacted, or where an investigation finds illegal use of the information has not and is not likely to occur.
- Enforcement
- The statute authorizes civil penalties for knowing or willful violations and allows affected residents to recover damages.
Statutes and sources
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South Carolina Breach of Security of Business Data Law
S.C. Code sect. 39-1-90
Regulator: South Carolina Department of Consumer Affairs . Last verified 2026-07-29 from the official source .
Related South Carolina compliance pages
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