S.C. Code Ann. § 39-80-20: Reasonable care in online services and use of personal data; prevention of harm to minors.
Where this section sits in the code
- Title 39 - TRADE AND COMMERCE
- CHAPTER 80 Age-Appropriate Code Design
(A) A covered online service shall exercise reasonable care in the use of a minor's personal data and the design and operation of the covered online service including, but not limited to, covered design features, to prevent the following harm to minors:
(1) compulsive usage of the covered online service;
(2) severe psychological harm including, but not limited to, anxiety, depression, self-harm or suicidal ideations;
(3) severe emotional distress;
(4) highly offensive intrusions on the minor's reasonable privacy expectations;
(5) identity theft;
(6) discrimination against the minor on the basis of race, ethnicity, sex, disability, or national origin; and
(7) material financial or physical injury.
(B) "Harm" defined in this section is limited to those for which liability is permitted under 47 U.S.C Section 230, including as that provision is amended or repealed in the future.
(C) Nothing in this section may be construed to require a covered online service to prevent or preclude any user from deliberately and independently searching for or specifically requesting content, or accessing resources and information regarding the prevention or mitigation of the harm described in this section.
(D) The provisions contained in this chapter do not apply to:
(1) a federal, state, tribal, or local government entity in the ordinary course of its operations;
(2) personal data that is controlled by a covered online service that is:
(a) required to comply with:
(i) Title V of the federal Gramm-Leach-Bliley Act;
(ii) the federal Health Information Technology for Economic and Clinical Health Act; or
(iii) regulations promulgated pursuant to Section 264(C) of the Health Insurance Portability and Accountability Act of 1996;
(b) in compliance with the information security requirements of the statutes or regulations identified in subitem (a);
(3) information including, but not limited to, personal data collected as part of a clinical trial subject to the federal policy for the protection of human subjects pursuant to human subject protection requirements of the U.S. Food and Drug Administration;
(4) the requirements of this chapter are in addition to and may not limit or restrict in any way the application of other laws including, but not limited to, statutes, regulations, and common law of South Carolina. In the event of a conflict between this chapter and one or more other laws, the law that affords the greatest protection to minors shall control.
Collected 2026-10-25T03:52:40Z. Source file · JSON