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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 39-80-40: Minimization of collection, use, or retention of minors' data.

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Where this section sits in the code
  1. Title 39 - TRADE AND COMMERCE
  2. CHAPTER 80 Age-Appropriate Code Design

(A) Covered online services shall only collect, use, or share the minimum amount of a minor's personal data necessary to provide the specific elements of the covered online service with which a minor has knowingly engaged. Such personal data may not be used for reasons other than those for which it was collected. Minors' personal data collected for age verification or estimation cannot be used for other purposes and must be deleted after use.

(B) A covered online service shall only retain a minor's personal data as long as necessary to provide the specific elements of an online service with which a minor has knowingly engaged.

(C) Covered online services may not facilitate targeted advertising to minors.

(D) Precise geolocation information of minors cannot be collected by default unless necessary to the provision of the covered online service. An obvious notice to the minor must be provided when precise geolocation information is being collected or used.

(E) A covered online service must provide users with accessible and easy-to-use tools to prevent notifications and push alerts to an individual during specified times. To comply with this requirement, a covered online service must offer the user the option to prevent notifications and push alerts to an individual the covered online service knows is a minor between the hours of ten p.m. and six a.m. seven days a week year round and between the months of August and May between the hours of eight a.m. and three p.m. Monday through Friday in the minor's local time zone.

(F) A covered online service shall not profile an individual the covered online service knows is a minor, unless profiling is necessary to providing the covered online service with which a minor has knowingly requested and is limited to only the aspects of the covered online service with which a minor is actively and knowingly engaged.

(G) Settings for the protections required under this section must be set at the highest level of protection by default.

(H) If a covered online service allows parental monitoring or is required to provide parental monitoring by law, then it must provide obvious notice to the minor when they are being monitored.

Collected 2026-10-25T03:52:40Z. Source file · JSON

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