South Carolina § 23-47-75 - CMRS location information and other data in 911 system not subject to FOIA.

§ 23-47-75. CMRS location information and other data in 911 system not subject to FOIA.

(A) CMRS location information obtained by safety personnel or for public safety personnel for public safety purposes is not public information under the Freedom of Information Act.

(B) A person may not disclose or use, for any purpose other than for the 911 or other emergency calling system, information contained in the database of the telephone network portion of a 911 or other emergency calling system established pursuant to this chapter.

(C) For all information not covered by subsections (A) and (B), a local government may exempt from disclosure:

(1) individual identifying information of an individual calling a 911 center, individual identifying information of a victim, or individual identifying information of a witness; or

(2) images or video from a place where the 911 caller would have a reasonable expectation of privacy as defined in Section 16-17-470(D)(1).

The local government is responsible for the release of its information.

(D) This section shall not apply if the local government or a court order determines that the public interest in disclosure outweighs the interest in nondisclosure.

(E) As used in this section, the term "identifying information" includes name, telephone number, and home address. The term does not include:

(1) the location of the incident, unless the location is the caller's, victim's, or witness' home address or the disclosure of the location would compromise the identity of the caller, victim, or witness; or

(2) the street block identifier, the cross street, or the mile marker nearest the scene of the incident, which shall be public.

HISTORY: 1998 Act No. 399, SECTION 6; 2019 Act No. 60 (H.3586), SECTION 7, eff May 16, 2019.

Effect of Amendment

2019 Act No. 60, SECTION 7, in (B), substituted "database" for "data base"; and added (C), (D), and (E).