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Bill > H4809


SC H4809

SC H4809
Digital forms of identification


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Article 29 To Title 1, Chapter 1, So As To Define A "digital Form Of Identification", And Provide That A Public Entity Is Not Authorized To Use Such Forms Of Identification; By Adding Section 56-1-560, So As To Define "mobile Driver's License", And Provide That A Person Is Not Required To Obtain A Mobile Driver's License; And By Adding Section 39-1-100, So As To Allow A Private Entity To Use A Digital Form Of Identification When Interacting With A Person, To Provide That For The Protection Of Personal Data, And To Provide Circumstances When A Person May Bring A Cause Of Action In A Court Of Competent Jurisdiction.

AI Summary

This bill establishes comprehensive regulations for digital forms of identification in South Carolina, addressing how public and private entities can use digital identification while protecting personal data. The bill defines "digital form of identification" broadly, including items like Social Security numbers, biometric data, and electronic identification numbers, and creates three key sections of law: one governing public entities, one addressing mobile driver's licenses, and one regulating private entities. For public entities, the bill prohibits requiring digital identification and mandates that physical identification alternatives must always be available, while allowing voluntary digital options; it also ensures individuals can view, correct, or remove their personal data and prevents entities from taking actions solely based on personal data. For mobile driver's licenses, the bill specifies that no person is required to obtain one and prevents linking such licenses to automated license plate readers without consent. For private entities, the bill similarly restricts data usage, requiring explicit consent for each purpose of data collection and prohibiting sale or transfer of personal data without individual permission. Both public and private entities can face legal action and potential penalties of up to $150,000 per occurrence for violations, though the bill does not prevent compliance with lawful law enforcement requests. The overall aim is to provide individuals greater control over their digital identification and personal information while establishing clear guidelines for its use.

Committee Categories

Education

Sponsors (4)

Last Action

Referred to Committee on Education and Public Works (on 01/13/2026)

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